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HomeMy WebLinkAbout20221496 Ver 3_Apex Gateway NWP 39-18 Package COMPRESSED_20240716Preliminary ORM Data Entry Fields for New Actions SAW-2023-00049 BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Apex Gateway 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial Z 3. Project Description / Purpose [PCN Form 133d and 63e]: The purpose of this project is for the construction of an industrial development and associated stormwater control measures, parking, roads, and additional infrastructure. 4. Property Owner / Applicant [PCN Form A3 or A41: Multiple owners (see property report) Applicant: BIN—AGP, LLC Attn: Jon Morris 5. Agent / Consultant [PCN Form A5 — or ❑RM Consultant I❑ Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: DWR#20230922 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 61b]: 106 NC Highway 751 Apex, NC Lat: 35.747992, Long:-78.947729 S. Project Location - Tax Parcel ID [PCN Form B1a]: 17894, 95750, 17904, 95749, 76475, 17886, 68507, 60490, 96511, 179 17918, 17912, 67322, 17915 9. Project Location — County [PCN Form A2b]: Chatham 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Apex 11. Project Information — Nearest Waterbody [PCN Form 132a]: White Oak Creek, WS-IV;NSW, Index #: 16-41-6-(0.7) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Haw, 03030002 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: Standard Permit Nationwide Permit # 39/18 ❑ Regional General Permit # ❑ Jurisdictional Determination Request Section 10 & 404 ❑ F]Unauthorized Pre -Application Request Activity ❑ Compliance ❑ No Permit Required Revised 20150602 i` VIRONMENTAL 16 July 2024 US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Rachel Capito 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Stephanie Goss and Sue Homewood 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: BIN—AGP, LLC +/- 212.302 Acres Apex Gateway 106 NC Highway 751 Apex, North Carolina 27523 Nationwide Permits 39 and 18 SAW-2023-00049 DWR-2022-1496 v3 Dear Rachel, Stephanie, and Sue: Atlas Environmental, Inc., on behalf of the applicant, Jon Morris of BIN—AGP LLC, is submitting the following request for verification of Nationwide Permits 39 and 18 for unavoidable impacts to wetlands and waters of the United States and State of North Carolina related to the proposed development of the Apex Gateway industrial project. Project Location The proposed project site is located at 106 NC Highway 751, Apex, North Carolina, 27523. The review area includes 12 full and two (2) partial parcels (Parcel ID Numbers 17886, 17894, 17903, 17904, 17912 (partial), 17915 (partial), 17918, 60490, 67322, 68507, 76475, 95749, 95750, and 96511), totaling approximately 212.302 acres in Chatham County, North Carolina. The general project location is at the intersection of US Highway 64 and NC Highway 751, approximately seven (7.0) driving miles East of the city center of the Town of Apex, North Carolina. Project Applicant/Developer BIN—AGP LLC is the project applicant and is partnering with Beacon Partners as the development contractor for the construction of their facilities. Beacon Partners is a full - ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte i, VIRONMENTAL service commercial real estate firm focused on the development, acquisition, lease, and management of quality industrial, office, and mixed -use properties, and have invested more than $2.4 billion dollars in real estate projects throughout North and South Carolina. Their portfolio currently includes more than 30.4 million square feet of developed or acquired real estate, with approximately 14.5 million square feet currently leased, owned, or managed. Project Purpose The purpose of the proposed project is to provide a new and modern, high -quality, light industrial and commercial center with industrial buildings and commercial/retail buildings of varying sizes (approximately 6000 to 375,000 square feet each) and features (e.g., modern clear heights, number of dock doors, number of parking spaces) to meet current and future demand for industrial space, accommodate a diverse and stable tenant portfolio, and better serve the greater Raleigh and Durham markets. The proposed facilities, developed in partnership with Beacon Partners, ideally would be near major transportation corridors with easy ingress and egress of transportation corridors and the project site. Proximity to major transportation corridors helps ensure greater capability of the road system managing increased volume of traffic without major roadway improvements or changes. Project Marketing and Need The need for a new and modern, high -quality, light industrial center is demonstrated by the increase in consumer demand for goods and services, the obsolescence of existing warehouse and distribution facilities (and features), extremely low vacancy rates, and high absorption rates. The need for the proposed project is further demonstrated, in part, by the increased demand for, and construction of, such facilities. There are numerous reports and articles on the increasing need and demand for warehouse, distribution, and logistic space. The takeaways of these articles and reports are: • Gross output for the Transportation and Warehousing Industry is up 39% from Q1 2020 to Q4 2022. Truck transportation is up more than 36% and Warehousing and Storage is up 51 %, over the same period (BEA, 2023). • Demand for Logistics and Parcel Delivery space is greatest in the Southeast where demand accounts for 27.8% of the total US demand. By comparison, the entire West Coast of the US accounts for just 14.2% (JLL, 2022). • Consumer Product space has increased 33% in the Southeast in 2022. By comparison, the next greatest growth was in the West Region with 26% (JLL, 2022). • Demand for warehousing space is outpacing new supply with absorption far exceeding new supply (PREA, 2022). • About 75% of industrial inventory was built prior to 2000, and lacks the key features (i.e., parking ratios, truck courts, clear heights, and dock door counts) that current tenants seek (PREA, 2022). ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 2 i` VIRONMENTAL • Existing US industrial inventory is functionally obsolete; new clear heights (>36 feet) and parking and dock door ratios are dominating requirements for demand (Cushman & Wakefield, 2021; PREA 2022). • Raleigh -Durham is ranked the fourth fastest growing region in the US and one of the nation's fastest growing commercial real estate investing and leasing markets (American Growth Project, 2022; Crexi, 2023). • Chatham County and Southwest Wake County combined account for only 14% of the total inventory in the Raleigh -Durham market (Avison Young, 2023). • The demand for industrial space and leasing activity remains high in the Raleigh - Durham industrial market (Colliers, 2023). • The Raleigh -Durham industrial market is below 4% vacancy during the first quarter of 2023 (Avison Young, 2023). • The substantial number of speculative developments currently under construction are forecast to sustain the extremely competitive market and will continue to see robust lease up with elevated tenant demand (Colliers, 2023). The proposed project location in Chatham County, at the Wake -Chatham County line, near the Town of Apex, the Raleigh -Durham International Airport, NC Highway 540/1-540, US Highway 64, and NC Highway 751 providing convenient access to 1-40, was carefully selected based on the project purpose and need and development opportunities. Beacon Partners typically constructs buildings on a speculative basis, meaning there are no tenants committed when the project begins. However, current demand for industrial facilities in the Apex area is high, especially as large manufacturers continue to show interest and move to the region. Two companies have negotiated leases for proposed buildings; a battery company and a pharmaceuticals company have committed to leasing two of the buildings proposed for construction on the project site. Several smaller commercial and restaurant/food service companies also are in discussions to develop the commercial outparcels on the project site. The development of the proposed project site is expected to attract a broad range of industries and companies (including technology and life sciences). The future tenants of Apex Gateway will assuredly include those who need, and benefit from, a location close to a major metropolitan area within proximity of major transportation corridors and an airport. To further validate the purpose and need for the proposed project, local economic authorities (Chatham County and Apex Economic Development Teams) support the project suggesting a need, or at least desire, for such industrial, commercial, and life science developments in this location. The proposed project land use also is consistent with nearby properties and zoning, and the project site is strategically located within an area consistent with the Chatham County Comprehensive Plan (2017). While the project proposes conversion from forested land to developed land, the property is within a planned area for warehouse and distribution facilities to provide closer access to the airport and interstate transportation corridors. Furthermore, utilizing the property for industrial warehouse and distribution and life science facilities provides benefits to land use given its proximity to transportation corridors, rather than other types of development (e.g., ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 3 residential development). Lastly, the owners of the property are entitled to the bundle of rights, which includes the rights to control (i.e., use) and enjoyment of the property. In addition to the proposed project being consistent with nearby properties and zoning ordinances, the owner's use of the property is consistent with governing laws and rules and is supported by local governing and granting agencies and organizations. Property History Aerial photographs can provide excellent documentation of property history and land use over time. A reliable timeline of activity and development of the property can be established when certain imagery/photographs are available. A review of available historical aerial imagery indicates that the proposed project site has been predominantly forested with some agricultural fields and a few residences since the early 1980s. Project History The project site is comprised of four, originally distinct and independently proposed, development sites — NC Highway 751, Droege Aulicino, Apex Gateway (sometimes identified as Project Real), and Berkut. The four proposed projects initially were evaluated with separate jurisdictional determinations (JD) submitted to the US Army Corps of Engineers (USACE). The original NC Highway 751 JD was submitted as an Approved JD (AJD) on January 23, 2023, and consisted of five full and one partial parcels. The project was assigned Action ID number SAW-2023-00049. One wetland area was labeled in the AJD with the incorrect acreage; the correct acreage is provided in the identified wetlands below. The USACE has not given final approval for the AJD. The original Droege Aulicino JD was submitted as an AJD on November 18, 2022, and consisted of five parcels. The project was assigned Action ID number SAW-2022-02485. The property evaluated in the AJD is not entirely encompassed in the proposed project, therefore not all streams identified in the AJD are included in the proposed project (see project identified wetlands below). The USACE has not given final approval for the AJD. The original Apex Gateway JD was submitted as an AJD on May 9, 2022, and consisted of five parcels. The project was assigned Action ID number SAW-2022-01050. Atlas Environmental later withdrew the AJD because the project boundaries changed. A revised AJD was submitted on March 22, 2023, under the original Action ID number. All wetlands and streams were verbally found