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HomeMy WebLinkAbout20190320 Ver 1_401 Application_20190311Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20190320 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 * owed? r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information .......................................................................................................................................................................................................................................................................................................................................................................................... Name: W. Brandon Fulton Who is subrritting the information? Email Address: bfulton@ecslimited.com Project Information .................................................................................................................................................. Project Name: Trevey Site Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Rowan Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent Trevey Site - PCN Application_SAW-2016-02133.pdf 7.33MB Only pdf or lQm files are accepted. Describe the attachments: PCN for minor impacts to naturalized stormwater bmp (now a wetland) and small amount of stream impact associated with a distribution center. One copy has been sent to the USACE. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: VIV f241-16-411 I�A,1 Orr Submittal Date: tfilled inautomatically. ECS SOUTHEAST, LLP Geotechnical • Construction Materials • Environmental 3820 Faber Place Drive, Suite 200 North Charleston, South Carolina 29405 Telephone 843-654-4448 Fax 843-884-7990 Ms. Catherine Janiczak Regulatory Project Manager US Army Corps of Engineers Charlotte Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 We are sending you the following items via: LETTER OF TRANSMITTAL Date: March 8, 2019 Project No. 49: 7298- B COPIES DATED DESCRIPTION 1 March 8, 2019 Nation Permit 39 — PCN Submittal — Trevey Site These are transmitted as checked below: X For your use As requested REMARKS Please find the attached PCN for Nationwide Permit 39 for the Trevey Site in Salisbury, Rowan County, North Carolina. If you have any questions please contact Brandon Fulton at (704) 409-7744 or bfulton ecslimited.com SIGNED: COPY TO: NC Division of Water Resources ECS SOUTHEAST, LLP "Setting the Standard for Service" �- Geotechnical - Construction Materials - Environmental - Facilities NC Registered Engineering Firm F•1078 NC Registered Geologists Firm C-466 SC Registered Engmeenng Firm 3239 March 8, 2019 Ms. Catherine Janiczak Regulatory Project Manager US Army Corps of Engineers Charlotte Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Reference: Pre -Construction Notification Application Request for Nationwide Permit 39 (Commercial and Institutional Developments) & Water Quality Certification General Condition No. 4139 Trevey Site (SAW -2016-02133) Longferry Road and Interstate 85 Salisbury, Rowan County, North Carolina ECS Project No.: 49: 7298-B Dear Ms. Janiczak, Please find the attached Request for Pre -Construction Notification for the approximate 88.5 acre Trevey site located southeast of the intersection of Long Ferry Road and Interstate 1-85 in Salisbury, Rowan County, North Carolina. The purpose of the project is to construct an industrial use for Griffin Industrial Realty (Griffin). Background The site is located southeast of Long Ferry Road in Salisbury, NC. The site is comprised of two parcels, referred to by Rowan County GIS as parcel identification numbers 052096 and 052093. ECS has performed several site visits to delineate the property within the past three years. Subsequently, the USACE has performed two site visits to verify our findings. Wetland B and Linear Wetland C were both Stormwater BMP's as part of a stormwater management plan when the site was originally graded several years ago. No Stormwater Management Plan documents were able to be obtained to document Wetland B and C as Stormwater BMP's; therefore, the USACE determined Wetland B and Linear Wetland C to be jurisdictional wetlands. The aforementioned wetland areas are shown on a map verified by the USACE and labeled `Approximate Waters of the U.S. and Wetlands Location Map, included as an attachment to this application. ECS received an Approved Jurisdictional Determination (SAW -2016-02133) dated January 23, 2019, from Ms. Catherine Janiczak with the Charlotte Regional Office. The approximate boundaries of these waters are shown on the enclosed delineation maps submitted with