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HomeMy WebLinkAbout20211566 Ver 2_ePCN Application_20220406DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20211566 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: 77 Beltway What amout is owed? * $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez la. Who is the Primary Contact?* Jackson Hendricks 1 b. Primary Contact Email:* lc. Primary Contact Phone:* jackson@dcinsightlIc.com (704)773-8684 Date Submitted 4/6/2022 Nearest Body of Water Dixon Branch Basin Catawba Water Classification C Site Coordinates Latitude: 35.37404 A. Processing Information Longitude: -80.84744 County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 2/16/2022 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: see owners list in attachment 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address see owners list in attachment Address Line 2 City 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region Postal / Zip Code Country 2e. Telephone Number: (704)773-8684 2f. Fax Number: Yes No Yes No 2g. Email Address: * jackson@dcinsightlIc.com 3. Applicant Information (if different from owner) 3a. Name: Richard Horn 3b. Business Name: SCP Acquisitions, LLC 3c. Address Street Address 280 E 96th Street Address Line 2 Suite 250 City Indianapolis Postal / Zip Code 46240 3d. Telephone Number: (317)819-1887 3f. Email Address:* RHorn@strategiccapitalpartners.com 4. Agent/Consultant (if applicable) 4a. Name: Jeff Harbour 4b. Business Name: Terracon 4c. Address Street Address 2401 Brentwood Road Address Line 2 suite 107 City Raleigh Postal / Zip Code 276047 4d. Telephone Number: (919)805-4208 4f. Email Address: * jeff.harbour@terracon.com C. Project Information and Prior Project History State / Province / Region IN Country US 3e. Fax Number: State / Province / Region NC Country US 4e. Fax Number: 1. Project Information 1b. Subdivision name: (If appropriate) lc. Nearest municipality / town: Huntersville 2. Project Identification 2a. Property Identification Number: see attachment 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 2b. Property size: 91 State / Province / Region Country 3a. Name of the nearest body of water to proposed project: * Dixon Branch 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 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:* Site consists of approx. 91 acres of agriculture fields, pasture, and wooded areas. Multiple dirt roads access the site. A natural gas line easement also crosses the site. Site bound to the east by 177. Land use in this area is primarily agriculture and wooded land with some residences and small business. The delineation maps provided also help depict the existing conditions of the site The initial application was withdrawn. Numbers previously assigned were: DWR#21-1566 SAW-2020-02078 This PCN submittal is to be referenced as Version 2. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.9 4g. List the total estimated linear feet of all existing streams on the property: 4,074 4h. Explain the purpose of the proposed project: * Development of an industrial warehouse facility to provide expanded storage and logistical resource for this rapidly growing area. The location of the site adjacent to 1-77 makes this an extremely important and efficient facility for the transportation and storage of goods. The size of the proposed warehouses will require significant grading for the buildings and access roads for ingress and egress. The existing gas pipeline that crosses the site poses significant constraints with regards to the construction limits and roads. The proposed impacts have been designed in such a way as to meet the purpose and need but also demonstrate avoidance and minimization. Several redesigns have occurred and we believe the current plan meets the purpose and need of the project and still demonstrates considerable avoidance and minimization. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The nature of the project will require some impacts to wetlands and streams to meet the purpose and need of the project. These impacts have been designed in such a way to avoid and minimize impacts as much as practicable in lieu of the purpose and need of the project. Mitigation will be provided for all wetland and stream impacts incurred for the project. Typical equipment will be used such as graders, excavators, trucks, etc. Indirect impacts will be minimized by stringent ESC measures and detailed plans indicating the limits of disturbance and those areas to remain undisturbed will be marked and fenced. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: see attached delineation maps and USAGE concurrence 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-02078 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: JC Weaver Terracon Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. This is a potentially phased project but future plans for the remainder of the site are unknown and could be many years away. Should future development occur, any impacts associated with that would be requested under a Section 404 Individual Permit Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? None anticipated D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* Impact 4 fill P Headwater Forest W4 Yes Both 0.040 (acres) Impact 5 fill P Headwater Forest W5 Yes Both 0.270 (acres) Impact 6 fill P Headwater Forest W6 Yes Both 0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.360 21. Comments: Mitigation will be provided for the wetland impacts at a 2:1 ratio 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.360 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S1 road crossing Permanent Culvert UT to Dixon Branch Intermittent Both 2 Average (feet) 49 (linear feet) S2 grading Permanent Fill UT to Dixon Branch Intermittent Both 3 Average (feet) 69 (linear feet) S3 Grading Permanent Fill UT to Dixon Branch Intermittent Both 2 Average (feet) 145 (linear feet) S4 road crossing Permanent Culvert UT to Dixon Branch Perennial Both 4 Average (feet) 195 (linear feet) S5 road crossing Permanent Relocation UT to Dixon Branch Perennial Both 4 Average (feet) 69 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 527 3i. Total stream and ditch impacts: 527 3i. Total temporary stream impacts: 0 3j. Comments: The S5 impact above is being listed as a permanent loss; however, 95 feet of new channel is intended to offset this loss and provide a gain of 26 feet. This relocation is required to allow the placement of the road crossing such that it does not encroach into the gas line easement. This site constraint is documented in the attached letter from Kimley-Horn. The new channel will be constructed using natural channel design and will provide improved habitat and function while allowing for the crossing to placed in the only suitable location due tot he gas line. The total stream loss is 0.042 acre. The small net gain from the new channel is +/-26 linear feet (+/- 104sf / 0.002ac). E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project has undergone several designs to avoid and minimize impacts while still being able to meet the projects purpose and need. The main stream crossing impact was redesigned several times based on early comments from USACE. The early design for the crossing identified on the plans as Impact 7/8, would have impacted 372 linear feet (0.051 ac) of stream from culverts and relocation efforts. This design was subsequently changed to the current design, which demonstrates a significant reduction in impact to the stream. The current design and justification for this crossing is detailed in the attached letter from Kimley Horn 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All ESC and BMPs will be strictly installed and inspected during the construction period. Bare ground will be revegetated with native species 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 527 feet of impact 4d. Buffer mitigation requested (DWR only): (square feet) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 0.36 ac of impact 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments We assume a 2:1 ratio for mitigation will apply F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The project as designed can stand as a single and complete project and no additional development plans are known. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 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 No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Terracon performed an intensive habitat assessment and produced a report for the applicant. NCNHP was also contacted and their report stated that no federal protected species are known to occur within one mile of the site. IPaCS did not identify any critical habitats in or around the site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCSHPO revealed three previous archaeological surveys and eight recorded sites are located within 1/2 mile of the site. HPOWEB GIS revealed that two historic resources were once located within 1/2 mile of the site but have been moved to new locations. No resources are located in the project site 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA indicates the project site is within an area of minimal flood hazard Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 77 Beltway PCN Supporting Docs.pdf 61.42MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Jeff Harbour Signature Date 4/6/2022 Beltway 77 Industrial Development Huntersville, NC DWR# 21-1566 AID# SAW-2020-02078 Table of Contents for PCN (Version 2) Supporting Documentation Part 1: Overall Impact Map and Detailed Permit Drawings Part 2: Flood Boundary and Grading Plan Part 3: Letter from Kimley Horn Regarding the Primary Stream Crossing Part 4: Responses to NCWRC Comments Part 5: Property Owner Info and Agent Authorizations Part 6: NCSHPO Letter Part 7: USACE JD Part 8: Protected Species Report Part 9: Current DMS Mitigation Statement of Availability Part 1: Overall Impact Map and Detailed Permit Drawings Proposed Condition ul�00 o >,J z N N A E N c» o 0 00•NU o o n 7 N N U O 2 0 - m w 0 E 0- O o ro f e 0 tional Ephemeral Channels E 0 a UJOH «< AaIW!N AO 0,0303 zz0 ig/ L0 00099L£1.0 103fOdd NN 31IdOId aNV NV1d 12I9A1fl3 ON 3111ASLI31 NHH Oil 'S±HOISNI NOILOla1SNOO ONV 1N31A1dO13A3O JOd 031Vd3Jd LL AV/Val38 WO 11, liJOild ON, apes LL-n EIEEMEI MI iiiiiiill - i� a -—d _t—.,.F_..,.—e WOH(<<A(ajW N 31IdO2Id aNV NV1d UI9A1fl3 ON 3111ASda Nf1H O11 'S±HOISNI NOILOla1SNOO ONV 1N31A1dO13A3O JOd 031tld31d LL ) VM1138 zz034da/L9 00099L£l0 3,0 SNOISIALL 1°/ A,1i3flaiSnO4 NO3 ION UJOH(«A(aIWDI ZZO Siva / LO 00099L£L0 103303d NN S11111303 WV311S 9N 311335,33133Th Oil 'S±HOISNI NOILOla1SNOO ONV 1N31A1dO13A3O ?JOd feggIVceggld LL ) VM1138 U 33 STRUCTED RIFFLE U To 0 0 C7 O J CHANNEL BLOCK BOULDER TOE PROTECTION 3,0 AuIi3flalSnO4 aOi ION MIN 0(Ica! 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Swgw ds� o� g 4 =£ �� �C, `° Y s $ 1 �' III o v� �� n x sae§e �@c � .,va a N 2a'_�= F �Ifi�j'� AM 1 g " >�" _ 1 1 08 8899 HEEEE a s ' 4 t � lid J 1 _ eOh Ott��jz , - �?��_� t :2 , t t t t ,/�1 t tin E 1 P 3 �- 1 m� l'i�yb 1Q @a \kV S � �cs, ,6 -t (y, tires ( t J �i�/ .� tww _ Rro'?I'i�r'�r�ti m m y N f O F w wrr1) t � i i \, � I\ rr 1i it , a` . et i 4A' 3 \ t ,3' �,\1il\�iLV r \ \ 11y \\ � �)„.,,,'>.„gl*‘‘L \ \ -- --;\ & ,, . z - ,v t t 1 list ti it �-- -� __ _' cl�maslE_ 1 _Ivard s i �i.-� t` `dt - V �e 1 1i' iv. it �tt�1/i�tii��i,'), t��w��tl t'',., tt i2 'i1/�it �4t'13 i� a �� , t r i v -��- "'-\� � Ewan ,t /3 4o. 1 '�/ ` . .. * 4;140 , sot.� ' ;0'44 lop .