to be jurisdictional by the USACE during the site visit (February 14 and 21, 2023), but the USACE has not given final written approval for the AJD. The revised Apex Gateway project site was then split into two project sites — Apex Coke and Apex Gateway. Apex Coke was inadvertently assigned the same Action ID (SAW-2022-01050) in the application for Nationwide Permits 18 and 39, but is an unrelated project to the current proposed project. An AJD was submitted on the revised Apex Gateway project site and finalized on May 25, 2024. The Apex Gateway project site ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte is being developed as Phase 1 of the Apex Gateway industrial development. No impacts to jurisdictional aquatic resources are associated with Phase 1. As such, the information presented below does not include aspects pertaining to Phase 1. The original Berkut JD was submitted as an AJD on October 24, 2022, and consisted of one parcel. The project was assigned Action ID number SAW-2022-02310. The USACE has not given final approval for the AJD. During a pre-IP meeting on June 2, 2023, the USACE suggested that the proposed combined project, as submitted here, should use Action ID SAW-2023-00049. Proposed Project BIN—AGP LLC proposes development of approximately 212.302 acres at the intersection of US Highway 64 and NC Highway 751 for a light industrial complex. The project is for the construction of an industrial development consisting of three construction phases. This is not a phased project, but rather a single and complete project identified according to their construction phases. There are no anticipated future or additional impacts. The construction phases for the proposed project are identified as 2A, 213, and 2C. As noted above, an AJD for Phase 1, originally referred to as Apex Gateway (sometimes Project Real), was finalized under Action ID SAW-2023-00049 on May 25, 2024. Phase did not result in any impacts to jurisdictional aquatic features; no permit was required to begin work on this portion of the project. Phase 2A is located North of Highway 64 and East of NC Highway 751, and was originally referred to as Droege Aulicino. Phase 2B is located North of Highway 64 and West of Highway 751, and was originally referred to as NC Highway 751. Phase 2C is located South of Highway 64 and West of New Hill Road, and was originally referred to as Berkut. The area of development for permit request includes the construction of 15 industrial buildings, 12 commercial/retail buildings and outparcels, ingress and egress roadways, parking, stormwater control measures, and other associated infrastructure. The buildings are of varying sizes ranging from approximately 6000 square feet for commercial/retail to between 27,000 to 375,000 square feet for industrial. The industrial buildings also include features (e.g., modern clear heights, number of dock doors, number of parking spaces) to meet current and future demand for industrial space, accommodate a diverse and stable tenant portfolio, and better serve the greater Raleigh and Durham markets. The size and placement of the buildings were designed to avoid higher quality aquatic resources, planned and dedicated roadways, tree save and buffer areas, and to maximize logistics, including reduced time and costs associated with transport and shared parking for the buildings to reduce the overall footprint of the site. The proposed development is partially constrained by dedicated activities associated with these and other nearby public projects. For example, the proposed Gateway Drive will be constructed at two locations on both sides of NC Highway 751 to allow access to the ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte industrial park, and will be dedicated as public right-of-way to the Town of Apex. A planned roadway through the Apex Coke property will connect to Gateway Drive on the East side of NC Highway 751, and will be dedicated as public right-of-way to the Town of Apex. An additional road, Brightleaf Lane, will be constructed to allow emergency vehicle access from Gateway Drive to the facilities and parking lot areas of several buildings. A substantial area (approximately 18.54 acres) fronting US Highway 64 on both sides of NC Highway 751 has been set aside as NC Department of Transportation right-of-way for planned expansion of the interchange at NC Highway 751 and US Highway 64. Additional areas, including buffers on streams and wetlands along the Eastern property boundary, through the middle of the Western portion of the property North of US Highway 64, and a buffer area around the Northern and Western boundaries of the properties North of US Highway 64 have been set aside as buffer areas for the Town of Apex. Buffer areas also have been established around the property boundaries of the property South of US Highway 64. Buffer widths vary across the project sight, but include 100 foot buffers on perennial streams, 50 foot buffers on intermittent streams, an additional 30 foot upland buffer on all stream features, 40 to 60 foot buffers around the property perimeter, and 50 foot buffers on road right-of-ways. In addition, substantial areas have been dedicated as tree save and greenspace on the North side of US Highway 64 (approximately 10.15 acres) and on the South side of the US Highway 64 (approximately 6.25 acres). These factors limit the uplands available for current and future development. Project Site Evaluation As stated above, current demand for industrial facilities in the Apex area is high, especially as large manufacturers continue to show interest and move to the region. The proposed project site is adjacent to US Highway 64 and NC Highway 751, which provides easy access to 1-540, 1-40, and the Raleigh Durham International Airport, and has existing utility infrastructure and service. The proposed project site also is in a Federal Opportunity Zone (37037020600) encouraging developers and investors, such as BIN—AGP LLC, to develop and invest in these areas to spur economic growth and job creation. Furthermore, although Beacon Partners at times develops properties on a speculative basis, their development cooperation with BIN—AGP LLC has resulted in two companies committing to lease options at the proposed project site specifically because of the site location, proposed building size, building placement, and other site amenities. Future development of the site also is expected to attract a broad range of industries and companies. Any future tenants of Apex Gateway will assuredly include those who need a location close to a major metropolitan area within proximity of major transportation corridors and an airport. Wetlands and Waters of the United States and Impacts On November 11, 14, 17, and 23, 2021, Atlas Environmental conducted an initial pedestrian survey of the proposed project site to identify streams and wetlands which may be subject to Federal and State regulations. Additional site visits were conducted March, 22, April 13, May 10, July 14 and 15, 2022, February 14 and 21, and June 28 and 29, 2023. As noted above, the project site was originally evaluated as four individual sites with ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte separate JDs submitted for each — Apex Gateway (sometimes identified as Project Real) as Phase 1; Droege Aulicino (Phase 2A), submitted on November 18, 2022; NC Highway 751 (Phase 2B), submitted on January 3, 2023; and Berkut (Phase 2C), submitted on October 24, 2022. Additional site visits with USACE representatives (including Rachel Capito, David Bailey, Richard Harmon, and Lyle Phillips) occurred on October 11, 2023, and June 28, 2024, for Phase 2 sites. Following each site visit with USACE representatives, we provided additional information, including requested updated aquatic resource maps indicating changes in aquatic features based on their field assessments. Based on continued conversations with the USACE, we have once again revised aquatic resources sketch maps to identify jurisdictional wetlands (included herein). In these latest maps, we have conceded to changes in aquatic resources as jurisdictional in Phase 2 of the project site because BIN—AGP LLC is under construction timeframes and can no longer wait for EPA and USACE review and issuance of an Approved Jurisdiction Determinations. Specifically, we have revised EPH 100 as an intermittent stream now under USACE jurisdiction as CH 100a on Phase 2B, conceded USACE jurisdiction of WL 2000 and WL 2100 on Phase 2A, and removed non -jurisdictional feature EPH 200 on Phase 2A because these features and their associates are no longer called into question for jurisdictional status. The revised aquatic resources sketch maps identify approximately 3002 linear feet of stream channel in six streams, 3.609 acres of wetlands in 19 wetland areas, and 2.561 acres of open water in one man-made pond on the project site. All wetlands and streams are shown in Table 1. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 7 (Q a) cu U O O Q 70 O m O Q O Q O L C L m O U O U (Q cr cu O J cu N i O N N U Lo LO LO 0 r- v 0 Lo O O O O 0 _ O O O N O O O O p p O O O CD CD CD CDO-+- E N O O O O O O O .M U `o U (6 LL C O O O O O O O O O O O O O O LM tf U O `O v r" v o LO o 0 r- CDQ l 'IT O CD O CD O O CD O O O CD O + N V 00 N O O co CD N CD O I-- O O ; O l00 O CO l0 Q E O O O O O O O O Lo O CD CD CD CD CD CD CDO CD CD CD O LL J U N f� O � LO 00 00 Cl) co N Q E a m o � w v_ a w w v_ w w D Z O � ii a Z O Z O = ii _ ii w ii Z O = ii _ ii _ ii _ ii = ii Z O U Z LL o Z Z Z Z ) LL w LL v ° w w w w w w❑ w w w w❑ w❑❑❑ w w w❑❑❑❑❑❑❑ Q Q Q Q ❑ Q Q c Q Q Q Q c Q c c c Q Q Q c c c c c c c U U cn U U U 0 U U U U 0 U 0 0 0 U U U 0 0 0 0 0 0 0 3 >>>> z>> Z>>>> Z❑ Z Z Z>>> Z Z Z Z Z Z Z c 0 c 0 c 0 c 0 o N c 0 c 0 m 0 m o m o m 0 m 0 m m m m m m m o N A E E E E _ E E a? a? m m m m m m m m m m m m 5 2 c c 2 c a) U' m m m m m m U m m m m m m m m m m Q Q U U U U U U U U t N N N N N N N N N N N N N N N N N N N N N N N N N N N LL N E m Z O O o o m O o 0 0 0 0 O 0 O 0 CD 0 CD 0 CD 0 CD 0 CD 0 CD 0 CD 0 CD 0 CD 0 O 0 CD 0 CD 0 O 0 CD 0 CD 0 CD 0 CDN E i O O O O N cc:)) OV O 00 O N M l0 CO I� OD O CD CD NM V Lo C z O = _ _ _ _ _ _ N N N cl) c,) M M M M O U U U U U U U >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > >J > LL ❑ 00 E l0 0 N O N_ 00 N 00 O O O N � N N � L t1 o U r 0 d � � E O Q O N c L U 'N W zO CO ai - Q o 0 J � y- I► m ._ Q U > a� m �m m Q 0 0 `m s U uj 0 Cl) Cl) Proposed permanent impacts to USACE jurisdictional streams are limited to intermittent streams CH 100, CH 2O0, and CH 400, and total 388 linear feet. Proposed permanent stream impacts to NCDWR jurisdictional streams are limited to intermittent stream CH 300, and total 388 linear feet. No perennial streams are being impacted. Thus, mitigation for stream impacts is limited to USACE jurisdiction compensatory mitigation at a factor of 1.5.1 for a total of 496.5 mitigation credits. Proposed permanent impacts to jurisdictional wetlands are limited to wetlands WL 1100, WL 1200, WL 1300, WL 1400, WL 2000, and WL 2100 and total 0.289 acres. Thus, all mitigation for wetland impacts is limited to USACE jurisdiction compensatory mitigation at a factor of 1:1 for a total of 0.289 mitigation credits. Table 2. List of proposed impacts under Nationwide Permit 39. Required Impact Linear Name Type Measure Acres Factor Mitigation Name Feet Credits CH 100 S1 Intermittent LF 97 0.014 1.5 145.5 CH 100 S2 Intermittent LF 57 0.007 0 0 CH 400 S4 Intermittent LF 123 0.005 1.5 184.5 WL 1100 W1 Wetland AC 0.010 1 0.010 WL 1200 W2 Wetland AC 0.016 1 0.016 WL 1400 W3 Wetland AC 0.175 1 0.234 WL 2000 W6 Wetland AC 0.021 1 0.021 WL 2100 W7 Wetland AC 0.001 1 0.001 0.223 AC 330 stream TOTAL 277 LF Wetland 0.282 wetland Only Table 3. List of proposed impacts under Nationwide Permit 18. Required Impact Linear Name Type Measure Acres Factor Mitigation Name Feet Credits CH 200 S3 Intermittent LF 111 0.004 1.5 166.5 WL 1300 W5 Wetland AC 0.007 1 0.007 WL 1400 W4 Wetland AC 0.059 1 0.234 0.066 AC 166.5 stream TOTAL 111 LF Wetland 0.07 wetland Only Potential Effects on Physical/Chemical Characteristics of the Aquatic Ecosystem Substrate: No effects are expected beyond the proposed impact areas. Substrate will be permanently affected at the impact areas. Downstream sediment will remain in -place. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Erosion control and stormwater practices will prevent upland material from impacting the substrate. Suspended particulates/turbidity: No effects are expected beyond the proposed impact areas. Suspended particulates and turbidity are not expected to affect any streams on or off property. Short-term, minor effects to total suspended solids (TSS) and turbidity are expected during construction. Proposed "off-line" stormwater detention facilities will protect the remaining wetlands and streams on property and downstream of the project site through detention and water quality treatment of storm flows before being discharged into jurisdictional waters. The proposed stormwater management system has been designed to provide water quality treatment of a 1-inch rainfall event and achieve greater than 85% reduction in post -development TSS loadings to receiving waters. These controls will prevent the discharge of sediment and other attached pollutants (excess nutrients, oil and grease, etc.) to downstream waters. Water: Minor permanent effects are expected. The flow path of surficial water will continue to move from the property toward B. Everett Jordan Lake and White Oak Creek North of US Highway 64 and B. Everett Jordan Lake and Beaver Creek South of US Highway 64. Current patterns and water circulation: Minor permanent effects are expected. The flow path of stormwater will be slightly different due to the development. Interception and infiltration will differ due to the impervious surfaces. Infiltration will still occur in the areas of the stormwater treatment basins and along the diffuse flow outflow of the basins to the non -impacted reaches. Normal water fluctuations: Seasonal water fluctuations of precipitation will not be affected. Ground water fluctuations may have minor/inconsequential permanent impacts due to the surficial ground conditions resulting in altered hydrogeology from impervious surfaces and grading of the building pads. Any actual effects would be quantitatively unmeasurable. Salinity gradients: No effects to salinity are expected. The project is not located in a coastal area where a salinity gradient and/or a saltwater intrusion wedge could be present. Impacts relating to the application of salt for snow/ice control would be negligible as the average annual snowfall for the project area is less than four inches per year. Potential Effects on Biological Characteristics of the Aquatic Ecosystem Threatened or endangered species: No adverse effect is expected. Additional information on the presence of Federally listed species or potentially suitable habitat for species is provided below in the Endangered and Threatened Species section. Fish, crustaceans, mollusks, and other aquatic organisms in the food web: No adverse effect is expected. The aquatic systems impacted by the proposed project are small first ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 10 order streams and abutting/adjacent and isolated wetlands that are small and have been degraded. The largest natural aquatic systems within the project site will not be impacted. Other wildlife: Minor permanent habitat loss due to the construction of the buildings is expected. Effects are considered minor due to the degrading or impounding of the aquatic systems on the property that are proposed for impact, which has created marginal quality habitat for most aquatic species. Potential Effects on Special Aquatic Sites Sanctuaries and refuges: No effects are expected. The project site does not include sanctuaries or refuges and is not upstream of these types of locations. Wetland: Permanent impacts to streams and wetlands are described above in Table 4. Mud flats: No effect is expected because no mud flats exist on the project site. Vegetated shallows: No effect is expected because no vegetated shallows exist on the project site. Coral reefs: No effect is expected because no coral reefs exist on the project site. Riffle and pool complexes: No effect is expected because no riffle and pool complexes exist within any of the aquatic resources proposed for impact. Endangered and Threatened Species Atlas Environmental referenced the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) tool for the project review area on April 14, May 3, and June 6, 2022. Atlas Environmental also referenced the North Carolina Natural Heritage Program website on April 11, May 3, June 6 and 16, 2022, for additional information on Endangered and Threatened Species that may occur in the project area. The corresponding reports indicated the potential presence of four Federally listed Endangered or Threatened species within the project review area. Designated Critical Habitat for any species was not listed within the project review area. Atlas Environmental also conducted on -site assessments on November 11, 14, 17, and 23, 2021, March, 22, April 13, May 10, and July 14 and 15, 2022, and February 14 and 21, 2023, but Federally listed Endangered or Threatened species or their habitats were not observed during any site visit. Adverse impacts to Federally listed Endangered and Threatened species are not expected. The Bald Eagle also was evaluated under the Bald and Golden Eagle Protection Act. The final determination for potential impacts to the Bald Eagle was No Permit Required. The Endangered, Threatened, and Candidate Species Report of Findings were submitted to the USFWS on June 1, 2022 (NC Highway 751), June 8, 2022 (Apex Gateway as Project Real), July 29, 2022 (Berkut), and August 9, 2022 (Droege Aulicino). Concurrences from ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 11 the USFWS were provided on July 14, 2022 (Apex Gateway as Project Real), August 11, 2022 (NC Highway 751), and October 4, 2022 (Berkut); the Droege Aulicino site was self - certified on June 8, 2022). Table 4. Summary of effects determinations for Federally listed species. Species Listed Habitat Species Effects Status Present Observed Determination Red -cockaded E No No No Effect Woodpecker Atlantic Pigtoe T No No No Effect ti Monarch Butterfly C -- -- N/A v May Affect, z Harperella E No No Not Likely to Adversely Affect Red -cockaded E No No No Effect a c Woodpecker a) 0 o = Atlantic Pigtoe T No No No Effect o Q Monarch Butterfly C -- -- N/A Harperella E No No No Effect Red -cockaded E No No No Effect x Woodpecker Q (D Atlantic Pigtoe T No No No Effect Q Monarch Butterfly C -- -- N/A Harperella E No No No Effect Red -cockaded E No No No Effect Woodpecker Y Atlantic Pigtoe T No No No Effect L m Monarch Butterfly C -- -- N/A Harperella E No No No Effect Michaux's Sumac E No No No Effect Historic and Cultural Resources A search of the National Register of Historic Places did not identify any cultural resources located within the proposed project review area. However, Atlas Environmental conducted a pedestrian survey for the presence of important cultural and historical resources on the proposed project site. The transects that were visibly inspected during the pedestrian site evaluation would not allow for identification of any potential subterranean artifacts. No shovel tests were conducted to identify potential cultural or archaeological resources that may be located within the proposed project area. Atlas Environmental received a written response from the North Carolina Department of Natural and Cultural Resources, dated July 12, 2022 (NC Highway 751), July 12, 2022 (Apex Gateway as Project Real), August 9, 2022 (Droege Aulicino), September 19 and December 2, 2022 (Berkut). Based on their ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 12 review of the project areas, there are no known archeological resources that are eligible for inclusion in the National Register of Historic Places that will be affected by the proposed project. Mitigation Compensatory mitigation is required for the below listed permanent impacts to aquatic resources in the form of in -lieu fee mitigation. Total permanent impacts to jurisdiction aquatic resources for the project include 331 linear feet (0.023 acres) of intermittent stream and 0.289 acres of wetlands. For jurisdictional streams that rank either Medium or High using the North Carolina Stream Assessment Method (NC SAM), we propose a 2.1 mitigation ratio. For jurisdictional streams that rank Low using the NC SAM, we propose a 1.5.1 mitigation ratio. For jurisdictional wetlands that rank Medium or High using the North Carolina Wetland Assessment Method (NC WAM), we propose a 2.1 mitigation ratio. For jurisdictional wetlands that rank Low using the NC WAM, we propose a 1:1 mitigation ratio. Based on these ratios, permanent impacts to streams and wetlands would require 496.5 linear feet of stream and 0.289 acres of wetland mitigation. A summary of the mitigation required for impacts to aquatic resources is listed in Table 5. Table 5. Summary of impacts reauirina mitiaation and credit calculation. Required Impact Linear Name Type Measure Acres Factor Mitigation Name Feet Credits CH 100 S1 Intermittent LF 97 0.014 1.5 145.5 CH 200 S3 Intermittent LF 111 0.004 1.5 166.5 CH 400 S4 Intermittent LF 123 0.005 1.5 184.5 WL 1100 W1 Wetland AC 0.010 1 0.010 WL 1200 W2 Wetland AC 0.016 1 0.016 WL 1300 W5 Wetland AC 0.007 1 0.007 WL 1400 W3, W4 Wetland AC 0.234 1 0.234 WL 2000 W6 Wetland AC 0.021 1 0.021 WL 2100 W7 Wetland AC 0.001 1 0.001 0.289 AC 496.5 stream TOTAL 331 LF Wetland 0.289 wetland Only With regard to mitigation and the phased construction schedule, the applicant proposes to purchase mitigation credits for impacts associated with a particular phase before the construction of each phase. For example, the applicant will purchase credits associated with impacts on Phase 2A (0.022 acres wetland impacts = 0.022 compensatory mitigation wetland credits) before construction of Phase 2A begins. The application will purchase ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 13 credits associated with impacts on Phase 2B (331 linear feet of stream impact and 0.267 acres of wetland impacts = 496.5 compensatory mitigation stream credits and 0.267 compensatory mitigation wetland credits) before construction of Phase 2B begins. No impacts are anticipated for Phase 2C, so no compensatory mitigation credits are required. In addition to mitigation, the applicant will include vegetated upland buffers around unimpacted aquatic resources as additional avoidance and minimization measures. Buffers on aquatic resources range from 50 feet to 100 feet. Buffer enhancement also includes natural or planted buffers of 40 feet around the property boundary. Additional vegetated buffers of varying widths will be established around remaining aquatic resources as part of greenspace and tree save areas. Buffers in these areas range from 5 feet to more than 250 feet depending on distance from limit of disturbance or property boundary to the aquatic resources. Nevertheless, these buffer areas will include the entirety of the riparian corridors and upland buffers (totaling approximately 13.90 acres) and tree save areas (totaling approximately 16.40 acres) and total approximately 30.30 acres in size. Buffer and wetland areas will be plainly marked before, during, and after any construction activities to ensure that no encroachment occurs. Stormwater Treatment All stormwater treatment will meet or exceed the stormwater management requirements for the Town of Apex's Unified Development Ordinance, Chatham County, and the North Carolina Department of Environmental Quality (NCDEQ). Stormwater management plans will be prepared in accordance with a stormwater