the original JD request. A copy of this letter is attached. Project Description The purpose of the project is to construct a building to be utilized as a bulk distribution center. The building will be approximately 690,500 square feet in size. The distribution center will be for e-commerce fulfillment, which has a specialized material handling system. The system requires ECS Capitol Services, PLLC - ECS Florida, LLC - ECS Mid -Atlantic, LLC - ECS Midwest, LLC - ECS Southeast, LLP - ECS Texas, LLP www.ecslimited.com 620 feet of depth and truck circulation. There will be approximately 650 parking stalls, and anticipated employee count of 1,600 within 3 years. Impacts & Mitigation The client proposes to place an industrial building/ bulk distribution facility on the site. The building has been designed to be 40 foot clear which results in an approximate height of 53 feet. The higher clear height reduces overall building footprint, reducing impacts to streams and wetlands. The e-commerce distribution process has specific material handling equipment to accommodate its supply chain, as well as access and fire protection needs, which requires a 620' deep building. The building has been rotated beyond the ideal or normal layout in order to reduce wetland and stream impacts, while maintaining necessary trailer storage and parking. Reduction in trailer court size has taken place to the minimum feasible to further limit the impacts to wetlands and streams while still meeting minimum design requirements for the facility. All attempts have been made to provide maximum green space while minimizing impact to wetlands and streams. The small amount of impact proposed to wetlands and streams are needed due to facility requirements for a specific user with a specific material handling equipment to accommodate its supply chain, access and fire protection needs, which requires a 620' deep building. The small amount of impact proposed to wetlands and streams are un -avoidable due to building requirements for the e-commerce distribution operation. Based on the current site layout, the proposed permanent impacts include 101 LF of jurisdictional intermittent stream and 0.166 acre of jurisdictional wetlands. Based on the total proposed stream impacts being less than 150 LF, stream mitigation is not proposed. Total proposed wetland impacts are greater than 0.1 acres; therefore, wetland mitigation is proposed as part of the permit application. Mitigation for the proposed wetland impacts will be procured through payment into the N.C. Division of Mitigation Services (DMS). ECS completed NC WAM forms for both jurisdictional wetland areas B and C, in which the wetland areas scored as low. Based on the information from the worksheet and field observations, ECS is proposing mitigation for the wetlands at a 1 -to -1 ratio. Copies of these forms are included as attachments. ECS reviewed the Ribits website in an attempt to find stream mitigation credits in the Salisbury, Rowan County area or within the Yadkin -Pee Dee watershed. According to the Ribits website, mitigation banks and available credits are not located in the area. ECS contacted Ms. Kelly Williams, In -Lieu Fee Program Coordinator, with the DMS. On March 8, 2019, ECS received the NCDMS Mitigation Credit Approval letter in order to reserve the appropriate wetland mitigation credits to mitigate for the proposed impacts on site. A signed copy of the request form and the NCDMS Mitigation Credit Approval letter are attached to this permit application. Water Quality Certification (WQC) ECS is submitting this PCN electronically to the North Carolina Division of Water Quality, to request the use of General WQC 4139. Since the project is located in a Phase II — Stormwater Management Section, the Stormwater Management Plan is being reviewed and approved by Rowan County. 2 Closing On behalf of Northpoint Development, ECS respectfully requests the use of NWP 39 to authorize the proposed permanent impacts to 101 LF of jurisdictional intermittent stream, and 0.166 acre of jurisdictional wetlands. The attached permit application, project information, and associated attachments provide details pertaining to the proposed project impacts. ECS looks forward to your attention to this request. Please contact us at (704) 525-5152 or dvalentine(a-)_ecslimited.com, or (704) 409-7744 or bfulton(a)ecslimited.com with questions or if additional information is required. Sincerely, David E. Valentine, REM, PWS Senior Environmental Project Manager pstephens(a-ecslimited.com 843.284.7823 W. Brandon Fulton, LSS, PSC, PWS