„ v���i t t I �� Ot ,' .tt 3;` t L t n`� ,;' Part 3: Letter from Kimley Horn Regarding the Primary Stream Crossing Kimley>»Horn April 5, 2022 NCDEQ Mooresville Regional Office Re: Beltway 77 — Industrial Development Stream Crossing To NCDEQ: The initial site layout was performed to connect to existing roads and align with other proposed developments are required by the Town of Huntersville and NCDOT. Based on the required driveway connection points, public roadway minimum design radii dictated the required stream crossing location. As part of the design of this new internal public road Kimley-Horn reviewed the environmental and utility constraints in the area. Colonial Pipeline has two large gasoline pipelines (36" and 48") adjacent to the stream throughout the site. Based on extensive coordination with Colonial Pipeline, structures are not allowed within their 70' wide easement. In this location, the stream naturally curves. As such, a bottomless culvert design would require a very wide culvert section with walls or other structures encroaching within the Colonial easement. This option was discussed but ultimately was not allowed. The current alignment utilizes a box culvert and natural stream design, including bank grading, bio-engineering elements, native vegetation, improved bedform diversity, and adding aquatic habitat features to minimize environmental impacts while avoiding the adjacent easement. The box culvert is to be imbedded into the stream to allow for aquatic life passage. Should you have any questions regarding this, please feel free to reach out to me at (704) 319-5698. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. aA2;La/174C---- Austin Watts, P.E. Vice President kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte NC 28202 704-333-5131 Part 4: Responses to NCWRC Comments Responses to NCWRC Comments Dated March 21, 2022 1. The photographs reference a farm pond in the NE portion of the project. Is that going to be drained or is it the one that will be avoid? This feature was deemed a wetland by USACE and will not be impacted. 2. Have you done NCWAM or NCSAM? No NCWAM or NCSAM has been performed. All mitigation is being proposed and the standard 2:1 ratio. 3. Have you conducted T&E surveys for federally listed species? Yes, Terracon has completed a T&E report for the site, and it is attached with this submittal 4. Further minimize impacts to wetlands and streams. The project narrative describes the multiple avoidance and minimization measures that have occurred during project design. 5. For the relocation portion of the stream, we recommend using state-of-the-art natural channel design. We prefer natural materials such as coir fiber rolls, biodegradable erosion -control blankets, and vegetation instead of rip rap where practical. Use native species that occur in Mecklenburg County Monitoring is recommended to ensure successful channel and bank stabilization and vegetation growth; monitoring should occur once per year during the growing season for three years or three bankfull events. Invasive species control should occur regularly, including prior to construction if present. The relocation area has been designed according to natural channel design methodologies and is detailed in the plans provided by Kimley-Horn 6. Furthermore, non-native plants should not be used for seeding disturbed areas. Specifically, avoid using Bermudagrass, redtop, tall fescue, and lespedeza, which are invasive and/or non- native. A list of native alternatives to non-native species has been attached. Alternatively, use a grain, such as oats, wheat, or rye for temporary cover and native seed mixes for permeant seeding. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary and plant native trees and shrubs for landscaping rather than using turf grass. Native plants used in the project should naturally occur in Mecklenburg County (https://authl.dpr.ncparks.gov/flora/species account.php). Using native plants will also reduce costs and time for maintenance of landscaping. Native seed mix will be used 7. The applicant should avoid the removal of large trees. Due to the decline in many tree -roosting bat populations, trees should not be removed during the maternity roosting season for bats (May 15—August 15). Based on current NCNHP data, there are no occurrences of NLEB or hibernacula within more than one mile from the site. The project is in compliance with 4(d) rule established by USFWS. 8. Sediment and erosion control measures should be installed prior to any land clearing or construction. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. Silt fencing should be maintained during construction and removed after soils have stabilized. All required ESC measures will be used and strictly monitored and maintained during the duration of the project. Part 5: Property Owner Info and Agent Authorizations 1-77 Beltway Site PROPERTY OWNER INFO TABLE TERRACON-71207484 PIN PROPERTY OWNER ACERAGE PROPERTY ADDRESS 01204202 GEORGE W JR ALEXANDER / JOYCE DOUGLAS 20.39 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704208 GEORGE L ALEXANDER 2.146 11317 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704209 PATRICIA A MENGES 4.50 13307 BINNAWAY RD HUNTERSVILLE NC 28078 01704210 SUSAN ALEXANDER WHITE 15.56 11300 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704215 JOHN MCKNITT ALEXANDER 23.54 11250 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704216 JOE W GAITHER 9.85 11201 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704225 CYNTHIA A WISCH 4.253 11307 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704226 DONOVAN III MCGRADY / CARRIE W MCGRADY 2.49 11311 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704222 GEORGE W ALEXANDER / JOYCE ALEXANDER 3.653 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704228 CYNTHIA A WISCH 2.443 11315 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704220 CYNTHIA A WISCH 3.30 11313 ALEXANDRIANA RD HUNTERSVILLE NC 28078 Jurisdictional Dete ination Request D. PROPERTY ACCESS CERTIFICATION3'4 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. i)v_ev cAt; Print Name SO Cf.- 0, L Pi-z•L '0 Capacity: E Owner ri Authorized Agent5 I/ (c;) Date E. REASON FOR JD REQUEST: (Check as many as applicable) [7 I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perfomi activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or 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 Ecess. I intend to construct/develop a project or 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. IDI believe that the site may be comprised entirely of dry land. nOther: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 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 USACE/NCDWR Agent Authorization Form Property/Site: 1-77 Beltway Address of Site: Site access is located at 11300 Hambright Road and is located between Alexandriana Road to Hambright Road and west of Highway 77. 24,3<7-1 7 Parcel Identification Number (PIN): See attached table. CI) 1)76' Owner Information: Name: Address: )°--ic • e, it - t4- tR, ord 5 11 Telephone Number: ' 740 E-mail Address: Property Owner Certification: 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. Property Owner Signature: Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 P: 919-873-2211 F: 919-873-9555 terracon.corn Environmental 8 Facilities ri Geotectittical Materials Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 By signing below, I authorize representatives of the Wilmington District, U.S. Ai ny 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. 67/11% td/S Print Name Capacity: [31 //— // Date Signature Owner (71,6 690 Authorized Agent5 E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perfoiiii activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. iT I intend to construct/develop a project or 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 project or perfoi in 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. EI 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. 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 ���~E��� `� en Property/Site: 1-77 Beftway uthorization For Address ofSite: Site access iO located at11300Honnbhqht Road and is located between Alexandriana Road to Hambriqht Road and west of Hiqhway 77. Parcel Identification Number /P|N\: See attached table. /�/�/)4/�`� Owner Information: N8[D8: Address: Ay7~(=, /�s(/)///�/ Telephone Number: ^7C 4/ i 6_^7 7^ Property Owner Certification: 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) and/ Or the North Carolina Division of Water Resources (NC[)VVR)k} enter upon the propjartv herein described for the purpose of conducting on -site investigations and issuing 3 determination associated with Waters of the U.S (VVOTU8) subject to Federal/State ` jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivera and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to 000rdinate, nohedu|o, and provide supplemental information to both agencies in support Ofthis verification and/or permit application. Property Owner Signature: Date: / / -^ // — -PO 0 TerracunConsultants Inc, 2401 Brentwood Road, Suite 107, Raleigx, NC 28208-3608 1-77 Beltway Site PROPERTY OWNER INFO TABLE TERRACON-71207484 PIN PROPERTY OWNER ACERAGE PROPERTY ADDRESS 01704207 GEORGE W JR ALEXANDER / JOYCE DOUGLAS 20.39 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704208 GEORGE L ALEXANDER 2.146 11317 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704209 PATRICIA A MENGES 4.50 13307 BINNAWAY RD HUNTERSVILLE NC 28078 01704210 SUSAN ALEXANDER WHITE 15.56 11300 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704215 JOHN MCKNITT ALEXANDER 23.54 11250 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704216 JOE W GAITHER 9.85 11201 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704225 CYNTHIA A WISCH 4.253 11307 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704226 DONOVAN III MCGRADY / CARRIE W MCGRADY 2.49 11311 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704227 GEORGE W ALEXANDER / JOYCE ALEXANDER 3.653 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704228 CYNTHIA A WISCH 2.443 11315 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704220 CYNTHIA A WISCH 3.30 11313 ALEXANDRIANA RD HUNTERSVILLE NC 28078 L Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION34 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. trre Ac(2a Print Name Capacity: Owner \ 10117/0,1) Dat Signature Authorized Agent5 E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. FI intend to construct/develop a project or 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 project or 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. r"-- I intend to construct/develop a project or perfor in 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. 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 formlletter signed by owner(s). Version: May 2017 Page 3 Owner Information: Name: Address: Telephone Number: E-mail Address: USACE/NCDWR Agent Authorization Form Property/Site: Address of Site: 1-77 Beltway Site access is located at 11300 Hambright Road and is located between Alexandriana Road to Hambright Road and west of Highway 77. Parcel Identification Number (PIN): See attached table. PIN / 70 LIZZAI pi-74 0 19obi'424 tfrn't- AAJ-9(eAl Oloccoketria_ to s" (-1771 raat.-e ralti aymo-(1' cal Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. Property Owner Signature: Date: o Uu) Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 P: 919-873-2211 F: 919-873-9555 terracon.com Environmental 8 Facilities 11 Getytechriical S Materials 1-77 Beltway Site PROPERTY OWNER INFO TABLE TERRACON-71207484 PIN PROPERTY OWNER ACERAGE PROPERTY ADDRESS 01704207 GEORGE W JR ALEXANDER / JOYCE DOUGLAS 20.39 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704208 GEORGE L ALEXANDER 2.146 11317 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704209 PATRICIA A MENGES 4.50 13307 BINNAWAY RD HUNTERSVILLE NC 28078 01704210 SUSAN ALEXANDER WHITE 15.56 11300 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704215 JOHN MCKNITT ALEXANDER 23.54 11250 HAMBRIGHT RD HUNTERSVILLE NC 28078 01704216 JOE W GAITHER 9.85 11201 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704225 CYNTHIA A WISCH 4.253 11307 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704226 DONOVAN III MCGRADY / CARRIE W MCGRADY 2.49 11311 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704227 GEORGE W ALEXANDER / JOYCE ALEXANDER 3.653 13011 BEATTIES FORD RD HUNTERSVILLE NC 28078 01704228 CYNTHIA A WISCH 2.443 11315 ALEXANDRIANA RD HUNTERSVILLE NC 28078 01704220 CYNTHIA A WISCH 3.30 11313 ALEXANDRIANA RD HUNTERSVILLE NC 28078 0 ct Q. C A to Property1Sae: 1-77 Beltway ERtsgAddrasv "Srn, g, Form TmaaaC hoc MI@m mma Rnv15 1:07, P..1M-8132411 F:9198738925 bmaeuxci ctional Determination D. PROP RTIF1CATIONM By signirtg below. I authorize re reseanatives 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 adze Rivers and Harbors Act of 1899. 