drainage masterplan to be prepared by a professional engineering firm licensed by the State of North Carolina prior to the development. The stormwater drainage masterplan will address the hydrological characteristics of the entire site, as well as adjacent drainage patterns of relative importance. The plan will address predevelopment conditions and post -development stormwater management for flood control and sediment reduction. This plan will also address stormwater quality to enhance water quality and protect the surrounding freshwater waters and wetlands. Post -development peak run-off shall not exceed pre - development peak run-off for the 24-hour, 1-year, 10-year, and 25-year storm events in accordance with the Town of Apex's Unified Development Ordinance. Stormwater control measures with the proposed project are designed to avoid or minimize impacts to higher quality aquatic resources and avoid the buffer and tree save area. The proposed stormwater control measures also are at natural low points for the project site and in the best location to collect the most impervious area runoff so that it can detain and treat stormwater as required. Alternative designs, such as Low Impact Development practices, are not always practical for industrial developments because the amount of impervious surface area is typically more concentrated than comparably sized impervious surfaces for residential or commercial developments. Similarly, underground stormwater control measures may not be suitable on sites with shallow bedrock. Nevertheless, the ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 14 stormwater control measure design within an industrial development can include components to mimic the natural processes of retaining rainwater. The proposed project will include grass and treed islands within the parking lots that will retain rainwater and the natural buffer areas between and around the proposed development will allow a natural soak into the ground. Additionally, the proposed project will include a minimum of two (2) acres of wetlands to be constructed North of US 64 to facilitate additional nutrient removal above the Town of Apex's Unified Development Ordinance requirements. The proposed project also will include Green Stormwater Infrastructure measures within the project limits above the Town of Apex's Unified Development Ordinance requirements. At least two of the following Green Stormwater Infrastructure measures shall be included prior to receiving a certificate of occupancy of the third building: bio-retention areas totaling a minimum of 6000 SF; a minimum of 5000 SF of permeable pavement systems; and rainwater harvesting (cisterns) with a minimum capacity of 2500 gallons. In addition, educational signage will be displayed where Green Stormwater Infrastructure devices are located, and such locations shall be opened to the public and community groups for educational purposes. Additional Public Interest Factors Construction operations of the proposed project are planned for six days a week, weather permitting, and primarily will be conducted during normal business hours (e.g., 7.00 am to 6.00 pm). Operations of the proposed project site will vary depending on the tenants, but generally are expected to be during normal hours for two -shift businesses (i.e., 6.00 am to 12.00 am). A minimum 40-foot vegetated buffer will be established around the property perimeter and adjacent development, and a 50-foot buffer will be established along the roadway right-of-ways. NCDOT has plans to improve the interchange of US Highway 64 and NC Highway 751; portions of the project site have been set aside for the improvements. Turn lanes along NC Highway 751 to access the facility may be required by NCDOT, but additional road improvements beyond those discussed above for the proposed project site are not anticipated. Enclosed are the necessary permit application documents and additional information. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President JRobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 15 ENVIRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Apex Gateway Property Owner of Record: BIN-AGP, LLC Contact Name: Jon Morris Address: 500 East Morehead Street, Suite 200 Address: Charlotte, NC 28202 Phone/Fax Number: 704-926-1391 Email Address: jon@beacondevelopment.com Project Address: 106 NC Highway 751 Project Address: Apex, NC 27523 Tax PIN: 95 98, 73702, 71694, 60523 c Signature: Date: Marc; 20, 2023 ATLAS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) jrobertson@atiasenvi.com www.atiasenvi.com 1181HX3 inOAV-1 311S CDDKVAQd' S83NI21Vd NOOV38 2f� - INVId 311S ),VM31VE) X3dV E � ull I �og Zi 90 0 Ral o co 04 co Ivy 61181HX3 inOAV-1 311S \CDDKVAQV' S83NIHVd NOOV38 Q-::w �-�-_ NVId1d30NO3 _ a - o m ),VM31VE) X3dV 77 .wa 1 - a a ' I \ I i g I Oe El. I Mvi I' bg \ 3 \ dux YaQ 1 1'i�•� 111 1 1 1 2 \ \ Goa \ \ 1 \ Gz✓ � � �4� \ 1 \ M \ \II N co Aquatic Resources Sketch Map L%1 Legend I Review Area Streets Parcels Drawn By: JT 2 Ft Contours Checked By: J Wetland A = ❑NMENTAL Page 1 of 3 Figure: 1 a Project Name: Apex Gateway: Phase 2A Location: 106 NC Highway 751 Apex, NC 27523 JACO ae+cuax For: BIN —AGP, LLC Attn: Jon Morris 3mAN$ '�.ws w Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 nN 1 ray Aquatic Resources Sketch Map Potential Wetland WL 2000: - 0.021 Ac. Potential Wetland WL 2100: - 0.001 Ac. Legend L Review Area o Streets O Parcels Contours 2 Ft Delineation Wetland 0 25 50 75 100 Ft VI RONMENTAL Page 3 of 3 Detail 1 Figure: 1c Project Name: Apex Gateway: Phase 2A Location: 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 MW A Aquatic Resources Sketch Map r ^ r Legend IAJD Area 11 AJD Area 3 D Area 2 L Review Area U 64'E— Streets 0 Hw`1 64 E O Parcels - Delineation Intermittent Wetland Culvert 0 200 400 600 800 Ft Earth Explorer (2022) _` �- AS ,,_ 11$40NMENTAL Page 2 of 5 Figure: 1b Project Name: Apex Gateway: Phase 2B Location: 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 Aquatic Resources Sketch Map Ill Potential Wetlan9Ac WL 1600: - 0.003 Potential Non Wetlan4Ac CH 100: - 1428 Lt 6 Potential Non Wetland CH 100a: - 69 LF, 0.001 All Legend L Review Area o Streets Parcels 2 Ft Contours Delineation Intermittent Wetland Culvert Potential Wetland WL 1100: 0.099 Ac i Potential Wetland PZF-�- IWL 1400: - 1.427 i — Is Non -Jurisdictional Wetland WL 1000: - 0.088 Ad R AJ D Area 1 I- r ' Potential Wetland WL 1200: - 0.388 AAccl Potential Wetland WL 1300: - 0.422 Ac Potential Non Wetland CH 2O0: - 111 LF, 0.004 Ad 0 100 200 300 400 Ft VI RAQLocation: ONMENTAL Page 3 of 5 Detail 1 Figure:1 c Project Name: Apex Gateway: Phase 2B 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 Aquatic Resources Sketch Map AJ D Area 2 ,`- \I Non -Jurisdictional Wetland WL 1800: - 0.002 Ac roar CH 200 Continued Non -Jurisdictional Wetland ` WL 1700: - 0.283 Act / Non -Jurisdictional Channel CH 300: 388 LF 0.010 Ac Non -Jurisdictional Legend Wetland WL 1900: - 0.032 I L Review Area o Streets Parcels - 2 Ft Contours Delineation Intermittent Wetland Culvert y� 0 50 100 150 200 Ft AQLocation: J__*V1RONMENTAL Page 4 of 5 Detail 2 Figure:1d Project Name: Apex Gateway: Phase 2B 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 Aquatic Resources Sketch Map IWL 1400 r Continued Potential Non Wetland CH 400: - 214 LF, 0.009 Ac Legend L Review Area Streets Parcels 2 Ft Contours Delineation Intermittent Wetland Culvert i CH 100 Continued IAJD Area 3F ISee Detail 2L Non -Jurisdictional Wetland WL 1500: - 0.424 Ad 0 50 100 150 200 Ft AQLocation: (75V�RONMENTAL Page 5 of 5 Detail 3 Figure: le Project Name: Apex Gateway: Phase 2B 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: July 12, 2024 ❑NMENTAL Page 1 of 5 Figure: 1 a Project Name: Apex Gateway: Phase 2C Location: 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: June 20, 2024 Aquatic Resources Sketch Map Legend L Review Area Streets O Parcels Delineation db& Intermittent —91111111 Pond .mM Wetland Earth Explorer (2022) 0 11$40NMENTAL Page 2 of 5 Figure: 1b Project Name: Apex Gateway: Phase 2C Location: 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: June 20, 2024 Aquatic Resources Sketch Map Non -Jurisdictional Wetland WL 3300: - 0.114 Ac. Non -Jurisdictional Impoundment Pond 2: - 2.561 Ac. Non -Jurisdictional Wetland WL 3100: - 0.015 Ac. Legend O Review Area o Streets 0 Parcels Contours 2 Ft Delineation M Intermittent 10 Pond i Wetland rid Non -Jurisdictional Wetland WL 3200: - 0.010 Ac. LO a t U 0 r 0 50 100 150 200 Ft AQLocation: (75V�RONMENTAL Page 3 of 5 Detail 1 Figure: 1 c Project Name: Apex Gateway: Phase 2C 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: June 20, 2024 Aquatic Resources Sketch Map Non -Jurisdictional Wetland WL 3000: - 0.075 Ac. Netland 1 0: - 0.045 Ac. Intermittent RPW CH 800: - 792 LF, 0.038 Ac. Legend I O Review Area o Streets Parcels Contours 2 Ft 7A Delineation M Intermittent 'S Pond 0 50 100 150 200 Ft " Wetland VI RONMENTAL Page 4 of 5 Detail 2 Figure:1d Project Name: Apex Gateway: Phase 2C Location: 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: June 20, 2024 Aquatic Resources Sketch Map .HwY Non -Jurisdictional Wetland WL 3400: — 0.104 Ac. Non -Jurisdictional Wetland WL 3500: — 0.056 Ac. Legend O Review Area o Streets 0 Parcels Contours 2 Ft Delineation i Intermittent 7 Pond 11 Wetland :HwY 0 50 100 150 200 Ft RLocation: ❑NMENTAL Page 5 of 5 Detail 3 Figure: 1e Project Name: Apex Gateway: Phase 2C 106 NC Highway 751 Apex, NC 27523 For: BIN —AGP, LLC Attn: Jon Morris Coordinates: 35.747992°,-78.947729' Date: June 20, 2024 IN I iuivill, ��\ I f�F�NNFNNFII t� �w� 6: 2: Page 3 GRAPHIC SCALE �(m veer J� o Date: March 08, 2023 F o a Updated: July 12, 2024 For: BIN—AGP, LLC to Attn: Jon Morris Ach Map provided for illustrative purposes and liminary planning only. Not intended to be relied upon exact location, dimension, or orientation. All findings I assessments are subject to verification from the ny Corps of Engineers, NC Division of Water sources, and/or other appropriate local authorities. not reproduce map set except in its entirety. 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Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Apex Gateway 2. Date of evaluation: June 28, 2024 3. Applicant/owner name: BIN-AGP LLC 4. Assessor name/organization: Atlas Staff 5. County: Chatham 6. Nearest named water body 7. River basin: Cape Fear on USGS 7.5-minute quad: White Oak Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.74555,-78.95659 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 100 10. Length of assessment reach evaluated (feet): 154 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2.5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 6 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ®Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ®Water Supply Watershed (❑l ❑II ❑III ®IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ®NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ®B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile - assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ®J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ®No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation ❑I Sand bottom ®C Multiple snags and logs (including lap trees) ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ® ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ® ❑ Silt/clay (< 0.062 mm) ❑ ❑ ® ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ®Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ®Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ®Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ® Sala manders/tadpoles ❑ ❑Snails ❑ ®Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ®B ®B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ®B ®B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ®D ®D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ❑A The total length of buffer breaks is < 25 percent. ❑B ®B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Apex Gateway Date of Assessment June 28, 2024 Stream Category Pa2 Assessor Name/Organization Atlas Staff Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow HIGH MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography LOW LOW (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology MEDIUM MEDIUM (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality HIGH HIGH (2) Baseflow HIGH MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance HIGH NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW MEDIUM (2) In -stream Habitat LOW MEDIUM (3) Baseflow HIGH MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat MEDIUM HIGH (2) Stream -side Habitat MEDIUM MEDIUM (3) Stream -side Habitat MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM NC SAM FIELD ASSESSMENT FORM user rvianuai version d.,i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Apex Gateway 2. Date of evaluation: June 28, 2024 3. Applicant/owner name: BIN-AGP LLC 4. Assessor name/organization: Atlas Staff 5. County: Chatham 6. Nearest named water body 7. River basin: Cape Fear on USGS 7.5-minute quad: White Oak Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.74418,-78.95567 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 200 lower 10. Length of assessment reach evaluated (feet): 111 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ®Water Supply Watershed (❑l ❑II ❑III ®IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ®C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern — assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile — assessment reach metric ❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ®J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ®No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation ❑I Sand bottom ®C Multiple snags and logs (including lap trees) ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ® Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ® Silt/clay (< 0.062 mm) ❑ ❑ ® ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ®No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Sala manders/tad poles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ®B ®B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ®C ®C ®C ®C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ®B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ❑A ❑A The total length of buffer breaks is < 25 percent. ®B ®B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch Draft NIC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Apex Gateway Date of Assessment June 28, 2024 Stream Category Pal Assessor Name/Organization Atlas Staff Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Flood Flow HIGH HIGH (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography MEDIUM MEDIUM (3) Stream Stability HIGH HIGH (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology HIGH HIGH (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation MEDIUM MEDIUM (3) Upland Pollutant Filtration MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW MEDIUM (2) In -stream Habitat LOW MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability HIGH HIGH (3) In -stream Habitat MEDIUM HIGH (2) Stream -side Habitat MEDIUM MEDIUM (3) Stream -side Habitat MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM NC SAM FIELD ASSESSMENT FORM user rvianuai version d.,i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Apex Gateway 2. Date of evaluation: June 28, 2024 3. Applicant/owner name: BIN-AGP LLC 4. Assessor name/organization: Atlas Staff 5. County: Chatham 6. Nearest named water body 7. River basin: Cape Fear on USGS 7.5-minute quad: White Oak Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.74153,-78.95627 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): CH 400 10. Length of assessment reach evaluated (feet): 123 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp steam? ❑Yes ❑No 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑Section 10 water ❑Classified Trout Waters ®Water Supply Watershed (❑l ❑II ❑III ®IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ®NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ®C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern — assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B Not 4. Feature Longitudinal Profile — assessment reach metric ❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ®J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ®No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation ❑I Sand bottom ®C Multiple snags and logs (including lap trees) ❑J 5% vertical bank along the marsh ®D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ®B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ® Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ® Silt/clay (< 0.062 mm) ❑ ❑ ❑ ® ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ❑Yes ®No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ®No Water ❑Other: 12b. ❑Yes ®No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Sala manders/tad poles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ®B ®B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ®B ®B ®B ®B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ❑E ❑E ❑E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ®B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ❑A ❑A The total length of buffer breaks is < 25 percent. ®B ®B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 Notes/Sketch Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Apex Gateway Date of Assessment June 28, 2024 Stream Category Pal Assessor Name/Organization Atlas Staff Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography MEDIUM MEDIUM (3) Stream Stability MEDIUM MEDIUM (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology HIGH HIGH (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation MEDIUM MEDIUM (3) Upland Pollutant Filtration MEDIUM MEDIUM (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat HIGH HIGH (2) In -stream Habitat MEDIUM MEDIUM (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat HIGH HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Apex Gateway Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County F-1 Yes N No BIN-AGP, LLC Bottomland Hardwood Forest Piedmont Cape Fear Chatham Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region ude/Lonaitude (deci-dearees) March 22, 2022 and April 13, 2022 WL 1100 Atlas Environmental White Oak Creek 03030002 HAW 35.74586°.-78.95717' Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ® Federally protected species or State endangered or threatened species ® NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ®B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ®F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ®H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ®D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Clearcutting has occurred within the impact area (W2) of WL 1100. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 1100 Wetland Type Bottomland Hardwood Forest Date of Assessment Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Ratina Summa March 22, 2022 and April 13, 2022 Atlas Environmental YES YES NO YES NO YES Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Soluble Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veqetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Apex Gateway Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County F-1 Yes N No BIN-AGP, LLC Bottomland Hardwood Forest Piedmont Cape Fear Chatham Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region ude/Lonaitude (deci-dearees) March 22, 2022 and April 13, 2022 WL 1200 Atlas Environmental White Oak Creek 03030002 HAW 35.74507°.-78.95626' Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ® Federally protected species or State endangered or threatened species ® NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ®A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ®G ®G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ®D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ®B Moderate density herb layer ®C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Clearcutting has occurred above the impact area (W3) of WL 1200. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 1200 Wetland Type Bottomland Hardwood Forest Date of Assessment Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Ratina Summa March 22, 2022 and April 13, 2022 Atlas Environmental YES YES NO YES NO YES Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veqetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Apex Gateway Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County F-1 Yes N No BIN-AGP, LLC Bottomland Hardwood Forest Piedmont Cape Fear Chatham Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region ude/Lonaitude (deci-dearees) March 22, 2022 and April 13, 2022 WL 1300 Atlas Environmental White Oak Creek 03030002 HAW 35.74450°.-78.95628' Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ® Federally protected species or State endangered or threatened species ® NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ®E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ®E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ®H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ®D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ❑B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Clearcutting has occurred above and along the impact area (W4) of WL 1300. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 1300 Wetland Type Bottomland Hardwood Forest Date of Assessment Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Ratina Summa March 22, 2022 and April 13, 2022 Atlas Environmental YES YES NO YES NO YES Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veqetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Apex Gateway Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County F-1 Yes N No BIN-AGP, LLC Bottomland Hardwood Forest Piedmont Cape Fear Chatham Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region ude/Lonaitude (deci-dearees) March 22, 2022 and April 13, 2022 WL 1400 Atlas Environmental White Oak Creek 03030002 HAW 35.74331°.-78.95695' Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ® Federally protected species or State endangered or threatened species ® NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ®A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ®G ®G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ®D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ®B Moderate density mid-story/sapling layer ®C ❑C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ❑B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ®A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Clearcutting has occurred above and along the impact area (W5) of WL 1400. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 1400 Wetland Type Bottomland Hardwood Forest Date of Assessment Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Ratina Summa March 22, 2022 and April 13, 2022 Atlas Environmental YES YES NO YES NO YES Kin Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veqetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Apex Gateway Date of Evaluation June 28 2024 Applicant/Owner Name BIN-AGP, LLC Wetland Site Name WL 2000 AND WL 2100 Wetland Type Headwater Forest Assessor Name/Organization Atlas Environmental Level III Ecoregion Piedmont Nearest Named Water Body White Oak Creek River Basin Cape Fear USGS 8-Digit Catalogue Unit 03030002 HAW County Chatham NCDWR Region Raleigh F— Yes M No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.7476803.