Environmental Principal bfulton(a)ecslimited.com 704.409.7744 Attachments: Preliminary ORM Form Pre -Construction Notification Application Appendices Approved Jurisdictional Determination (SAW -2016-02133) Signed Owner Authorizations Exhibits Approved JD Waters Map NCWAM Forms NCDMS Mitigation ILF Approval Letter SHPO Letter NHP Letter Rowan County Parcel Info CC: North Carolina Division of Water Resources Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2016-02133 Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Trevey Site Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: ❑Private ❑ Institutional ❑ Government ❑✓ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: See attached appendices. 4. Property Owner / Applicant [PCN Form A3 or A4]: Vernon Powell/James Lyerly 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Mr. Brandon Fulton, ECS Southeast, LLP 6. Related Action ID Number(s) [PCN Form B5b]: SAW -2016-02133 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 1.3 miles east of the intersection of LongFerry Road and N. Salisbury Avenue. Latitude: 35.691114, Longitude: -80.400085 8. Project Location— Tax Parcel ID [PCN Form Bla]: 052096 and 052093 9. Project Location — County [PCN Form A2b]: Rowan 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Salisbury 11. Project Information — Nearest Waterbody [PCN Form 132a]: Town Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03040103 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # 39 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes NX No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. X❑ Yes N No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. N Yes NX No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Trevey Site 2b. County: Rowan 2c. Nearest municipality / town: Salisbury 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Vernon Powell/James Lyerly 3b. Deed Book and Page No. See attached deeds 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 29169 / 1031 Mocksville Ave. 3e. City, state, zip: Greensboro / Salisbury, NC 27429 / 28144 3f. Telephone no.: 336-337-5940 / 704-232-9217 3g. Fax no.: 3h. Email address: vernonbpowell@gmail.com / jllyerly@aol.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: Buyer, under contract 4b. Name: Mr. Ian McDonald 4c. Business name (if applicable): Northpoint Development 4d. Street address: 4825 NW 41st Street, Suite 500 4e. City, state, zip: Riverside, MO 64150 4f. Telephone no.: 816-384-2292 4g. Fax no.: 4h. Email address: mcdonald@northpointkc.com 5. Agent/Consultant Information (if applicable) 5a. Name: W. Brandon Fulton 5b. Business name (if applicable): ECS Southeast, LLP 5c. Street address: 1812 Center Park Drive, Suite D 5d. City, state, zip: Charlotte, NC 28217 5e. Telephone no.: 704-525-5152 5f. Fax no.: 5g. Email address: bfulton@ecslimited.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 052096, 052093 1 b. Site coordinates (in decimal degrees): Latitude: 35.691114 Longitude: -80.652591 1 c. Property size: 88.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Town Creek Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin Pee -Dee 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of open land previously graded along with some wooded portions. The surrounding properties consists of single-family residences, agricultural fields, commercial properties, and wooded land. 3b. List the total estimated acreage of all existing wetlands on the property: 0.486 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,071 3d. See Explain the purpose of the proposed project: appendices. 3e. See Describe the overall project in detail, including the type of equipment to be used: appendices. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? ❑X Yes ❑ No ❑ Unknown Comments: SAW -2017-01514 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): ECS Southeast, LLP; Dave Valentine Agency/Consultant Company: ECS Southeast, LLP Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2016-02133 dated January 23 , 2019. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.123 W2 P Fill Headwater Wetland Yes Corps 0.043 W3 Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.166 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill Stream A INT Corps 3 100.8 S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 101 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See appendices. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See appendices. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.17 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 50% 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site is located in a Phase II Stormwater district, therefore, the Stormwater Management Plan will be reviewed and approved by Rowan County. 2e. Who will be responsible for the review of the Stormwater Management Plan? Rowan County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Rowan County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. County/city Salisbury The site will be served by Rowan of sewer infrastructure. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes 0 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See attached NC NHP correspondence letter. ECS has performed multiple site visits on the property, and no T&E have been identified. A letter has been sent to the USFWS regarding our findings. That letter will be provided upon receipt. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? ECS sent concurrence letters to the NCSHPO office on December 26, 2017, but has not received a response letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes 0 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map Service Center GIS viewer, included in maps. 0. Brandon Fulton 03-08-2019 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 INC Registered Geologists Firm 0-406 SC Registered Engineering Firm 3239 Appendices: B. Project Information and Prior Project History 3d. Explain the purpose of the project: The purpose of the project is to construct a building to be utilized as a bulk distribution center. The building will be approximately 690,500 square feet in size. The distribution center will be for e-commerce fulfillment, which has a specialized material handling system. The system requires 620 feet of depth and truck circulation. There will be approximately 650 parking stalls, and anticipated employee count of 1,600 within 3 years. Proximity to Interstate 85, building size, and building depth are requirements of the e-commerce facility. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed development consists of one large industrial building, BMP stormwater ponds, and associated parking lots. Site access will be located off of Long Ferry Road, and two entrances and exits will allow for appropriate ingress/egress for traffic flow and emergency vehicle access. Typical materials and machinery will be used on-site during the construction process. D. Impact Justification and Mitigation la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing protect: The client proposes to place an industrial building/ bulk distribution facility on the site. The small amount of impact proposed to wetlands and streams are un -avoidable due to building requirements for the e-commerce operation. The building has been designed to be 40 foot clear which results in an approximate height of 53 feet. The higher clear height reduces overall building footprint, reducing impacts to streams and wetlands. The e-commerce distribution process has specific material handling equipment to accommodate its supply chain, as well as access and fire protection needs, which requires a 620' deep building. The building has been rotated beyond the ideal or normal layout in order to reduce wetlands impacts, while maintaining necessary trailer storage and parking. Reduction in trailer court size has taken place to the minimum feasible to further limit the impacts of the wetlands and streams while still meeting minimum design requirements for the facility. All attempts have been made to provide maximum green space while minimizing impact to wetlands and streams. Based on the current site layout, the proposed permanent impacts include 101 LF of jurisdictional intermittent stream and 0.166 acre of jurisdictional wetlands. Based on the total proposed stream impacts being less than 150 LF, stream mitigation is not proposed. Total proposed wetland impacts are greater than 0.1 acres; therefore, wetland mitigation is proposed as part of the permit application. Mitigation for the proposed wetland impacts will be procured through payment into the N.C. Division of Mitigation Services (DMS). ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniaues: Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for the proper installation of the facility. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02133 County: Rowan U.S.G.S. Quad: NC -Salisbury NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Vernon Powell / James Lverly Address: P.O. Box 29169 / 1031 Mocksville Ave. Greensboro / Salisbury, NC 27429 / 28144 Telephone Number: 336-337-5940 / 704-232-9217 E-mail: vernonbpowellna gmail.com / illverlvna,aol.com Size (acres) 88.5 Nearest Town Salisbury Nearest Waterway Town Creek River Basin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude: 35.691114 Longitude: -80.400085 Location description: The review area is located on the south side of Long Ferry Road, 1.3 miles east of the intersection of Long Ferry Road and N. Salisbury Avenue. PINS: 052096 and 052093. Reference review area description in Jurisdictional Determination Request package entitled "Figure 1 Site Location Mad'. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/20/2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters including wetlands, on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW -2016-02133 ® The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/16/2019. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine Janiczak at 704-510-1438 or Catherine.m.i aniczak(&usace.army.mil. C. Basis For Determination: Basis For Determination: See the approved Jurisdictional determination form dated 1/23/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 2/23/2019. **It is not necessary to submit an RFA form to the Division Office ifAyMpeXou do not object to the determination in this correspondence.** 587066 JANICZAK.CATHERINE.MARIE.1535 DNic=US!o=U:bGo rnmentou=DoDo^uAPKI,Iou=USA, Corps Regulatory Official: 587066 DateAMQAK.0 07.47:N1 -05'0 E.1536687066 Date: 201 9.01.23 07:47:41 -05'00' Date of JD: 1/23/2019 Expiration Date of JD: 1/22/2024 SAW -2016-02133 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.artny.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: ECS Southeast, LLP Dave Valentine Address: 1812 Center Park Drive, Suite D Charlotte, NC 28217 Telephone Number: 704-525-5152 E-mail: dvalentine(k,ecslimited.com SAW -2016-02133 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND a JL REQUEST FOR APPEAL A licant: Vernon Powell / James L erl File Number: SAW -2016-02133 Date: 1/23/2019 Attached is: See Section below LAPPROVED PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL C JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.q=.mil/Missions/CivilWorks/Re ugulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the fixture. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SAW -2016-02133 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Catherine Janiczak CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Catherine Janiczak , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION L• BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh, RowanWorks Trevey-Lyerly Site, SAW -2016-02133 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Rowan City: Salisbury Center coordinates of site (lat/long in degree decimal format): Lat. 35.691114' 1, Long. -80.400085° �. Universal Transverse Mercator: Name of nearest waterbody: Town Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin River Name of watershed or Hydrologic Unit Code (HUC): Town Creek 'Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): USACE Site Visit 1.15.19. SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 'Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There W "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 ❑ TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 4,050 linear feet: 5 width (ft) and/or acres. Wetlands: 0.48 acres. c. Limits (boundaries) of jurisdiction based on: lineation Manual Elevation of established OHWM (if known): Unknown. 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: acres Drainage area: acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through - tributaries before entering TNW. Project waters areick List river miles from TNW. Project waters are lick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: - Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: =List. Characteristics: Subsurface flow: 11LIist. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.1 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: M Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain:. Wetland quality. Explain: . Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: �t Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the - floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: FAC neutral community. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an) All wetland(s) being considered in the cumulative analysis: Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:. . Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: e TNWs: linear feet width (ft), Or, acres. Q Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries had moderate flow, bed and banks, moderate siniousity and an OHWM Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 11I.