1, the undcrsi 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_ )n;if 1 Mc Nt; t ALE)-NoEg Print Name Capwity © authorized Age SON FOR JD REQUEST: (Clog.; as many as applicable) I Mend to constmethievelop a project or perform activities on this pared toe. deal to avoid all aquatic resources. construcUdevelop a project or performactivities en this pared which d be id all jurisdicticon! txpnatic resources under Craps authority. _ -- --`construct/develop a project or perform activities onthis parcel which may. authorization from the Corps, and the 1D WOUld be used to avoid and minimize nara.d tojurisdictional aquatic resources and as aninitial step in a halm permitting to construct/develop a project or perform activities on this parcel which may from the Craps; this request is accompanied .ied by my permit application ins the permitting preens. sveiop a project or performactivities in a navigable waster of the tot Section 10 list an/or is subject to the ebb and flow of the tide_ A Corps in is. fins order 8 obtain my local/state autha iation- 1 intend to contest jerisdiericm o.r r a particular aquatic resource and request the Corps otaafina that jurisdiction does/does not exist over the aquatic rice on dm parcel - I believe that the she may be comprised entirely of dry landOther Far Vern= Mar 7 t snot,P03E. atdtiowl p0ra i oat F.fF 3 IM paUUeDS USAC C© A Aut Pr y I-n Beltway Address of Site: Site access is located al 11300 Hambrig t Road end is located between Aletdndtiene Rood to Hambriord Road end west of His way 77 Parcel Iden4Yeat n Number (PIN): See attached sole, Humor hdortnation: Name: G€ tL L. (L kEQ 1130 4144144n(24an1A- g F unri-EP-SvrcLE, Jr ago?8 Ted Manlier. 7 ^ q3L - Lv .5-1, Address RI e r r Fapi R?T nIET Properly (Dealer Signature: -- 'n-..—eC • 0121 11-Sl-71") Tersu.e +*« tzt. 2471 tireztosa4 iL»1,3ti2a 1237. PXgk SC =MG P 1 F:4 cmm di D. PROPERTY ACCESS CERTWPICATION3.4 By signing below. I authorize representatives of the W ilmingon District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if npoos.-.sty, and issuing a j determination pursuant to Section 404 of the Clean Wafer Act anther Section 10 of the Rivers and harbors Act of 1899. I, the undersigned, am either a duly authorized owner of c....ca d of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. PIcJInrt:T ALExR-iv0£.R- Print Name Capacity Q Owner ©Audi A s /l-9-zo y BA Corps JD is required in order obtain my iacalIstate a 1 intend to enm.— t jurisdiction ova a particular aquatic confirm that j aisdiction doasrdoes not exist over- the aquatic rrscace on ElI believe that the site may be comprised entirely of dry land Other 1T2rracon D ACE/NCDWR Agent Authorization Form Property/Site: Address of Site; 1-77 Beltway Site access is located at 1 1300 Harnbright Road and is located between Alexandriana Road to Hambridht Road and west of Highway 77 Parcel Identification Number (PIN): See attached table. Owner Information: Name: Address: Telephone Number: E-mail Address: 1' 2-6 1 A L }a A d c: ¢,. rX 42-6 LIU167t,>, Lug 54� - 31{-i - I 1 u - C. (, Cad r e -L L:Ci1urL Property Owner Certification: I: the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) arid/ or the North Carolina Division of Water Resources (NCDVVR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with VVaters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Glean water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application, Property Owner Signature: ji,Tc• GT, \ac tJ. Ch1T4#te- _]c Date: k / it / it2,0 Terraaa Consultanls Inc, 2401 9renlwood Coed, Suite 107. F sleigh, NC 26208-3608 P- 919-873-2211 F: 91q-873• 555 lerracon,rnm Environmental l! Facilities • Geotecllnical Materials jurisdictional Determination Request D. PROPERTY ACCESS ERTIFICATION3 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 andior Section 10 ofthe Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record ofthe property identified herein, or acting as the duly authorized agent of the owner of record of the property. of Itt-1461, S rto Print Name Capacity: L"_I Owner ❑ Authorized Agents Date Signature 4-07A,.._ 6 GArrifAt...- xa 4u7rn E. REASON FOR .ID REQUEST: (Check as many as applicable) ri I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. l intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority, I intend to construct/develop a project or 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. 1 intend to construct/develop a project or 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 tc, 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 laeallstate 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. Li 1 believe that the site may be comprised entirely of dry land. DOther: x } For NCDOT requests Following the current NCDOT{USACH pratocuis, skip to Part Ii_ ' If there are multiple parcels owned hy different parties, please provide the Following for each additional parcel on a continuation sheet. Most provide agent authorization form/leiter signed hy owner(s). Version_ May 2017 Page 3 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 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. Susan Alexander White Print Name Capacity: ❑ Owner fl Authorized Agent' 11/07/2020 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or 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 project or 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. n 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. n Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 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 lrerracon USACE/NCDWR Agent Authorization Form Property/Site: 1-77 Beltway Address of Site: Site access is located at 11300 Hambright Road and is located between Alexandriana Road to Hambright Road and west of Highway 77. Parcel Identification Number (PIN): See attached table. Owner Information: Name: Address: Susan Alexander White 3116 Woodgreen Dr. Raleigh N.C. 27607 Telephone Number: 919 946 2916 E-mail Address: susanwhitel4©gmail.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. Property Owner Signature: � u Zega Date: 11/07/2020 Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 P: 919-873-2211 F: 919-873-9555 terracon.com Environmental Facilities Geotechnical Materials lrerracon USACE/NCDWR Agent Authorization Form Property/Site: 1-77 Beltway Address of Site: Site access is located at 11300 Hambright Road and is located between Alexandriana Road to Hambright Road and west of Highway 77. Parcel Identification Number (PIN): See attached table. Owner Information: Name: Patricia A. Menges Address: 9724 Kincey Ave. Bldg 10 Apt 101 Huntersville NC 28078 Telephone Number: 704 502 2476 E-mail Address: pmenges5333cgmail.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Charlotte Office of the Asheville District, U.S. Army Corps of Engineers (Corps) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Terracon, as designated by the current property owner, is the authorized consultant to coordinate, schedule, and provide supplemental information to both agencies in support of this verification and/or permit application. Property Owner Signature: °'G Date: 11/06/2020 Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608 P: 919-873-2211 F: 919-873-9555 terracon.com Environmental Facilities Geotechnical Materials Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 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. Patricia A. Menges Print Name Capacity: ❑X Owner fl Authorized Agents 11/06/2020 Date pG .Mansrip Signature E. REASON FOR JD REQUEST: (Check as many as applicable) nI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or 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. nI intend to construct/develop a project or 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. nI 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. n 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. nI believe that the site may be comprised entirely of dry land. n Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 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 faun/letter signed by owner(s). Version: May 2017 Page 3 Part 6: NCSHPO Letter North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson June 11, 2021 Terri Russ Terracon 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 terri.russ@terracon.com Re: Construct industrial warehouses, 77 Beltway Property, Alexanderana Road & I-77, Charlotte, Mecklenburg County, ER 21-1110 Dear Ms. Russ: Thank you for your email of April 19, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy V State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Part 7: USACE JD Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02078 County: Mecklenburg U.S.G.S. Quad: NC- Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Strategic Capital Partners Jackson Hendricks 2054 Kildaire Farm Road Cary, NC 27518 704-773-8684 i acksonh(a,dcinsightllc.com 91 Nearest Town Huntersville Long Creek River Basin Santee 03050101 Coordinates Latitude: 35.374049 Longitude: -80.847449 Location description: The review area is located on the south side of Hambright Road; approximately 0.5 miles east of the intersection of Hambright Road and Mt. Holly-Huntersville Road. PINs: 01704210, 01704215, 01704207, 01704227, 01704208, 01704228, 01704225, 01704226, 01704220, 01704209, and 01704216. Reference review description shown in Jurisdictional Determination Request package entitled "Exhibit 2, USGS Topographic Map" and dated September 2020. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2020-02078 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-revnolds(a,u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 2/2/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 02/28/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN E 3385574 Corps Regulatory ryOficial: REYNOLDS.BRYAN.KENNETH.1263385574 Date. 7071020210•5514_„,n0' Date of JD: 2/2/2021 Expiration Date of JD: 12/29/2025 SAW-2020-02078 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: TerraCon Patrick Korn Address: 2701 Westport Road Charlotte, NC 28208 Telephone Number: 704-509-1777 E-mail: Patrick.korn(a,terracon.com APPEAL OPTIONS AND PROCESS AND FOR APPEAL NOTIFICATION OF ADMINISTRATIVE REQUEST Applicant: Hendricks Strategic Capital Partners Jackson File Number: SAW-2020-02078 Date: 2/2/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C x APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional or the I - The following identifies your rights and options information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx regarding an administrative appeal of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal • ACCEPT: If you received a Standard Permit, you may authorization. If you received a Letter of Permission (LOP), signature on the Standard Permit or acceptance of the rights to appeal the permit, including its terms and conditions, permit. • APPEAL: If you choose to decline the proffered permit you may appeal the declined permit under the Corps of this form and sending the form to the division engineer. of the date of this notice. the permit sign the permit document and return you may accept the LOP and LOP means that you accept the permit and approved jurisdictional (Standard or LOP) because of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days This form must be received by C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: ACCEPT: You do not need to notify the Corps to accept date of this notice, means that you accept the approved APPEAL: If you disagree with the approved JD, you Administrative Appeal Process by completing Section You may accept or appeal the approved JD or provide new an approved JD. Failure to notify the Corps within 60 days of the JD in its entirety, and waive all rights to appeal the approved JD. may appeal the approved JD under the Corps of Engineers II of this form and sending the form to the district engineer. This form of the date of this notice. must be received by the division engineer within 60 days E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, information that the review Corps may add new information the location of information that the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding also contact: Mr. Phillip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wihnington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 2/2/2021 ORM Number: SAW-2020-02078 Associated JDs: N/A Review Area Location': State/Territory: City: Huntersville County/Parish/Borough: Mecklenburg Center Coordinates of Review Area: Latitude 35.374049 Longitude -80.847449 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rational( ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). Cx� There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A N/A C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination Stream T1 1,670 linear feet (a)(2) Intermittent tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. The flow regime was verified during the Corps site visit on 01/07/21. Stream T2 93 linear feet (a)(2) Perennial tributary The flow regime was verified during the Corps site visit on 01/07/21. Map(s)/figure(s) are attached to the AJD provided to the requestor. 