-78.9521657 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ® NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ®A Water storage capacity and duration are not altered. ®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ®H ®H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ®J ®J ®J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ®D From 10 to < 50 acres ®E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent -0 ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ®B Moderate density herb layer ®C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ®B ❑C ❑D 22 Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WL 2000 AND WL 2100 Date of Assessment June 28, 2024 Wetland Type Headwater Forest Assessor Name/Organization Atlas Environmental Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veaetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW ON W WILDLANI7 E N Cy IN E E R 1 N C: Stream and Wetland Credits Statement of Availability July 15, 2024 BIN-AGP, LLC Attn: Jon Morris 500 East Morehead Street, Suite 200 Charlotte, North Carolina 28202 RE: Availability of Stream and Wetland Credits for the "Apex Gateway" project Bank Names: Cane Creek Umbrella Mitigation Bank (WLH IV) & Cape Fear 02 Umbrella Mitigation Bank (WLH VI) Bank Sites: UT to Pine Hill (WLH IV), Bethel Branch (WLH IV), South Fork (WLH IV), Twin Burros (WLH VI), and Flat Rock (WLH VI) Mitigation Sites Bank Sponsors: Wildlands Holdings IV, LLC and Wildlands Holdings VI, LLC USACE Action ID Numbers: UT to Pine Hill (SAW-2016-00219) / Bethel Branch (SAW-2016-02365) / South Fork (SAW-2016-02364) / Twin Burros (SAW-2021-01308) / Flat Rock (SAW-2021-01309) Permittee: BIN-AGP, LLC Stream Credits Needed: 496.5 LF Stream Credits Available: 640.90 LF (WLH IV) Riparian Wetland Credits Needed: 0.289 acres Riparian Wetland Credits Available: 0.254 acres (WLH VI) Anticipated Wetland Credit Release: 5.489 acres anticipated July/August 2024 from Cape Fear 02 UMBI (WLH VI) Cape Fear 03030002 River Basin Dear Mr. Morris, Wildlands Holdings IV, LLC currently has sufficient stream credits from the Cane Creek Umbrella Mitigation Bank: UT to Pine Hill Branch, Bethel Branch, and South Fork Mitigation Sites to satisfy the stream mitigation requirements for the abovementioned project. Wildlands Holdings VI, LLC has sufficient wetland credits from the Cape Fear 02 Umbrella Mitigation Bank: Twin Burros and Flat Rock Mitigation Sites to partially satisfy the wetland mitigation requirements for the abovementioned project. Wildlands anticipates that the Cape Fear 02 Umbrella Mitigation Bank will have a credit release in July/August 2024, and this release will allow Wildlands to satisfy all the requested wetland credits. The Apex Gateway project is located within the Cape Fear River Basin and within the service area (HUC 03030002) approved for these banks. This letter is a statement of credit availability as of the date written. It does not guarantee future credit availability or credit pricing. Credits are sold on a first -come, first -served basis at the pricing identified when an invoice is requested. Invoices reserve both the credits and the quoted price for 30 days. Wildlands Holdings IV and VI, LLC • Wild lands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Oft WILDLANI7 L NCy IN E E R INC A "final" transfer of the credits will be conducted upon receiving a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and wetland mitigation purchase from the banks and upon receipt of your payment to Wildlands Holdings IV, LLC and Wildlands Holdings VI, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact Camden Brunick at (704) 332-7754 x114 or cbrunick@wildlandseng.com if you have questions or need additional information. Sincerely, Z�)CL"r,4w ?;,62�b1'li Daniel Johnson, MBA, PE, PH Wildlands Engineering, Inc. Mitigation Credit Sales djohnson@wildlandseng.com M: (843) 494-2067 Cc: Mr. Jacob Sinclair, PG, PWS, Senior Environmental Specialist I Atlas Environmental Inc. Wildlands Holdings IV and VI, LLC • Wild lands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson August 9, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Layla Tallent ltallent e,atlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road 9411 Charlotte, NC 28211 Re: Construct Droege Aulicino industrial building, 472 NC Highway 751, Apex, Chatham County, ER 22-1832 Dear Ms. Tallent: Thank you for your email of July 20, 2022, 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(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy (� 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 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson July 12, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Layla Tallent ltallent e,atlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road 9411 Charlotte, NC 28211 Re: Construct two industrial buildings, 301 NC Highway 751, Apex, Chatham County, ER 22-1514 Dear Ms. Tallent: Thank you for your email of May 23, 2022, 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, � �Ramona Bartos, Deputy } 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 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson September 19, 2022 Layla Tallent ATLAS Environmental 338 S. Sharon Amity Road, 9411 Charlotte, NC 28211 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. ltallent e,atlasenvi.com Re: Construct Berkut industrial building, US Highway 64 East and New Hill Road, Apex, Chatham County, ER 22-1929 Dear Ms. Tallent: Thank you for your email of August 2, 2022, regarding the above -referenced undertaking. We have reviewed the submission and offer the following comments. We are unable to accurately assess impacts to historic properties within the proposed Area of Potential Effect, specifically the J.B. Mills House and Farm (CH0210). The complex and surrounding property should be evaluated by a Secretary of the Interior qualified Architectural Historian and a report submitted to us for review and comment. We note that interior photographs are necessary for accurately evaluating eligibility under Criterion C. The surveying consultant is expected to make a good faith effort to gain access to structure interiors or in cases where safety/access is an issue they should make visual confirmation of materials and architectural details through a door or window opening. If the consultant is having an issue gaining access, they may contact the Environmental Review staff for assistance. Review our Historic Structure Survey Report (HSSR) Standards for guidance on report requirements (https: //www.ncdcr. gov/state-hi storic-preservati on-offi ce/environm ental-revi ew/hi storic-structure-survey- report-standards). Missing deliverables will cause a delay in processing. Contact Katie Harville, Environmental Review Specialist, katie.harville@ncdcr.gov, with any questions you may have regarding deliverables or the survey requirements. There are no known archaeological sites within the proposed project area. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. 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 ER 22-1929, September 19, Page 2 of 2 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(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �� ,r Ramona Bartos, Deputy (� 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 d srs� North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson December 2, 2022 David Price TRC Environmental Corperation 705 Dogwood Road Asheville, NC 28806 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. dprice@trccompanies.com Re: Construct Berkut industrial building, US Highway 64 East and New Hill Road, Apex, Chatham County, ER 22-1929 Dear David Price: Thank you for your letter of November 7, 2022, transmitting the Historic Structure Survey Report (HSSR), "J.B. Mills House (CH210), Chatham County, North Carolina," prepared by TRC Environmental Corporation. We have reviewed the HSSR and offer the following comments. After reviewing the HSSR evaluating the J.B. Mills House (CH0210), we concur that the house is not eligible for the National Register of Historic Places for the reasons listed in the report. The house and outbuildings have lost integrity due to neglect and vandalism, and while our staff have learned that the upstairs of the house retains good interior architectural integrity, the house and outbuildings have lost too much architectural integrity to convey any significance, regardless of the integrity of the second floor. However, we would like to note the following observations: • The writer included Chatham County history beginning in 1650. It is unnecessary to provide such a detailed historic context from a point that early. A summary paragraph or two of the county's history up to the point of the property's construction (ca. 1910) is sufficient. That should then be followed by a county historical context focused around the time that all but the original ell was constructed. The writer also included a note at the beginning of the evaluation directing the reader to the survey file for additional detail. In future HSSRs, information that the writer wants the reader to know should be put in the report. The writer provides a construction date of ca. 1910, but it would be more accurate to list the date as "ca. 1800; ca. 1910" to account for the rear ell. The house is, essentially, an early 20th century house and was rightly evaluated as such. It is unnecessary to address that early history deeply given that if the house were to be considered eligible, it would be for its ca. 1910 history and characteristics, but the rear ell is clearly discernable as an older house and the construction date should reflect that. We do not recommend changes to the HSSR and accept this version as final. We have determined that there will be no historic structures affected by the proposed project. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 8146570/814-6898 ER 22-1929, December 02, Page 2 of 2 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(2ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer cc Layla Tallent, ATLAS Environmental Sarah Woodard, NC HPO Itallent@atlasenvi.com sarah.woodard@ncdcr.gov Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 8146570/814-6898 SENT OF r QPP �.1 - yFi O A_ 7 i �4gCN 3.`ss United States Department of the Interior Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 10 August 2022 Self -Certification Letter Droege Aulicino (Chatham County) Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 August 11, 2022 Jennifer Robertson ATLAS Environmental, Inc. 338 S. Sharon Amity Road 9411 Charlotte, NC 28211 Re: NC Highway 751 —Chatham County Dear Mrs. Robertson: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.gov/office/eastern-north-carolina/proiect-planning-and-consultation. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ipac.ecosphere.fws.gov/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, ensure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at https://fws.gov/office/eastern-north-carolina. Please check the web site often for updated information or changes. 