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: Stream A - —1884 linear feet — 4' width; Stream B = —164 linear feet — Y widith; Stream C = —124 linear feet — 5' width, Stream D = —1878 linear feet--5width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting stream C and stream B. Wetland adjacent to stream A. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: wetland A = --0.32, wetland B = —0.04 acres, wetland C _ 0.12 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATEI WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" 0 which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: 'See Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. q Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. 4 Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). 'Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): N Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 6 (Dated 01/16/2019). ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: [� U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Salisbury Quad, 1 "=2,000'. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey. National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: FEMA. ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Aerial Photo Dated 2015; Google Earth. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Streams and wetland onsite flow offsite to Town Creek (RPW), which flows into Crane Creek (RPW), which flows into the Yadkin River-Pee Dee River (RPW/TNW), which flows into the Atlantic Ocean. ECS CAROLINAS, LLP "Selling the Standard for Service" Geotechnical • Construction Materials . Environmental • Facilities ; Agent Authorization Property/Site: C �) T Address of Site: L o Fc r r 5 F. J T r' f .ice St Te Parcel identification Number (PIN). 052- 016 Owner Information: Name: V kr �o Address: �} O 17J �K 20f t &-1 ��-Le ns bum n.JL Z-7L(ZL Telephone Number. 3 - >-,> 7 Fax Number: 2z> (P - 2 F Z„. 72-69 E-mail Address:y e- r n o n 5 p o"4A (® Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USAGE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USAGE and the NgpWqA iqldyarification �fV permit application: Property Owner Signature: Date: ECS Capitol Services. PLLC • ECS Carolinas, LLP ECS Central, PLLC • ECS Florida. LLC »- ECS Merl Atlantic, LLC+ ECS Midwest, LLC - ECS Southeast, LLC • ECS Texas, LLP , o/ecsllmited.com EWq ECS CAROLINAS, LLP "Setting the Standard for Service" -- Geotechnical ■ Construction Materials • Environmental • Facilities Agent Authorization Property/Site- < U e r I U Address of Site: L on 1�-_e r + T Parcel Identification Number (PIN): S Z D 3 Owner Information: Name: �jA...eI L. Lyerly Address: ID?/ owaGkfyrl/-e /jye.- Jr 4• fl L 2 / yy Telephone Number: 7 a 272 - 1 t 17 Fax Number: E-mail Address: � I( V{ r ot o l. C-0 Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to fumish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application: Property Owner Signature: Date: I _ /— /-L, /Z s ECS Capitol Semices, PLLC- ECS Carolinas, LLP - ECS Central. PLLC - EGS Florida LLC- ECS Mid -Atlantic, LLC - ECS Mid:vest, LLC • ECS Southeast, LLC- ECS Texas LLP wmw ecslimlted com 01 1 '/ -f J -- GRAPHIC SCALE IN FEET Jr 1 1 \ 11 \ rJ 1 I ) ) i� // - J� >-- �\ _ :� o ✓ / % --/i iii//ii ,i, / _ I r r •iir,`.� /_/ /_� -� -� �: � \ ) 0 50 100 200 f J30'STREAMBUFFER _(TYP.) -_ '/ J/) \�tirfi'= �` �„�1 _�z �J��l' 7�\\� \\�L ✓�,�'�° ��\`1..<C'l\l \ 7 \�� )�I /tel �✓✓// / /-i -1 \Oma= t ) r i i� / lJ l L �/�i, -i ^�i�� _ =� fl\ /7 ��1\ ^� � I\�t�\\\�\\\��c�\ � �- r�/�/ - ��� /�!� STREAM �o � �� ,`;\\�� , � - \•!�, I � �';�! a; ��%/ii' ` ���.- .. \ \ � \�,_�'`'• � � \ \ \ �\\\, \ � moi" .-" ij• i / 1 / �- �� l 7 \I ( ( If _ _ / n //,/ '_ \Q L �` \ \ vv v v v . 1,872.5 LF ONSITE 1 v�v( vA \vl�\ \ \ �14A1\l I11�11I I A �I li �`�`�///i �/v i/�i� /�//�< /�-/ii-�• �� �,-i���'%�/ i Ji)//J1! 1l c�l l Jil i<i�%- ii �6/���//' - �_� _ -�� -�/-_ --Jti --��� \\i /V`//L// �/ �/rll>l /� ��\/ol�\��1 /�1 /�4 II , �\r\ \_�l ) l G�C ��-11 I l �l1 t/! v/ /z\� tii l� �/l„'CLvQ� l / %)A / /1 IrA�I 1 !"