'If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 2 of 2 Forni Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream T4 (a-c) 382 linear feet (a)(2) Intermittent tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. The flow regime was verified during the Corps site visit on 01/07/21. Stream T5 (a-d) 922 linear feet (a)(2) Perennial tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. The flow regime was verified during the Corps site visit on 01/07/21. Stream T6 (a-b) 891 linear feet (a)(2) Intermittent tributary contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. The flow regime was verified during the Corps site visit on 01/07/21. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N/A N/A N/A. N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination Wetland W1 0.01 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W1 abuts perennial Stream T2 Wetland W2 0.22 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W2 abuts Streams T2 and T1 Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination Wetland W4 0.1 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W4 abuts intermittent Stream T4 Wetland W5 0.27 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W5 abuts intermittent Stream T4 Wetland W6 0.05 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W6 abuts intermittent Stream T4 Wetland W7 0.01 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W7 abuts perennial Stream T5 Wetland W8 0.06 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W8 abuts perennial Stream T5 Wetland W9 0.04 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W9 abuts perennial Stream T5 Wetland W10 0.22 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W10 abuts perennial Stream T5 Wetland W11 0.02 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W11 abuts intermittent Stream T1 Wetland W12 0.06 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W12 abuts intermittent Stream T1 Wetland W13 0.08 acre(s) (a)(4) Wetland abuts an (a)(1)- (a)(3) water. Wetland W13 abuts intermittent Stream T1 D. Excluded Waters or Features Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Stream T3 (a-b) 116 linear feet (b)(3) Ephemeral feature, including an ephemeral stream, swale, gully, rill, or pool. The flow regime was verified during the Corps site visit on 01/07/21. ' Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub- categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Wetland W3 0.706 acre(s) (b)(1) Non- adjacent wetland. Wetland W3 only connection to downstream jurisdictional waters in via an ephemeral channel (non -jurisdictional) III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Information submitted by, or on behalf of, the applicant/consultant: Exhibits 1-5 This information is sufficient for purposes of this AJD. Rationale: N/A ❑ Data sheets prepared by the Corps: 'tle(s) and/or date(s). ❑x Photographs: Aerial and Other: Exhibits 1, 1a-1b Depiction of Aquatic Resources (Dated September 2020) and Photographs 1-16 E Corps site visit(s) conducted on: 01/07/21 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ▪ Antecedent Precipitation Tool: provide detailed discussion in Section III.B. ▪ USDA NRCS Soil Survey: Exhibit 6, NRCS Soils (Web Soil Survey of Mecklenburg County) ▪ USFWS NWI maps: Exhibit 4, National Wetland Inventory (USFWS NWI Mapper) ▪ USGS topographic maps: Exhibit 2, USGS Topographic Map (7.5-minute quadrangle Cornelius and Derita, NC) Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sources N/A. Other Sources Exhibit 4, National Hydrography Dataset (Dated September 2020) and Exhibit 5, FEMA Flood Insurance Rate Maps (National Flood Hazard Layer) B. Typical year assessment(s): The consultant (i.e., Terracon) conducted a site visit on 09/23/20. The Antecedent Precipitation Tool (APT) was used for this date and determined the site was under drier than normal conditions. The Corps conducted a site visit on 01/07/21. The APT was used for this dated and determined the site was under wetter than normal conditions. C. Additional comments to support AJD: See Section II(D) Excluded Waters or Features for further analysis on Streams T3 (a-b) and Wetland W3. Page 2 of 2 Form Version 10 June 2020 updated Perennial / Intermittent Features Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Non -Wetland Waters Wetland Features T1: -1670 Linear Feet I -0.304 Acres T2: -93 Linear Feet I -0.004 Acres T4a: -190 Linear Feet I <0.022 Acre T4b: -128 Linear Feet I <0.015 Acre T4c: -64 Linear Feet I <0.007 Acre T5a: -679 Linear Feet I <0.007 Acre T5b: -26 Linear Feet' <0.007 Acre T5c: -72 Linear Feet I <0.007 Acre T5d: -145 Linear Feet I <0.007 Acre T6a: -656 Linear Feet I <0.007 Acre T6b: -235 Linear Feet' <0.007 Acre Wetland Waters 1:-0.01 Acres Wetland Waters 2:-0.22 Acres Wetland Waters 4:-0.10 Acres Wetland Waters 5:-0.27 Acres Wetland Waters 6:-0.05 Acres Wetland Waters 7: <0.01 Acres Wetland Waters 8: -0.06 Acres Wetland Waters 9: -0.04 Acres Wetland Waters 10: -0.22 Acres Wetland Waters 11: -0.02 Acres Wetland Waters 12: -0.06 Acres Wetland Waters 13: -0.08 Acres Excluded Features: Wetland Waters W3: - 1045 Linear Feet I -0.706 Acres Non -Wetland Waters T3a: -43 Linear Feet I <0.004 Acre Non -Wetland Waters T3b: -73 Linear Feet I <0.007 Acre Huntersville 23 Legend Q Site Boundary Non -Wetland Waters (Stream) ® Wetland Waters Excluded Features (Ephemeral Stream) — Excluded Features • Upland Data Point 0 Wetland Data Point Project No.: 71207484 Date: Jan 2021 Drawn By: CEW Reviewed By: JCW Feet 0 200 400 lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; Site Boundary Based on Mecklenburg County Parcel Data. DEPICTION OF AQUATIC RESOURCES Beltway 77 (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit la E:\Projects\71207484 177BeItLine\Maps\Aq uatic Featu res Perennial / Intermittent Features Non -Wetland Waters T1: -1670 Linear Feet I -0.304 Acres Non -Wetland Waters T2: -93 Linear Feet I -0.004 Acres Non -Wetland Waters T4a: -190 Linear Feet I <0.022 Acre Non -Wetland Waters T4b: -128 Linear Feet I <0.015 Acre Non -Wetland Waters T4c: -64 Linear Feet I <0.007 Acre Non -Wetland Waters T5a: -679 Linear Feet I <0.007 Acre Non -Wetland Waters T5b: -26 Linear Feet' <0.007 Acre Non -Wetland Waters T5c: -72 Linear Feet I <0.007 Acre Non -Wetland Waters T5d: -145 Linear Feet I <0.007 Acre Non -Wetland Waters T6a: -656 Linear Feet I <0.007 Acre Non -Wetland Waters T6b: -235 Linear Feet' <0.007 Acre Wetland Features Wetland Waters 1:-0.01 Acres Wetland Waters 2:-0.22 Acres Wetland Waters 4:-0.10 Acres Wetland Waters 5:-0.27Acres Wetland Waters 6:-0.05 Acres Wetland Waters 7: <0.01 Acres Wetland Waters 8: -0.06 Acres Wetland Waters 9: -0.04 Acres Wetland Waters 10: -0.22 Acres Wetland Waters 11: -0.02 Acres Wetland Waters 12: -0.06 Acres Wetland Waters 13: -0.08 Acres Excluded Features: Wetland Waters W3: - 1045 Linear Feet I -0.706 Acres Non -Wetland Waters T3a: -43 Linear Feet I <0.004 Acre Non -Wetland Waters T3b: -73 Linear Feet I <0.007 Acre Legend Q Site Boundary Non -Wetland Waters (Stream) ® Wetland Waters Excluded Features (Ephemeral Stream) — Excluded Features • Upland Data Point 0 Wetland Data Point Project No.: 71207484 Date: Jan 2021 Drawn By: CEW Reviewed By: JCW Feet 0 200 400 lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; Site Boundary Based on Mecklenburg County Parcel Data. DEPICTION OF AQUATIC RESOURCES Beltway 77 (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit 1b E:\Projects\71207484 177BeItLine\Maps\AquaticFeatures Da Part 8: Protected Species Report Threatened & Endangered Species Survey 77 Beltway NW Quadrant of Alexandriana Road and 1-77 Huntersville, Mecklenburg County, North Carolina March 9, 2021 Terracon Project No. 71207484 Prepared for: Strategic Capital Partners C/O: Development and Construction Insight, LLC Indianapolis, Indiana Prepared by: Terracon Consultants, Inc. Charlotte, North Carolina terra con.com lierracon Environmental Facilities ft Geotechnical 9 Materials lrerracon March 9, 2021 Strategic Capital Partners 280 E. 96th Street, Suite 250 Indianapolis, IN 46240 Attn: Mr. Jackson Hendricks C/O: Development and Construction Insight, LLC — Jackson Hendricks P: (704) 773-8684 E: JacksonH©DClnsightLLC.com RE: Threatened and Endangered Species Report 77 Beltway Project NW Quadrant of Alexandriana Road and 1-77 Huntersville, North Carolina Terracon Project No. 71207484 Dear Mr. Jackson: Terracon is pleased to submit the enclosed Threatened & Endangered Species Survey report for the above -referenced site. This assessment was performed in accordance with our Proposal No. 71207484 dated November 23, 2020. We appreciate the opportunity to be of service to you on this project. For more detailed information on all of Terracon's services please visit our website at www.terracon.com. If there are any questions regarding this report or if we may be of further assistance, please do not hesitate to contact us. Sincerely, Terracon Consultants, Inc. rTh Aeaver Project Scientist 41r— uoc' co, PWS rincipal/Environmental Department Manager arK atrick R. Korn, PWS Natural/Cultural Resources Group Manager Attachments FOR Terracon Consultants Inc. 2701 Westport Rd Charlotte, NC 28208-3608 P 704-509-1777 F 704-509-1888 terracon.com Environmental Facilities i Geotechnical r Materials TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Site Location 1 1.2 Existing Conditions 1 1.3 Proposed Project 2 2.0 RECORDS REVIEW 2 2.1 Federal Status Explanation 2 2.1.1 Candidate Species 2 2.1.2 Critical Habitat 3 2.2 Coordination with NCNHP 3 3.0 HABITAT ASSESSMENT 3 3.1 Riparian Forest 4 3.2 Upland Deciduous Forest 4 3.3 Upland Evergreen Forest 4 3.4 Field and Forest Margins 4 3.5 Petroleum Pipeline Right of Way (ROW) 5 3.6 Unnamed Tributaries of Dixon Branch 5 3.7 Other Waters 5 3.8 Pond 5 4.0 EFFECT DETERMINATIONS 6 4.1 Plants 6 4.2 Mammals 8 4.3 Mollusk 9 5.0 FINDINGS 9 6.0 CONCLUSIONS 10 7.0 General comments 10 8.0 references 10 APPENDICES APPENDIX A Exhibit 1 — Site Location Map Exhibit 2 — Topographic Map Exhibit 3 — United States Fish and Wildlife National Wetlands Inventory (NWI) Map Exhibit 4 — National Hydrogrpahy Dataset (NHD) Exhibit 5 — National Resources Conservation Service (NRCS) Web Soil Survey Map APPENDIX B Coordination with North Carolina Natural Heritage Program (NCNHP) USFWS Information for Planning and Conservation (IPaC) Report Mecklenburg County List of Federally Protected Species North Carolina Division of Water Quality Stream Identification Form APPENDIX C Site Photographs Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 1.0 INTRODUCTION The following report details methodology and an assessment of survey results for the threatened and endangered species survey completed on September 4, 2020 for the project site described below and depicted in Appendix A. This threatened and endangered species survey was conducted within the site boundaries and immediate vicinity of the site to determine the occurrence of, or potential for occurrence of animal and plant species recognized as threatened or endangered within the boundaries of the referenced site. Completion of this survey was directed by and complies with the Federal Endangered Species Act (ESA) of 1973. 