'The term "federal speciesof concern" refers to those specieswhich the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Ourcomments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission (NCWRC) has developed a Guidance Memorandum (found at https://www.ncwildlife.org/Conserving/Learn-Resources/Ways-to- Conserve) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document and the NCWRC's other conservation recommendations in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pete Benjamin Field Supervisor From: Ellis, John <john_ellis@fws.gov> Sent: Tuesday, October 4, 2022 5:08 PM To: David Rabon; Mann, Leigh Subject: Fw: DUE DATE: AUGUST 25, 2022 Fw: [EXTERNAL] Berkut: T&E Report of Findings and Review Request Attachments: Berkut_T&E_Report_of_Findings_COMPRESSED.pdf David, The Service concurs with your determinations for this project as proposed. John From: Mann, Leigh <leigh mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov> Sent: Monday, August 1, 2022 1:07 PM To: Ellis, John <iohn ellis@fws.gov> Subject: DUE DATE: AUGUST 25, 2022 Fw: [EXTERNAL] Berkut: T&E Report of Findings and Review Request From: David Rabon <drabon@atlasenvi.com> Sent: Friday, July 29, 2022 2:20 PM To: Raleigh, FW4 <raleigh@fws.gov> Cc: Jennifer Robertson <iobertson@atlasenvi.com> Subject: [EXTERNAL] Berkut: T&E Report of Findings and Review Request This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Please find attached the T&E report of findings and review request for the Berkut project located in Chatham County. Fish and Wildlife Service comments are being requested proactively as an Army Corps of Engineers NWP 39 will be required for the project. A preliminary site plan has not been developed. Ajurisdictional determination has been submitted to the Corps of Engineers. The Aquatic Resource Sketch Map is included within the report along with additional resources and photographs. Please let me know if you have any questions. Thank you, David David Rabon. Ph.D. Senior Environmental Specialist ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 512-1206 office (252) 216-0000 mobile www.atlasenvi.com Offices in Asheville and Charlotte ƒ ± / k < E 2 \ � - � / 2 ± 2 2 O cl: w a ❑ ❑ o �❑LL m a o zy❑ 3 waY Q _ w = f °❑ Z m z w m n 0 3 LL 3 w �o x 3 u a u � o z as Yw ; ❑� z�� z — az wO ❑a u ��'z v, o z ❑ > 0❑x °` o a ❑ �3 w o ? Z z m 0S may o o > o- m o a o ZF z _ a fNw° CZ Z Uw P❑ oz❑ w Eo 3o o ; a 'o- ' ❑ wa / j I O o „z ° - 3 op ❑ ❑ ° avY w�� N❑ w / / I I CN z v� ��° aka > °? I i I O N Uwe w- � / I W I I CL Ocu I Y �Z i / (0 z w N , cou U / � N Q a ------ — ---------- ------ z X to N ~ O� o I II O g Q Q L ti CC0 (B N Q O 2)cu ti < m Q Z J M o w � CO in C ❑ a ww (p Q N 02 LL z I �u w � +� O Z C o -�7— m O w O U 0 O - O a LL U W=_3 "r° z Ev v3� LU �Es= z - aE a o a N E d oa Z M e i` VIRONMENTAL 16 July 2024 US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Rachel Capito 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 NC Division of Water Resources 401 and Buffer Permitting Unit Attn: Stephanie Goss and Sue Homewood 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: BIN—AGP LLC +/- 212.302 Acres Apex Gateway 106 NC Highway 751 Apex, North Carolina 27523 Individual Permit Application SAW-2023-00049 DWR-2022-1496 v3 Dear Rachel, Stephanie, and Sue: Atlas Environmental, Inc., on behalf of BIN—AGP LLC (Applicant; Attn: Jon Morris), is submitting the following response to comments received from the North Carolina Division of Water Resources (NCDWR) via email dated March 19, 2024. The NCDWR comments requested additional information or clarification of our prior submitted comments (dated February 20, 2024) on the Individual Permit application and Public Notice (issued October 5, 2023) for unavoidable impacts to wetlands and waters of the United States associated with the proposed Apex Gateway industrial development. Comments and responses have been numbered and provided below as they were presented. Please note that we are now pursuing authorization of the proposed project under Nationwide Permits 18 and 39, and no longer as an Individual Permit. To that end and based on continued conversations with the USACE, we also have revised all aquatic resources sketch maps to clarify jurisdictional wetlands on the project site, and we have divided the maps into the original project sub -sites (i.e., Phase 2A — Droege Aulicino; Phase 2B — Highway 751; and Phase 2C — Berkut). Specifically, we have revised EPH 100 as an intermittent stream now under USACE jurisdiction as CH 100a, conceded USACE jurisdiction of WL 2000 and WL 2100, and removed non -jurisdictional feature EPH 200 because these features and their associates are no longer called into question for ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte - - AQ VIRONMENTAL jurisdictional status. The revised aquatic resources sketch maps for these areas are included herein as attachments for your convenience. NCDWR RFAI 2.0 COMMENT 3: Thank you for the DWR stream forms documenting intermittent streams. Upon further review, I have questions about CH100. The IP application resource table identifies CH100 as 1428 LF of intermittent stream, however the resource maps show that CH100 transitions from intermittent to perennial as shown below. As previously requested, can you please provide DWR stream forms for each section independently, and if possible, provide photo documentation within this area of CH100. If the maps are accurate, please update the resource table and impact tables previously submitted with the application. If you believe the maps are incorrect then DWR would like to conduct a site visit for CH100. "a* Si mam ~ Wd W*a 'M'.d" C Renew JWft$ o �Bf'LS L— ] Q'Y Aw CO. I -ww LlellnMkh F--• � Irdeml�seu � PErert,Ygl 1m4F'. • M k V o,n i ea - aa�r adc Resowce Sketch Mep Fyu- Gce 36. 1 •7� t56S7 07GIC Nr1 4 bLf� ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 7V - - rL VIRONMENTAL tab Fa -502 LF. 0019 Legend d Review Ares +— shlbas C.I Chadiam CA. NrcOs Wineation � ]np_�7�114d11k RIA�t %�PMUI�WNTAL uatfc Resource Sketch Ma MO -030 1M)M MMM: W MYQh" 1Sl tartlgn: ]Ol WC HIQMWVF 751 OPM HG 7r529 Fa: Baxm Pstws Atlrt; ML KmWH =tm Caadratrs: W7i142- •78.9%17 L1gte M1aY L. 1 _. F. NCDWR RFAI 2.0 RESPONSE 3: Unfortunately, the screenshot of the maps you provided in your comments appear to be from an earlier draft version of the project site and are not the maps used for calculating impacts to aquatic resources in the IP. The aquatic resource sketch maps of the IP application show CH 100 as an intermittent stream in its entirety within the project site. Also, as noted above, other aquatic resources have been adjusted based on continued conversations with the USACE. The revised aquatic resources sketch maps are included herein as attachments. NCDWR RFAI 2.0 COMMENT 4: It was unclear from your response that you are acknowledging that any confirmed non -jurisdictional intermittent or perennial streams (isolated streams) will require authorization from DWR for proposed impacts. NCDWR RFAI 2.0 RESPONSE 4: We acknowledge that isolated streams will require authorization under 15A NCAC 02H .1300. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte NCDWR RFAI 2.0 COMMENT 6: 1 understand the response to RAI#5 regarding layout of buildings, parking, internal roads, etc., however the Division does not agree that SCMs cannot be redesigned to provide additional avoidance and minimization based on the response to RAI#5. Based on the response I'm not sure that the original comments was clear, I apologize for that. The areas circled in blue in the snapshot below appear to be impacts that are a result of SCMs. These are not insignificant. In order to document avoidance and minimization specific to SCM design, you must show that alternative SCM types, locations and designs were considered. For example, often wet detention basins can be replaced with multiple bioretention cells or sand filter systems located on either side of a jurisdictional feature, or within parking areas. Is there any opportunity to incorporate Disconnected Impervious Surfaces to decrease the required footprint of the SCMs? The NC Stormwater Design Manual provides for many different potential methods of stormwater treatment. When a project proposes a significant amount of impacts resulting from SCM design/location, as this project does, a thorough evaluation of alternative Stormwater management plans must be provided to show avoidance and minimization to the maximum extent possible. SCM location, type, and design are expected to have more flexibility than building alignments/shapes, parking needs, road infrastructure, etc. detail 1: Paye 2 ------------;-----�-- i j. r Detail 3: Pa e 4 ..... ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte NCDWR RFAI 2.0 RESPONSE 6: Multiple factors (e.g., industry demands, costs, existing technologies, logistics, safety, common sense, and minimization and avoidance of important natural and cultural resources) were given full consideration in the site design. This included building placement, ingress and egress and roadway alignments, and parking areas positioned to allow safe navigation of the site and the sharing of features to reduce impacts to natural resources. SCMs, although not previously or explicitly addressed, are an important part of the site design. As you note, SCMs are typically placed at natural low points in the landscape and sized to provide adequate stormwater management for the areas they serve. These factors also were taken into consideration in the site design. In addition, the projected SCMs are based on design cut and fill requirements and estimated residency or treatment of stormwater. These factors may change in the design build plans and may allow for a reduction in impacts to other aquatic features. For the permit process, we evaluated potential impacts to aquatic resources based on the purpose and need of the proposed project and estimated extent of impact. We also want to refer to information pertaining to stormwater treatment in our original IP application package where it states "All stormwater treatment will meet or exceed the stormwater management requirements for the Town of Apex's Unified Development Ordinance, Chatham County, and the North Carolina Department of Environmental Quality (NCDEQ). Stormwater management plans will be prepared in accordance with a stormwater drainage masterplan to be prepared by a professional engineering firm licensed by the State of North Carolina prior to the development. The stormwater drainage masterplan will address the hydrological characteristics of the entire site, as well as adjacent drainage patterns of relative importance. The plan will address predevelopment conditions and post -development stormwater management for flood control and sediment reduction. This plan will also address stormwater quality to enhance water quality and protect the surrounding freshwater waters and wetlands. Post -development peak run-off shall not exceed pre -development peak run-off for the 24-hour, 1-year, 10-year, and 25- year storm events in accordance with the Town of Apex's Unified Development Ordinance. "Stormwater control measures with the proposed project are designed to avoid or minimize impacts to higher quality aquatic resources and avoid the buffer and tree save area. The proposed stormwater control measures also are at natural low points for the project site and in the best location to collect the most impervious area runoff so that it can detain and treat stormwater as required. Alternative designs, such as Low Impact Development practices, are not always practical for industrial developments because the amount of impervious surface area is typically more concentrated than comparably sized impervious surfaces for residential or commercial developments. Similarly, underground stormwater control measures may not be suitable on sites with shallow bedrock. Nevertheless, the stormwater control measure design within an industrial development can include components to mimic the natural processes of retaining rainwater. "The proposed project will include grass and treed islands within the parking lots that will retain rainwater and the natural buffer areas between and around the proposed ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 5 development will allow a natural soak into the ground. Additionally, the proposed project will include a minimum of two (2) acres of wetlands to be constructed North of US 64 to facilitate additional nutrient removal above the Town of Apex's Unified Development Ordinance requirements. The proposed project also will include Green Stormwater Infrastructure measures within the project limits above the Town of Apex's Unified Development Ordinance requirements. At least two of the following Green Stormwater Infrastructure measures shall be included prior to receiving a certificate of occupancy of the third building: bio-retention areas totaling a minimum of 6000 SF; a minimum of 5000 SF of permeable pavement systems; and rainwater harvesting (cisterns) with a minimum capacity of 2500 gallons. In addition, educational signage will be displayed where Green Stormwater