1.1 Site Location The Site (Exhibit 1, 2) consists of multiple tax parcels totaling approximately 91.03 acres of agricultural and residential land located in the NW quadrant of Alexandriana Road and 1-77, Mecklenburg County, North Carolina. The Meckelburg County GIS website identifies the site as Parcel Nos. 01704207, 01704208, 01704209, 01704210, 01704215, 01704216, 01704225, 01704226, 01704227, 01704228, 01704220 in Huntersville, Mecklenburg County, North Carolina. The approximate center of the review area is located at 35.374049° latitude and -80.847449° longitude. The project site is located within the Southern Outer Piedmont (45b) level IV Ecoregion within the Piedmont level III Ecoregion of North Carolina. This region is made up of mostly irregular plains and has lower elevations, less relief, and less precipitation than the adjacent ecoregions. The soils are saprolitic and mostly red, clayey subsoils. The geology of the Outer Piedmont are mostly gneiss, schist, and granite with some metamorphic rocks and high amounts of saprolitic material. The potential natural vegetation of this ecoregion includes pasture and crop lands, abandoned fields and oak -hickory -pine forest consisting of mostly white, southern red, black, and scarlet oaks, Virginia and shortleaf pines; on more mesic sites, beech, tulip poplar, and red maple are present. 1.2 Existing Conditions The site consists of approximately 91.03 acres of agricultural fields, grassed areas, woods, and multiple residences and associated outbuildings. The site is accessed by multiple dirt and gravel roads from Alexandriana Road in the southern portion of the site and Hambright Road in the northern portion of the site. The site is bound to the east by Interstate Highway 77 and to the west by agricultural lands. An underground petroleum pipeline and associated Right -Of -Way (ROW) are located within the central portion of the site traversing from the western property boundary to the eastern property boundary. The site is located at Alexandriana Road Huntersville, Mecklenburg County, North Carolina. 1 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 1.3 Proposed Project The proposed project involves the development of an industrial warehouse facility and business park. Site improvements will consist of demolition of on -site residential structures and associated outbuildings, tree removal and grubbing, and earth moving activities associated with grade cutting, stormwater drainage infrastructures installation, and site leveling. This project will remain within the current foot print of development. 2.0 RECORDS REVIEW The following federally threatened, and endangered species are listed by the United States Fish and Wildlife Service (USFWS) North Carolina Ecological Services Field Office and as potentially occurring within the project boundaries based on the information obtained from the Information, Planning, and Conservation (IPaC) search engine. Table 1: USFWS IPaC Official Species List Group Plants Listed Species Schweinitz's Sunflower (Helianthus schweinitzii) Federal Status E E E T E Michaux's Sumac (Rhus michauxii) Smooth Coneflower (Echinacea laevigata) Mammal Northern long eared bat (Mysostis septentrionalis) Mollusk Carolina heelsplitter (Lasmigona decorate) Source: Information, Planning, and Conservation (IPaC) Consultation Code: 04EN1000-2021-SLI-0346) E = Endangered T = Threatened 2.1 Federal Status Explanation According to the ESA threatened species are those species "which are likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range". Species listed as endangered are considered to have a higher risk of extinction and are defined by the ESA as "any species which is in danger of extinction throughout all or a significant portion of its range". 2.1.1 Candidate Species According to the USFWS, Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species of Mecklenburg County, North Carolina (included in Appendix B), the Georgia aster (Symphyotrichum georgianum) is the only species in Mecklenburg County 2 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 which has been federally designated as a Candidate species (C). According the USFWS, Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species of Mecklenburg County, North Carolina (included in Appendix B) the Carolina Hemlock (Tsuga caroliniana) is the only species in Mecklenburg County which has been federally designated as an At -Risk Species (ARS). Candidates are species in which the USFWS has petitioned to list but are not currently federally protected and do not require Section 7 Consultation at this time. These species were not evaluated or discussed further in this survey report. In the event of a Candidate species (C) being federally listed, informal and/or formal consultation with USFWS may be required if the species, or suitable habitat occurs on the project site or vicinity. 2.1.2 Critical Habitat Terracon utilized the USFWS IPaC search engine to identify critical habitat that may occur on the site. According to IPaC (Consultation Code: 04EN1000-2021-SLI-0346), there are no critical habitats, national wildlife refuges, or fish hatcheries within the project boundaries. A copy of the USFWS IPaC Report is included in Appendix B. 2.2 Coordination with NCNHP Terracon contacted the North Carolina Natural Heritage Program (NCNHP) Office for technical assistance regarding documented occurrence of rare, threatened, or endangered species at the site or in the vicinity of the site. Based on the response provided by NCNHP, dated February 18, 2021, a query of the NCNHP database indicates that the Tall Larkspur (Delphinium exaltatum) was last observed in the 1800s, the Carolina Birdfoot-trefoil (Acmispon helleri) was last observed in August 2018, and the Alabama Grape -fern (Sceptridium jenmanii) was last observed on September 1936 within the 1-mile buffer area of the proposed project area. There are no records for important natural communities, natural areas, and/or conservation/managed areas within the boundaries of the proposed project area (Project Area reflects a 1-mile buffer around the project site) table provided by NCNHP, there are no recorded element occurrences within the project site boundaries. The letter issued by NCNHP (NCNHDE-14003) is attached in Appendix B. 3.0 HABITAT ASSESSMENT A field survey was conducted on February 19, 2021 by Mr. JC Weaver to identify potentially suitable habitat for federally threatened and endangered species protected by the ESA. During the field survey, plant communities and habitats were observed and noted to determine if they matched habitat types where the listed species have the potential to occur. The existing site conditions are depicted in Appendix A (Exhibits 1-5) and Appendix C (Site Photographs). The habitat classifications and associated descriptions are discussed below. 3 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 3.1 Riparian Forest Based on plant communities, portions of the site consist of plant species associated with riparian areas as identified during Terracon's site reconnaissance on February 19, 2021. The majority dominate tree species observed within the riparian areas were sweetgum (Liquidambar styraciflua), tulip (or yellow) popular (Liriodendron tulipifera), American sycamore (Platanus occidentalis), river birch (Betula nigra), and red maple (Acer rubrum). The dominant shrub and herb species observed was Chinese privet (Ligustrum sinense), spicebush (Lindera benzoin), elderberry (Sambucus canadensis), and Japanese stilt grass (Microstegium vimineum). Saplings were also observed but were not considered to be a dominant species. Japanese honeysuckle (Lonicera japonica) was the dominant woody vine observed in the riparian area. 3.2 Upland Deciduous Forest Based on plant communities, portions of the site consist of plant species associated with upland forests as identified during Terracon's site reconnaissance on February 19, 2021. The dominant tree species identified within the upland areas were sweetgum (Liquidambarstyraciflua), tulip (or yellow) popular (Liriodendron tulipifera), northern red oak (Quercus rubra), white oak (Quercus alba), hickory species (Carya spp.), and red maple (Acer rubrum). The dominant shrub and herb species observed was Chinese privet (Ligustrum sinense), thorny olive (Elaeagnus pungens), and wild ginger (Asarum arifolium). Japanese honeysuckle (Lonicera japonica) was the dominant woody vine observed within upland areas. 3.3 Upland Evergreen Forest Based on plant communities, portions of the site consist of plant species associated with upland evergreen forests as identified during Terracon's site reconnaissance on February 19, 2021. The dominant tree species identified within the upland areas were shortleaf pine (Pinus echinata), lobl000y pine (Pinus taeda), sweetgum (Liquidambar styraciflua), tulip (or yellow) popular (Liriodendron tulipifera), and red maple (Acer rubrum). The dominant shrub and herb species observed was Chinese privet (Ligustrum sinense), and thorny olive (Elaeagnus pungens). Japanese honeysuckle (Lonicera japonica) was the dominant woody vine observed within upland areas. 3.4 Field and Forest Margins Based on plant communities, portions of the site consist of plant species associated with transitions zones from agricultural fields to forests as identified during Terracon's site reconnaissance on February 19, 2021. The dominant tree species identified within the upland areas were shortleaf pine (Pinus echinata), lobl000y pine (Pinus taeda), sweetgum (Liquidambar styraciflua), tulip (or yellow) popular (Liriodendron tulipifera), and red maple (Acer rubrum). The dominant shrub and herb species observed was Chinese privet (Ligustrum sinense), thorny olive (Elaeagnus pungens), Japanese stilt grass (Microstegium vimineum), Sericea lespedeza (Lespedeza cuneate), golden rod (Solidago spp.), asters (Asteraceae), grass species (Poa and Festuca), Johnson grass (Sorghum halepense), Dallis grass (Paspalum dilatatum), pokeweed (Phytolacca americana), bears foot (Smallanthus uvedalius), Indian grass (Sorghastrum nutan), 4 Responsive • Resourceful • Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 bur -marigold (Bidens aristosa), and blackberry (Rubus spp.). Japanese honeysuckle (Lonicera japonica) was the dominant woody vine observed within upland areas. 3.5 Petroleum Pipeline Right of Way (ROW) Based on plant communities, portions of the site consist of plant species associated with a maintained petroleum pipeline ROWs as identified during Terracon's site reconnaissance on Februaruy 19, 2021. No majority dominate tree or shrub species was observed within the ROW areas. The dominant identifiable herb species observed was Japanese stilt grass (Microstegium vimineum), Sericea lespedeza (Lespedeza cuneate), golden rod (Solidago spp.), asters (Asteraceae), grass species (Poa and Festuca), Johnson grass (Sorghum halepense), Dallis grass (Paspalum dilatatum), pokeweed (Phytolacca americana), bears foot (Smallanthus uvedalius), Indian grass (Sorghastrum nutan), bur -marigold (Bidens aristosa), and blackberry (Rubus spp.). Removal of flower and seed heads by recent mowing activities made identification to species level problematic. Saplings were also observed but were not considered to be a dominant species. The dominant identifiable vine species observed was Japanese honeysuckle (Lonicera japonica). 3.6 Unnamed Tributaries of Dixon Branch Terracon identified four unnamed tributaries to Dixon Branch during the site reconnaissance on February 19, 2021. These streams exhibited geomorphic features such as a strong bed and bank, riffle and pool sequences, grade controls, and a base flow draining the topographically higher areas of the site and eventually flowing into Dixon Branch. Terracon gauged the stream using the Methodology for Identification on Intermittent and Perennial Streams and Their Origins prepared by the North Carolina Division of Water Quality to characterize the streams. 3.7 Other Waters Terracon observed two ephemeral stream channels that serve as drainage features for upland portions of the site. These ephemeral stream complex demonstrated a visible physical connection between the pond and the down gradient and off -site stream, but lacked sufficient geomorphological, hydrological, and biological criteria to be graded as an intermittent or perennial stream. Due to the lack of hydric soils, these channels also lacked the necessary soil criteria to be defined as a wetland. 3.8 Pond Terracon identified a pond within the central portion of the property during the site reconnaissance on February 19, 2021. A portion of the earthen dam had been breached allowing for only partial filling of the pond basin. The pond was located within a natural topographic crenulation and appeared to be spring fed. This pond had a direct physical surface connection to an unnamed tributary to Dixon Branch. 5 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 4.0 EFFECT DETERMINATIONS The following determinations were made for each species, based on the likelihood of that species occurring on the site, or being impacted by development of the site. These effect determinations are listed in order of priority from lowest to highest and are based on USFWS standard language implemented for Section 7 Consultation. ■ "No effect" — will not affect listed species ■ "Not likely to adversely affect" - effects are expected to be completely beneficial, discountable or insignificant ■ "Likely to adversely affect" - adverse effects to listed species may occur The following is a brief description of the federally listed threatened species located on the IPaC Official Species List for the site. The site was surveyed for this species and its recognized habitat. Comments are provided regarding results of the onsite survey with regard to habitat and occurrence. 4.1 Plants Schweinitz's Sunflower (Helianthus schweinitzii) (E) Schweinitz's sunflower is an herbaceous perennial in the Aster family. It grows to a height of 6- 16 feet. Leaves are arranged in pairs that typically attach at 45-degree angle to the plant stem. The leaves are thick and stiff with the upper surface coarse and rough and the underside having soft white hairs. Flowers are composed of disk and ray floral structures produced in small yellow clumps and blooming in August to October. Fruits consist of a dry single seed in a hard shell that readily germinates without a dormmate period. The roots contain fleshy tubers that, reportedly, was consumed by native peoples. Schweinitz's sunflower inhabits areas with sunny environmental transition zones typically found in forest edges, road and powerline right of ways, and generally sunny, periodically disturbed areas. Schweinitz's sunflower inhabits soils of various types and on shallow, clayey soils that may contain slaty rock fragments, based on description provided in the species recovery plan, soil mapping units where this species has been found include Iredell, Enon, Badin, Cecil, Misenheimer, Gaston, and Zion mapping units, but this species may also occur in areas mapped as Tatum, Cid, Secrest, Georgeville, Mecklenburg, and Uwharrie. On February 19, 2021 Terracon evaluated the site for the presence of suitable habitat capable of supporting the Schweinitz's sunflower. Terracon did determine that historic suitable habitat existed within the margins of the forested and agricultural margins for the Schweinitz's sunflower due to the open canopy and disturbed nature of these margins and within the petroleum pipeline ROW. However, due to the historic and current use of herbicides, periodic logging, and historical land use practices, and the lack of a documented sunflower population within a one - mile radius of the site and the on -site soil types, Terracon determined that suitable habitat does not exist within these areas. 6 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 Please note that the United States Fish and Wildlife Service (USFWS) considers the optimal survey window for Schweinitz's sunflower as late August — October. The final decision on suitability of habitat, potential avoidance measures, and/or need for in -season surveys rests with the USFWS. Terracon's professional opinion is that a "No Effect" determination is appropriate for this species based on the lack of suitable habitat. Michaux's Sumac (Rhus michauxii) (E) Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet in height. Flowering usually occurs from June to July, the flowers are small, greenish yellow to white, and grow in erect dense clusters. Fruit is produced from August to October and is a red drupe. Michaux's sumac is found growing in sandy or rocky open woods, in association with basic soils. This plant survives best in areas where some form of disturbance has provided an open area, such as right of ways. Michaux's sumac is endemic to the coastal plain and piedmont of Virginia, North Carolina, South Carolina, Georgia, and Florida. The largest population known is located at Fort Pickett in Virginia, but the populations are located in the North Carolina piedmont and sandhills. Currently, the plant is extant in the following North Carolina counties: Cumberland, Davie, Durham, Franklin, Hoke, Mecklenburg, Moore, Nash, Richmond, Robeson, Scotland and Wake. Terracon surveyed the site February 19, 2021 and did not observe the species or evidence of the species. Terracon did determine that historic suitable habitat existed within the margins of the forested and agricultural margins for the Michaux's sumac due to the open canopy and disturbed nature of these margins and within the petroleum pipeline ROW. However, due to the historic and current use of herbicides, periodic logging, and historical land use practices, and the lack of a documented Michaux's sumac population within a one -mile radius of the site and the on - site soil types, Terracon determined that suitable habitat does not exist within these areas. Terracon's professional opinion is that a "No Effect" determination is appropriate for this species based on the lack of suitable habitat. Smooth Coneflower (Echinacea laevigata) (E) Smooth coneflower is a perennial herb in the Aster family that grows up to 3.3 feet tall. The large elliptical leaves are smooth to slightly rough in texture, may reach 8 inches in length and 3 inches in width, and taper into long petioles toward the base. Flowering occurs from late May through mid -July. The flower heads are usually solitary. The petals of the flower are light pink to purplish, usually drooping, and 2 to 3 inches long. Fruit develops from late June to September. Habitat for smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line right of ways, and usually on magnesium and calcium rich soils associated with gabbro and diabase in North Carolina. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large herbivores, historically influenced the vegetation in this species' range. Many of the herbs associated with Smooth coneflower are also sun -loving species that depend on periodic 7 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 disturbances to reduce the shade and competition of woody plants. Terracon surveyed the site February 19, 2021 and did not observe the species or evidence of the species. Terracon did determine that historic suitable habitat existed within the margins of the forested and agricultural margins for the Smooth coneflower due to the open canopy and disturbed nature of these margins and within the petroleum pipeline ROW. However, due to the historic and current use of herbicides, periodic logging, and historical land use practices, and the lack of a documented Smooth coneflower population within a one -mile radius of the site and the on -site soil types, Terracon determined that suitable habitat does not exist within these areas. Terracon's professional opinion is that a "No Effect" determination is appropriate for this species based on the lack of suitable habitat. 4.2 Mammals Northern Long-eared Bat (Myotis septentrionalis) (T) The NLEB has a body length of 3 to 3.7 inches and wingspan of 9 to 10 inches. It is considered to be a medium sized bat compared to other bat species. Their fur is medium to dark brown on the back and tawny to pale brown on the underside. It is distinguishable by its long ears. During the summer, NLEBs roost singly or in colonies underneath bark, in cavities or crevices of both live and dead trees. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. In the winder, the NLEB hibernates in caves and mines, they use areas with constant temperatures, high humidity, and no air currents. The active season for the Northern Long-eared Bat is from April 1 to October 31. Terracon surveyed the site February 19, 2021 and did not observe the species or any evidence of the species such as guano or staining. According to data provided by the USFWS Asheville Ecological Services Field Office, confirmed hibernation and maternity sites for this species have not been observed in Mecklenburg County. Terracon did not observe the NLEB on the site and no known hibernacula were identified in the vicinity of the site based on review of the IPaC and the technical assistance provided by NCNHP and the USFWS Asheville Ecological Services Field Office. Please note that potential roost trees (summer habitat) were observed within the riparian forest portions of the site. In accordance with the Key to the Northern Long -Eared Bat 4(d) Rule for Federal Actions that May Affect Northern Long -Eared Bats, tree removal activities is not prohibited unless it results from removing a known occupied maternity roost tree or from tree removal activities within 150 feet of a known occupied maternity roost tree from June 1 through July 31 or results from tree removal activities within 0.25 mile of a hibernaculum at any time. As a result, the Northern Long -Eared Bat 4(d) Rule may be applied. Therefore, if the site contains suitable summer habitat for the northern long eared bat but is not located within 150 feet from a known roost tree, the project has met the criteria for the 4(d) rule. 8 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 Terracon's professional opinion is that the project is Exempt per the 4(d) Rule. 4.3 Mollusk Carolina heelsplitter (Lasmigona decorate) (E) The Carolina heelsplitter has an egg -shaped shell, the outer surface of the shell varies from greenish brown to dark brown. The nacre (inside surface) is often pearly white to blusih white and grades to orange in the deepest part of the shell. The largest known specimen measures 4.6 inches in length. Critical habitat for the Carolina heelsplitter requires cool, clean, well oxygenated water, and a stable, silt free stream bottom. Typically, stable areas occur where the stream banks are well -vegetated with trees and shrubs. The Carolina heelsplitter has a fragmented distribution and historically has been known to exist only in several locations within the Catawba and Pee Dee River systems in North Carolina and Catawba, Pee Dee and Savannah River systems in South Carolina. Recent collection efforts indicate that the Carolina heelsplitter has been extinguished from the majority of its historic range and only eleven small populations are known to exist. According to the Carolina heelsplitter 5-year Review, published by USFWS, in the Catawba River system, the population has been identified in Waxhaw Creek, Sixmile Creek, Gills Creek/Cane Creek, Fishing Creek/South Fork, and Bull Run Creek. Terracon surveyed the site February 19, 2021 and did not observe the species or evidence of the species but did observe the required habitat. Terracon observed a perennial stream within the central portion of the site. Terracon determined that suitable habitat was marginal for the Carolina heelsplitter due to lack of fast -flowing well oxygenated water, the presence of turbid water, pollution from urban stormwater runoff, and the lack of a stable, silt free stream bottom and large channels favored by the Carolina heelsplitter. The final decision on suitability of habitat, potential avoidance measures, and/or need for surveys rests with the USFWS. Terracon's professional opinion is that a "No Effect" determination is appropriate for this species based on the lack of suitable habitat. 