Infrastructure devices are located, and such locations shall be opened to the public and community groups for educational purposes." With regard to your identified areas, now labeled A, B, and C in the map above, you noted that the project proposes a sizable number of impacts resulting from SCM design/location. As noted above, SCM location, type, and design were thoroughly evaluated to reduce impacts to wetlands and streams. Specifically, we note that that of the areas that you expressed concern about in your comments, wetland WL 1400 (Area A) has a total impact area of 0.234 acres, of which approximately 0.059 acres is associated with SCM construction, and wetland WL 1300 (Area B) has a total impact area of 0.007 acres associated with SCM construction. Intermittent channel CH 200 also is associated with the construction of a SCM, and has an impact area of 0.004 acres. The ephemeral channel (previously identified as EPH 2O0, Area C) is a non -jurisdictional feature that has been removed in the revised aquatic resources sketch maps attached. The total impacts associated with these SCMs are 0.066 acres of wetland impact and 0.004 acres of intermittent channel impact. We suggest that this level of impact to aquatic resources is a testament to the attention given to avoiding and minimizing impacts to the greatest extent possible on an industrial site that includes 19 industrial buildings, 12 commercial/retail buildings and outparcels, ingress and egress roadways, parking, and other infrastructure on a 302.16 acre property. NCDWR RFAI 2.0 COMMENT 7: The response states that a new SCM will be placed above the upper reach of CH 100 and CH400 and WL 1400 to ensure hydrology is fed to these features. I see on the plan sheets where an SCM outlet drains to the top of CH 100 but I do not see any SCM feeding the remaining portion of CH400. NCDWR RFAI 2.0 RESPONSE 7: In the updated proposed site plan a new SCM will be placed above the upper reach of streams CH 100 and CH 400 and wetland WL 1400 that will feed flow downstream to these reaches. The discharge of the SCM does not directly flow into any of these features but rather above all the features (CH 100, CH 400, and WL 1400). The undisturbed upland buffer around the remaining streams and wetlands will continue to provide flow from rain events and groundwater to these aquatic resources. The discharge of the SCM will assist in maintaining flow to these aquatic reaches. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 6 i` VIRONMENTAL NCDWR RFAI 2.0 COMMENT 9: It is DWR's understanding that the 2008 Final Rule on Compensatory Mitigation supersedes the Memorandum referenced in your response, but we recognize that this is within the USACE authority with regards to their mitigation requirements. In order to ensure that DWR regulations are satisfied with regards to mitigation, it would be extremely helpful to clearly document the DWR mitigation requirements separate from the USACE requirements so that we may determine whether the proposed preservation will be relevant to DWR. To that end, would you please itemize all perennial stream impact amounts in linear feet and all wetland impacts in acreage. As you know, DWR requires mitigation for perennial stream impacts equal to or greater than 300 linear feet and for wetland impacts equal to or greater than 0.10 acres. Please provide a clear accounting of the proposed mitigation strategy for DWR requirement mitigation amounts: what type and amounts of mitigation will be provided via in -lieu fee, mitigation bank, and PRM Preservation. If DWR required mitigation amounts are proposed to be provided in whole or partially by on site PRM, then further evaluation of this strategy will be necessary by DWR. NCDWR RFAI 2.0 RESPONSE 9: It is our understanding that the 2008 Final Rule on Compensatory Mitigation for Losses of Aquatic Resources (Federal Register 73:19594- 19705) was not meant to replace the Wilmington District Process for Preservation of Mitigation Property (November 2003), but rather the former was "to establish standards and criteria for the use of all types of compensatory mitigation, including on -site and off - site permittee-responsible mitigation, mitigation banks, and in -lieu fee mitigation to offset unavoidable impacts to waters of the United States authorized through the issuance of Department of the Army (DA) permits pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and/or sections 9 or 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401, 403)." The Final Rule also implements "section 314(b) of the 2004 National Defense Authorization Act (Pub. L. 108-136), which directs that the standards and criteria shall, to the maximum extent practicable, maximize available credits and opportunities for mitigation, provide for regional variations in wetland conditions, functions, and values, and apply equivalent standards and criteria to each type of compensatory mitigation." In as much, we included reference to the Wilmington District's guidelines in our previous comments as a useful tool for consideration in the application of the preservation of mitigation property. We also contend that the presence of the guidelines on the Wilmington District's website suggests that the information remains relevant in the application of preservation as compensatory mitigation (https-//www.saw. usace.army.m i I/Portals/59/docs/regulatory/regdocs/Mitigation/preservatio n_process_11-03.pdf). We also reference the 2001 National Research Council report, entitled Compensating for wetland losses under the Clean Water Act (also referenced in the 2008 Final Rule), that stated "wetland preservation is an important tool for maintaining wetland diversity in a watershed, and achieving the goals of the Clean Water Act in that watershed. Preservation is particularly valuable for protecting unique, rare, or difficult -to -replace ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 7 aquatic resources, such as bogs, fens, and streams, and may be the most appropriate form of compensatory mitigation for those resources." In the 2008 Final Rule, the USACE recognized "that wetland preservation does not, in the short term, result in new wetland resources and thus contribute to the "no overall net loss" goal, but over longer time periods preservation helps reduce wetland losses by removing the protected wetlands from the pool of wetlands that may be subject to future development activities that require DA permits." They continued with "[a]quatic resource preservation, when combined with restoration or establishment activities, can provide important aquatic services in a watershed." The 2008 Final Rule also stated that "[d]ecisions on whether to allow preservation as part of a compensatory mitigation package will be made by the district engineer, based, to the extent appropriate and practicable, on the watershed approach." Some district offices have formalized their position on the subject in more recent guidelines (e.g., Charleston District's Guidelines for Preparing a Compensatory Mitigation Plan, last revised October 7, 2010). Specifically, the Charleston District states that "the preservation of upland buffers and riparian zones that protect the remaining aquatic resources on the project site as part of an overall compensatory mitigation plan should be encouraged to avoid and minimize ongoing and potential future adverse impacts." They even go as far as to incentivize the use of on -site preservation by stating that "permit applicants that protect [the remaining wetlands] in perpetuity using site protection instruments may be eligible for a 25% reduction in the total amount of compensatory mitigation required to offset a proposed project." We fully understand that the decision to allow for on -site preservation of the remaining wetlands and the application of a 25% reduction in the total required compensatory mitigation is at the discretion of the Wilmington District Engineer. However, based on the changes in the identification of aquatic resources on site, we are no longer seeking a 25% reduction in the amount of required mitigation credits, nor are we seeking the preservation of the remaining aquatic resources and upland buffers. Nevertheless, we are happy to itemize all perennial and intermittent stream impacts in linear feet and all wetland impacts in acreage. Please reference the impacts and mitigation summary in the table below. Green highlighted areas identify USACE jurisdictional aquatic resources and orange highlighted areas identify NCDWR jurisdictional aquatic resources. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte J a z w Z fT Z LU o y U LO LO LO C C vi O O O O 00O O O O N O O O O p p C) C) C) C) C) C) C)� E O O O O O O U `o U (6 LL 00 O U? O O O O O O O O O O O O U) U O `O Q ID V O O coCfl f� O N O M _ � O N O O O O O O O CD O O O O O + V OD N O O N O O O I� O O O l00 O CO l0 Q O O O O O O O O O O O O O O O O O O O O N O LL J U m f— O r- i0 00 00 co Cl) N fl_ E 0 m rn c w v_ a w w U w w Z U LL Q Z U Z U = LL _ LL = LL Z U = LL _ LL _ LL _ LL = LL Z U LL LL LL LL LL LL LL U Z o Z Z Z Z LL LL w LL v C cn CNn U) CO � E z w w w w w w ❑ w w w w ❑ w ❑ ❑ ❑ w w w ❑ ❑ ❑ ❑ ❑ ❑ ❑ v Q Q Q Q ❑ Q Q c Q Q Q Q c Q c c c Q Q Q c c c c c c c w U U U U U U 0 U U U U 0 U 0 0 0 U U U 0 0 0 0 0 0 0 3 >>>> z>> z>>>> z D z z z>>> z z z z z z z c 0 c 0 c 0 c o o N c o c 0 m 0 m o m o m 0 m 0 m o m 0 m 0 m 0 m 0 m m 0 N " " If —_ — " fA m m m m N N U1 fA N N N N N N N ~ N Y Y N Y (6 > > > > N > (6 (6 (6 (6 (6 (6 (6 (6 (6 (6 C - C C C C C — — — — — — — — — — - o U) U) m m m m m m U m m m m m m m m m m Q¢ U U U U U U U U t N N N N N N N N N N N N N N N N N N N N N N N N N N N d N E m Z N (D O O m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CD O CD O CD O CDN i O O O O N O C-)O O O O N M �O CO I� O O O O CDC) N M V LO � z O = _ _ _ _ _ = J J J J J J J J J J N J N J N J Cl) J M J co J co J Cl) J Cl) J 0 U U U U U U U d Q' l0 0 N O O N O O O O N N N 0 L V(DU — C m ate+ N = i 00 > N CD cu_ Q c � O � O 'CL) to Q o J o � Q t > U m 0 11 0 0 Q c 0 `m t U Proposed permanent stream impacts to USACE jurisdictional streams are limited to intermittent streams CH 100, CH 2O0, and CH 400, and total 388 linear feet. Proposed permanent stream impacts to NCDWR jurisdictional streams are limited to intermittent stream CH 300, and total 388 linear feet. No perennial streams are being impacted. Thus, mitigation for stream impacts is limited to USACE jurisdiction compensatory mitigation at a factor of 1.5.1 for a total of 496.5 mitigation credits. Updated NC SAM forms based on the most recent site visit with the USACE are included herein as attachments. Proposed wetland impacts to jurisdictional wetlands are limited to wetlands WL 1100, WL 1200, WL 1300, WL 1400, WL 2000, and WL 2100 and total 0.289 acres. Thus, all mitigation for wetland impacts is limited to USACE jurisdiction compensatory mitigation at a factor of 1.1 for a total of 0.289 mitigation credits. Updated NC WAM forms also are included herein as attachments. The following table identifies the jurisdictional impacts requiring mitigation. Required Impact Linear Name Type Measure Acres Factor Mitigation Name Feet Credits CH 100 S1 Intermittent LF 97 0.014 1.5 145.5 CH 200 S3 Intermittent LF 111 0.004 1.5 166.5 CH 400 S4 Intermittent LF 123 0.005 1.5 184.5 WL 1100 W1 Wetland AC 0.010 1 0.010 WL 1200 W2 Wetland AC 0.016 1 0.016 WL 1300 W5 Wetland AC 0.007 1 0.007 WL 1400 W3, W4 Wetland AC 0.234 1 0.234 WL 2000 W6 Wetland AC 0.021 1 0.021 WL 2100 W7 Wetland AC 0.001 1 0.001 0.289 AC 496.5 stream TOTAL 331 LF Wetland 0.289 wetland Only Thank you for allowing us to respond to additional comments from NCDWR on the proposed project. Please contact me if you need any additional information. Best regards, jeOW4, dl&4z VAO-, Jennifer L Robertson, President JRobertson@atlasenvi.com ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 1 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 10