5.0 FINDINGS 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 vicinity of the proposed project. A query of the IPaC Official Species List indicates there are records for threatened and endangered species that have potential habitat within the vicinity of proposed project location as identified by the USFWS North Carolina Ecological Services Field Office and as potentially occurring within the project boundaries based on the information obtained from the IPaC search 9 Responsive ■ Resourceful ■ Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 engine. Those species include Schweinitz's Sunflower, Michaux's Sumac, smooth coneflower, northern long eared bat, and the Carolina Heelsplitter. 6.0 CONCLUSIONS It is Terracon's opinion that the proposed project will have no effect on the federally threatened and endangered species documented in the IPaC Official Species List. This opinion is based on the specific habitat, breeding or dietary requirements, site's proximity to natural areas, the lack of required or preferred species habitat, the historical land use for the project site, and Terracon's observations during the field visit on February 19, 2021 7.0 GENERAL COMMENTS This survey was performed in accordance with generally accepted practices of this profession undertaken in similar studies at the same time and in the same geographical area. This report is for the exclusive use of the client for the project being discussed. No warranties, either expressed or implied, are intended or made. It should be noted that USFWS has specific survey windows and time periods established for surveys of listed species. The findings of this survey are constrained by the project schedule, which may not coincide with the applicable survey windows. USFWS may require species to be reevaluated within the established surveys windows. In conducting the limited scope of services described herein, certain sources of information and public records were reviewed. No biological assessment can wholly eliminate uncertainty regarding the potential for concerns in connection with a project. 8.0 REFERENCES U.S. Fish and Wildlife, Southeast Region, Threatened and Endangered Species Website, https://www.fws.gov/southeast/pdf/fact-sheet/schwein itzs-sunflower.pdf Flora of the Southern and Mid -Atlantic States, 2019 http://herbarium.unc.edu/flora.htm USDA, Plants Database; https://plants.sc.egov.usda.gov/java/ Native Plants of the Carolinas and Georgia website, http://www.namethatplant.net/ U.S. Fish and Wildlife, Southeast Region, Threatened and Endangered Species Website https://www.fws.gov/midwest/endangered/mammals/nleb/ 10 Responsive • Resourceful • Reliable Threatened & Endangered Species Survey 77 Beltway Huntersville, North Carolina March 9, 2021 Terracon Project No. 71207484 U.S. Fish and Wildlife, Southeast Region, Threatened and Endangered Species Website https://www.fws.gov/southeast/wildlife/mussels/caroling-heelsplitter/ 11 Responsive ■ Resourceful ■ Reliable APPENDIX A ■ Exhibit 1 — Site Location Map ■ Exhibit 2 — Topographic Map ■ Exhibit 3 — USFWS NWI Map ■ Exhibit 4 — NHD Map ■ Exhibit 5 — NRCS Web Soil Survey Map Legend Site Boundary Project No.: 71207484 Date: Feb 2021 Drawn By: KT Reviewed By: JCW 0 350 700 lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com Feet 1,400 DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; Site Boundary Based on Mecklenburg County Parcel Data. SITE LOCATION Beltway 77 (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit 1 pxw-odol\sdew awilloSLLI\allolle40\OZOZ\SIJ\ 0 „I . .,,e,.. , ., ,p,.•,,..,,,Lr.... r,,,., :!../. ,, c ofitto, 1,:s. .4-% - , c, 0 A ti � . -, ark' =.:fir �..--: �f -_' �' :, ,. 3RI, i-cubed seamless Derita, NC); Site anty Parcel Data. .., z2 x fir"-" f T T1y y-^�r'^ -Wickso e. i ce' -34, M1 1 Lt ,sue • +�' rr—% J .,, • .A4' -�` rr/1 N ,, c-; , .. ‘.......\.. ). t. ,,, u ��� � -- '�• is ;'„f•+ x- Feet DATA SOURCES: 4,000 2011 National Geographic Society USGS quadrangles (Corneilus Boundary Based on Mecklenburg ( USGS Topographic Map I- 77 Beltway (35.374049, -80.847449) Huntersville, Mecklenburg County, NC ko,r�UE+ll ,x +r o d01•0O � -� _ . � ! ~ F. c� ON U o vt, )'\—' Milli' ' 4 ate. i , R, .....ir :_____„_____./.,.. ,. ___....,.----_____:: . i'^ _ • I. -. 0 0 0 . _ l I .. ' ) )4; .-,..f..(L.-,-- ..v -. r� - 0 as lTerra 2701 Westport Road 1 � • R1 _r//J a% . + y%1. y� P ‘, . AL ty • Legend Site Bour Project No.: 71207484 Date: Feb 2021 Drawn By: CEW Reviewed By: JCW a _ o• 4pgJ 1.r] 1 - - d .....--...•••, ‘ . • • a� 7�•••• U• 7 "eMS," b r. .. ' r • ��" •••• Q n.¢ '� w ,1 r f s ai amesa „ �ai•n----..!r : -k f iL'\ • Z t d .: - -�`;i --- • -•f - -e, y l r r i if ,�-.!:! Z Huuiteisviiie 23 Legend QSite Boundary I I Freshwater Forested/Shrub Wetland (PFO1A) IM Freshwater Pond (PUBHh) Project No.: 71207484 Date: Feb 2021 Drawn By: CEW Reviewed By: JCW I I Riverine (R4SBC) Riverine (R4SBCx) lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; FWS National Wetlands Inventory Data Set. Site Boundary Based on Mecklenburg County Parcel Data. National Wetlands Inventory (NWI) I- 77 Beltway (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit 3 Legend Q Site Boundary — NHD Flowline Project No.: 71207484 Date: Feb 2021 Drawn By: CEW Reviewed By: JCW 0 350 700 lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com Feet 1,400 DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; National Hydrography Dataset, U.S. Geological Survey with the EPA; Site Boundary Based on Mecklenburg County Parcel Data. National Hydrograpahy Dataset (NHD) I- 77 Beltway (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit laps\NHD.rrixd 4 Soil Mapping Units Cecil sandy clay loam, 2-8% slopes, moderately eroded HeB Helena sandy loam, 2-8% slopes MO Monacan loam, 0-2% slopes, frequently flooded VaB Vance sandy loam, 2-8% slopes VaD Vance sandy loam, 8-15% slopes HuntersvlIik: Legend Site Boundary = Soil Boundaries Project No.: 71207484 Date: Feb 2021 Drawn By: CEW Reviewed By: JCW 0 350 700 lrerracon 2701 Westport Road Charlotte, NC 28208 PH. (704) 509-1777 terracon.com Feet 1,400 DATA SOURCES: Latest High -Resolution NC Statewide Orthoimagery, NC 6 OneMap Server; NRCS digital Soil Survey of Mecklenburg .o County, 2019.Site Boundary Based on Mecklenburg County 'P Parcel Data. NRCS Soils I- 77 Beltway (35.374049, -80.847449) Huntersville, Mecklenburg County, NC Exhibit 5 APPENDIX B ■ Coordination with NCNHP ■ USFWS IPaC Report ■ Mecklenburg County List of Federally Protected Species ■ USFWS Self Certification Letter for the NLEB ■ North Carolina Division of Water Quality Stream Identification Form 1 ■E■w NC DEPARTMENT OF ■ ■: Ns NATURAL AND CULTURAL RESOURCES ■ ■ 11 February 18, 2021 Katie Talavera Terracon Inc. 2401 Brentwood Road, Suite 107 Raleigh, NC 27603 RE: 177; 71207484 Dear Katie Talavera: Roy Cooper, Governor D. Reid Wilson, Secretary Walter Clark Director, Division of Land and Water Stewardship NCNHDE-14003 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: https://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 Rodney A. Butler at rodney.butlerca ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES J 121 W..JONES STREET k11LER.,H, NC 27603 - 16 1 MAIL SCILVJGE CENTER. RALEIGH. W- 2769.9 OFC 9J9.7079120 • FAX < D.7O7.7121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area 177 Project No. 71207484 February 18, 2021 NCNHDE-14003 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Nam Last Observation Date Element Accuracy Occurrence Rank Federal Status State Status Global State Rank Rank Vascular Plant 28787 Acmispon helleri Carolina Birdfoot- 2010-08-24 trefoil Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s E 2-High H i? 5-Very Low Special Concern Vulnerable Endangered G5T3 S3 G3 S2 Vascular Plant 33285 Sceptridium jenmanii Alabama Grape -fern 1936-09 H 5-Very Low Special Concern Vulnerable G3G4 S2 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Area Name Owner Mecklenburg County Open Space Mecklenburg County Open Space Mecklenburg County Mecklenburg County Local Government Local Government Mecklenburg County Open Space - Dixon Branch Greenway Mecklenburg County Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State Town of Huntersville Open Space Town of Huntersville Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 18, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 February 18, 2021 Q Project Boundary Buffered Project Boundary Managed Area (MAREA) NCNHDE-14003: 177 Page 3 of 3 1:26,930 0 0.225 0.45 0 0.35 0.7 0.9 mi 11 1.4 km Sources: Fan, HERE. Carrrrn, Intemtap, increment P Corp. CEBCO. USCS, FAO, NPS, NRCAN, OeoBase, ION. Kedaster NI_ Ordnance Survey Esn Japan, 1 ETI, Esri China IHong Kong), ioi CpenStreeIMap contributors, and the CIS User Coremunity United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-0346 Event Code: 04EN1000-2021-E-00784 Project Name: 77 Beltway February 18, 2021 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 attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project review/Recommendations.html • Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html • Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html • Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. 02/18/2021 Event Code: 04EN1000-2021-E-00784 2 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. 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 is required for construction projects (or other undertakings having similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that 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. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see hops://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers. htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. 02/18/2021 Event Code: 04EN1000-2021-E-00784 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 02/18/2021 Event Code: 04EN1000-2021-E-00784 1 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 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 Asheville, NC 28801-1082 (828) 258-3939 02/18/2021 Event Code: 04EN1000-2021-E-00784 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0346 Event Code: 04EN1000-2021-E-00784 Project Name: 77 Beltway Project Type: LAND - CLEARING Project Description: Development of warehouse industrial park. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.371239849999995,-80.84838017969011,14z Counties: Mecklenburg County, North Carolina 02/18/2021 Event Code: 04EN1000-2021-E-00784 3 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. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, 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. 1. 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. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Clams NAME STATUS Threatened STATUS Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME Endangered STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3473 Endangered Endangered Endangered 02/18/2021 Event Code: 04EN1000-2021-E-00784 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/18/2021 Event Code: 04EN1000-2021-E-00784 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. 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 below. 1. The Migratory Birds Treaty 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) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Golden Eagle Aquila chrysaetos This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 BREEDING SEASON Breeds May 1 to Aug 20 Breeds elsewhere 02/18/2021 Event Code: 04EN1000-2021-E-00784 2 NAME Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 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 and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 02/18/2021 Event Code: 04EN1000-2021-E-00784 3 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. • probability of presence breeding season 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eastern Whip -poor- ""'1`1 iiii iii BCC Rangewide (CON) Golden Eagle Non -BCC Vulnerable Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) + ++ 1 1 1 1 1 1 I +1 ++++ ++++ ++++ ++++ ++++ ++++ + +++ ++++ ++++ +++. "" +++ ++++ ��MM + +++ ++++ ++++ 1++1 1 1 1 1 1 1 1 1 1111 + +++ ++++ ++++ ++++ ++++ ++++ ++++ + +++ ++++ + +++ ++++ + +++ ++++ ++++ + +++ ++++ + +++ ++++ 02/18/2021 Event Code: 04EN1000-2021-E-00784 4 Rusty Blackbird BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) ++++ +I++ ++++ ++++ ++++ ++++ ++++ +-I 11 I I I I I I I F +1111111111111 d + +++ ++++ +++1 ++++ ++++ + +++ ++++ 1+4 1 i i i l 1 1 1 1 ■ ■1 Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. 02/18/2021 Event Code: 04EN1000-2021-E-00784 5 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 02/18/2021 Event Code: 04EN1000-2021-E-00784 6 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 02/18/2021 Event Code: 04EN1000-2021-E-00784 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. FRESHWATER FORESTED/SHRUB WETLAND • PFO1A RIVERINE • R4SBC • R5UBH 2/18/2021 Mecklenburg County Endangered Species, Threatened Species, and Candidate Species Endangered Species, Threatened Species, and Candidate Species, Mecklenburg County, North Carolina Updated: 07-17-2020 Common Name Vertebrate: Bald eagle Northern long-eared bat Invertebrate: Carolina heelsplitter Rusty -patched bumble bee Vascular Plant: Carolina Hemlock Georgia aster Michaux's sumac Schweinitz's sunflower Smooth coneflower Nonvascular Plant: Lichen: Scientific name Haliaeetus leucocephalus Myotis septentrionalis Lasmigona decorata Bombus affinis Isuga caroliniana Symphyotrichum georgianum Rhus michauxii Helianthus schweinitzii Echinacea laevigata Federal Record Status Status BGPA T E E ARS C E E E Current Probable/Potential Current Historical Historical Current Current Current Current Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "Cl" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 1 /2 2/18/2021 Mecklenburg County Endangered Species, Threatened Species, and Candidate Species nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - Based on NC Natural Heritage Program information, this taxon is considered to be extant in the county. Historical - Based on NC Natural Heritage Program information, this taxon is considered to be historical in the county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or have not been surveyed recently enough to be confident they are still present. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2/2 NC DWQ Stream Identification Form Version 4.11 Streams T: 1 and 5 Date: 2/19/2021 Projectlsite: 1-77 Beltway Latitude: 35.372168 Evaluator: JC Weaver County: Mecklenburg Longitude: -80.84661 Total Points: Stream is at least intermittent 32 if >_ 19 or perennial if >_ 30` Stream Determination (circle one Ephemeral Intermittent Perennia Other Cornelius and Derita e.g. Quad Name: A. Geomorphology (Subtotal = 17.5) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 O 2. Sinuosity of channel along thalweg 0 1 2 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 2 3 5. Active/relict floodplain 0 1 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts O 1 3 9. Grade control 0 0.5 J 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 8.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litterSc 0.5 0 15. Sediment on plants or debris MI 1 1.5 16. Organic debris lines or piles 0 a 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C 3 C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) M 1 2 3 21. Aquatic Mollusks 21. Aquatic Mollusks 1 1 2 2 319. 3 22. Fish 0 MO 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other 00 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 Streams T: 4 and 6 Date: 2/19/2021 Projectlsite: 1-77 Beltway Latitude: 35.372168 Evaluator: JC Weaver County: Mecklenburg Longitude: -80.84661 Total Points: Stream is at least intermittent 27.5 if>_ 19 or perennial if>_ 30` Stream Deter 'I • '•n (circle one) Ephemeral 1� Perennial P other Cornelius and Derita e.g. Quad Name: A. Geomorphology (Subtotal = 12.5) Absent Weak Mod -rate Strong la. Continuity of channel bed and bank 0 1 Ell 3 2. Sinuosity of channel along thalweg 0 1 MIP3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 © 3 4. Particle size of stream substrate 0 11 2 3 5. Active/relict floodplain g 1 3 6. Depositional bars or benches 2 � 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 3 9. Grade control 0 0. 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No ko Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 4.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0.5 1 1.5 16. Organic debris lines or piles 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C''J C. Biology (Subtotal = 5.5 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0 5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other 00 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Version 4.11 Streams T: 2 and 3 Date: 2/19/2021 Project/site: 1-77 Beltway Latitude: 35.372168 Evaluator: JC Weaver County: Mecklenburg Longitude: -80.84661 Total Points: Stream is at least intermittent 15 if >_ 19 or perennial if >_ 30` Str etermination (circle one) phemera Intermittent Perennial other Cornelius and Derita e.g. Quad Name: A. Geomorphology (Subtotal = 5 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank Clr) 2 3 2. Sinuosity of channel along thalweg 0 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 11 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 1 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 e 2 3 8. Headcuts 0 A 2 3 9. Grade control 0 m 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel No 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 5 ) 12. Presence of Baseflow 0 l 1 ) 2 3 13. Iron oxidizing bacteria O 1 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0.5 1 1.5 16. Organic debris lines or piles 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes C''J C. Biology (Subtotal = 5 ) 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 23 1 0 20. Macrobenthos (note diversity and abundance) A 1 2 3 21. Aquatic Mollusks a 1 2 3 22. Fish Vi 0 5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other 00 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: APPENDIX C ■ Ground Photographs Project No. 71207484 rLPfaCO11 Consulting Enpineera S.Srierrusls • , :: , lr, ! Jf 1 '' iyim ft�n 4 \` - } )-- r. .P IYRI'�,J -ly• i,, 9 6 I' ,17, �� �f }�, `�irY� L ,g- i y ,; r �� " fvn' �e J lL Yi l ',n �-� '� � , �" 1 I x 1 srr. � z JF 17Fr��R@y p } 7 �.• *A ,a Al 4 �' 3� I��" As _ i _ F, ( Ya3 z , y� ;; •, � .P. 1 mil`',.. !gip i„ ,i t ?ma`s �. ''P'"IS ' N j/ -an T, `:,t ",' 1 ;;;',#.7., ,�i Y L L r� 4 C ' J 111 a- J' —-�``y, \ Syr /l �`ie."ti �; _ _ - xv 4. - Photograph 1 : View of agricultural field and upland forest margin, northern portion of the •site, facing northeast. , p 'ter, � � l tli '0, Vi7,-;,--,-—'':-......-474k '.1Veit.).‘ Ati i li'l d 1, , .i'.,;74...,:;',,,---.1!",-16i., , ,- .- —_ ,,,,, , .1's qo - , - I aHY 1/4'_v tom,',, --- ,,\,„:4.,. _, -,-,,,Iii,, , AI, ,,,,„„..,,,i, Ire.. .z., ,,, _,-.:,_5?--- , . - �or�r P . Y� _---J �S "s'ctti l[ •' t I AL * i '4� fi Jf 1. 11 •- w�-, Photograph 2: View of agricultural field and upland forest margin, central portion of the site, facing north. 77 Beltway Project No. 71207484 rLPfaC011 Consulting Enpineera S.Sriensis,e Y ( '' 1 l' 3j, � 1 , 'sP,(_._. ifr .Y ( we • s i'.+i �' y y F+a k y~''`s. }r „,;4„r�ry.s. ..- r�({, ft 1V Kr T� y-- ...,.."-„,4.,....--,- .r ..k 7C,or', s i:; e$'fh' f ,,I.` , 4w yr i s=Ji61 741. _ , M` fa elf 4 1r ��. t N� y! `�J 4�,-�� a q�. , `�1t4♦ < �� �i�#``' � fir- i 4- A?_'' '�.N y,'l"�', L •°+ y[r l` -y,7nit:h �1� sky ' V k'11. "'t'- k ', a 7 { \ h. • r 1 •;: ', ,h ,� W 0,tt, 4 ,h• .k. „144 � 1,.. a•y=/ `° l ,' T r" ' �t i l'r11 5�, ' �s•. -.. . . :f .. .. a"JF'Ab.- f o i'' is , , '-.. l e `liS. t +4t ` -,'�i'G ,. -T 7'!? ,11 a Yp Y C 1+-! 14 R' P� J L'4,4 $A* :' yy'i•'� 'T I "' I t 4 r., l,66 �'-• V � \. - E. Photograph 3: View of petroleum pipeline ROW and portions of the riparian forest, central portion of the site, facing west. y . f it i ► ' g4. ' ;1.1 i,'t• 9r ve • • J i t 6+ -'fi y a `�,f .4 ti1 'f l� i l _ r Ewa ' - .-• ,Ve"'-.A:0 1;'\,.1.',..--s, ,.0 r- 2 y .- `f''_irk .c.:k t1, �r l`5. ^r,.x `41'i �q— y�r \ —_ r� ~. r -"i- s t e,o.. 2 �. it r:gs, ' a l A .tee .a. "n' r d y ! p • • e 1. C - . � �' y�,'� 't �t Y�w t i y b � 6 �ay ✓ A- rF ° (SC .4! # R •: • --.0!} . • ,,,xtie ..,..7" t • . . --------tit—„ -s- :,:„:71,-,„,-"" -&.,,./.'. i. -)I-.:, „--"0:7;$- t.q-.);1; ..,".---/;";,:r,Y;t- ",:".-e 19 r # r �' . mow. Photograph 4: View of unnamed tributary of Dixon Branch and petroleum pipeline ROW, central portion of the site, facing east. 77 Beltway Project No. 71207484 lrerracon Consulting Engineers A Scientists It Y i -\ - j Sf �tl '� �, if�z �� ! __���Y .4 / F Y•# Et j. 1I 41%, ,I 0, 4r:1 1r,it !IA '9 , _ �°• :t 1 ..ma's ? ...x- ;' fi r ����® � _ � was o� x` y, . ,. .�. --.s.ems' '�.�'t � ,.f - elf Y I�pi=if .t# Am s. x , 1- ;says a� l:. `- s 4 ` y+._ "'I.`Amor irk -� 1 a t gig : Photograph 5: View of location of petroleum pipeline stream crossing at unnamed tributary of Dixon Branch, within the central portion of the site, facing east. - :Y*\ x I" as 4 { �a r" o- rt 14.. ; t s: ,/w 4 .., . `,-,-- , s��I g i• i+s_l_�, •,.1$ , IS`�y. '', ' °i . 'tom"y +n 1f, '.Y.1 A ._ �.,_ +'}1 is - .._x.=-+l f Photograph 2: View of a portion of the spring fed pond within the central portion of the site, facing northeast. 77 Beltway Project No. 71207484 rLPfaCO11 . t -.0 44 . A Li. ". -.-. 3`i'� *�' •I' �.. � ! • / �I ^'' Xis. ' Age.' + 11 ip; e Photograph 7: View of agricultural field and upland evergreen forest, northern portion of the site, facing north. g. v 'A -r }e,t <ov. a 14, 4 • aye;-. N i p r :4 r f . e6" y __• `..e '' _ pit `�-. - ae�r7.- - t, •:' k ' s -�$'g „yam. te ` � ' 1s s > 1 r R0 � ny `'T7 .M^ 3i' '1t A442. - +4. '.4 } _ 4" a^• Y e -.v --/4 -- 1 -a ,, ,6 ;',d .._ YE ' ., 2 n p ` 'h" "'�a - �' 9 h : '�* � i 'i �-r ,^k a Photograph 8: View of upland forest, northern portion of the site, facing east. 77 Beltway Part 9: Current DMS Mitigation Statement of Availability ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality April 5, 2022 Richard Horn Strategic Capital Partners Acquisitions, LLC 280 E 96th Street, Suite 250 Indianapolic, IN 46240 Expiration of Acceptance: 10/5/2022 Project: 77-Beltway County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.36 Yadkin 03040105 Warm Stream 527 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams©ncdenr.gov. cc: Jeff Harbour, agent aEQ:.ARfll IRA D ` / ro1r�A of ErcAmnmBnnl WeYq \V�� Sincerely, FOR James. B Stanfill Asset Management Supervisor North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976