/ I1 l5 �`-/ OQI1 - /��/ %�_/ r/�✓/o /• / / )v r ANNUAL CHANCE f HANCEr l,1 \119j"71FLOODPLAIN BOUNDARY / I % \ HANCE1%ANNUALC1 (p- FLOODPLAIN BOUNDARY �, I / %' /7 `%1 °\\\ 1 / j� r If II / (( 1 l 1 ( \\ 1 O / ///J / / I —_ _ \ \ \ \\ \� ✓ L 1 1 )1 I _ � /� � D `/ AA � ��v��) � CJI° �� i-'t-L�� l / i � %= � ��� �; =� �r/l lI1 �/ri'/= v� �� A ) l ) )6 I J ( //i 1 ) / I , /1 /ll � I� �-�-� �� i 7 / '� � � A� / t � I I (/ / / / / / > � 1 a � � � /�� � � �I II I I ✓M / / �i )-w� i ^, v \ l�% �'i^Vvvvrl / / �i l✓ /-� /�Z _ / / ) O��/ice^ i��� /"Fob -f / I l �i/� /',i�i _"- �Ci �•--' / IIII I�/ � // � / / � / /� vv) On , / �� / �// // / t✓/ ✓y � I / / =���/ / / r L (\��� L / / / j ls, �. // a /(~/ Lfr I0 / `/�/�r 'ii l // 1 I Ill/// /`\\- ti —� \ r \ 1 / � < f///tel I J'� �. �/` / � � \ \� � - i i � /// l/l /I � / / J/ /J kr �� J/ / /� / �V // I / // i - �� �� n v - / v /�-'���` l o�w�m✓ \ �� . / ` 71 , / / I / / , J� / - - - / /,/// / / yn WETLANDS TO REMAIN mgr y�4r h� o STREAM 1:2,199 LF ONSITE UNDISTURBED: 0.32 ° AC. '':b �'s \ Q �� v vvv / / ✓) / /' / J r r / ,moi / / A .� lf 1 / r / Z %/ / 1 / / v i 9l I ( WETLAND Vl( / /� i/-_/ L ^� / / J I �I,�, ) -1- jk / 5 S tin \ - \17l� \�� \ � \\\\ ! 6�^ i i I f � � ! r , � � � _ / 2: 0.043 AC. \\ Ot \ vCJ / WETLAND 1:0 WE .123 AC . �+ \\ \EXISTING PAVED \ \�� 44Z lb±`�-I�,�\ ROAD \ = -_ --- TOTAL ONSITE EXISTING WIRE FENCE@� \7 T \\\\ 130' STREAM BUFFER-��.✓^-�\\\��\�JL��,� ----- _ _ \�� \\ 1 P. \ �l\ 111 / \� t� - \ -- ����`�:1)�hVlll') 1 f n � � J WETLANDS (Ac.)0.48 vvv � � v v\ I I -, _ %` \ �\ 1 STREAMS (LF) 4,071.5 _1k7, �\�\\\--= � ✓�\\� \) \) l ( \ 111 Ill 1 1 c _ 9 /%s( ✓ �� tf''✓f �����vvA� `��`�� 1(\�:; ll\\l\\�VAAAA1V1(l� 1 /r A1�°AA lAt 11 A�°�VA (� ,�`� PROJECT KODIAK - ONSITE STREAMS AND WETLANDS DATE: 02-06-2019 SHEET 1 of 1 Kimley)))H o r n 200 SOUTH , NON STREET, SUITE 200 ©2018 I CHARLOTTE, NORTH CAROLINA 28202 PHONE 704-333-5131 � 1)'f ' I I / Q /T, I ,% IZ I` I<\ I V 17� �1 I J/ i v 7-� / I / /�S J / GRAPHIC SCALE IN FEET j���� l�A \ / /���� �� _��� /v�V 0 50 100 200 3osrREnM"euFFER =I�/ STREAM TO REMAIN —---- f�-- _ —° UN TUR — BED '��=��,�, _- / �i __-CrL-r..ti1L_1�- �� _ •(\ ��t�ifii�A��\ I `�j% i✓�..il)�1� _ i y _ J LOD 777 r � PROPOSED I X \ C A VA 7 ✓AVS i:, v 111 GRADING LIMITS - - - _ �,jl � 1 fj/1' s �y� 'i �V���A��\ �A�, ._ �-- � � ... ✓....,... V l � -. _ / < / i-, � `( 1%ANNUAL CHANCE 7'I� I A — �� FLOODPLAIN BOUNDARY eflt E�eVatlO�: 6%�.���� vv �� 0.2% ANNUAL CHANCE wave 1 FLO —� v ODPLAIN BOUNDARY f ti / �� � � \)� ; PROPOSED _ — i�I 11 / j II / ) GRADING LIMITS � _ - /� - / A l / I I l i i v �' � I )'q �� E u a Pb P; ROPOSED BULDING FOOTPRINT FFE: v / ` 675.00 r ) / J i So J / I � / /J STREAM1 IMPACT: �% 00.8 LF OF DISTURBANCE WETLANDS TO REMAIN WETLAND 2 IMPACT: UNDISTURBED 0.043 AC. OF Y _� A e� DISTURBANCE �° j 1 r STREAM 1 ( WETLAND 1 IMPACT:�_��— J % — 0.123 AC. OF DISTURBANCE \ ' EXISTING P, _ - ♦ S PAVED�� 'A — _ N RAD O , V �� FCR �J�� .lam - _ -PROPOSED Six\� -i_�30 STREAM BUFFER \ x �/T 4' /I 0� T -.-C- __,7III GRADING LIMITS • _ =__ ITYP.) j EXISTING WIREFENCE: - 'ftNW4),W4 8 �NFTCH �/ ,�. TOTAL S 1 ✓' I�` �-'rrJil TLANDS (Ac.) 0.166 --7-6 11i11 �; _ _— Al STREAMS (LF) 100.8 ) \ )I III I I JS l✓ s `rrF �Ar Ar 1Nt- 6g� Pc., PROJECT KODIAK - STREAM AND WETLAND IMPACTS DATE: 02-12-2019 SHEET 1 of 1 LICENSE#F-0102 200SOUTH TRYONS TREET, SUITE 200 ©219 CHARLOTTE NORTH CAROLINA 28202KimleY*HornNCONE 704-333-5131 NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: NCDWR #: Project Name Trevey Site Date of Evaluation July 15, 2018 Applicant/Owner Name Vernon Powell / James Lyerly Wetland Site Name Wetland B and C Wetland Type Headwater Forest Assessor Name/Organization ECS Level III Ecoregion Piedmont Nearest Named Water Body Town Creek River Basin Yadkin-PeeDee USGS 8 -Digit Catalogue Unit 03040103 County Rowan NCDWR Region Mooresville ;Yes E ;No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.691114, -80.400085 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately 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. r Anadromous fish F Federally protected species or State endangered or threatened species F NCDWR riparian buffer rule in effect F Abuts a Primary Nursery Area (PNA) F Publicly owned property F N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) F Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout F Designated NCNHP reference community F 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 of 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) 2. 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 for each group below. 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 foot 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 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 E ; B Soil ribbon >_ 1 inch 4c. A No peat or muck presence B A peat or muck presence 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) 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). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F A r A F A >_ 10% impervious surfaces F B r B F B Confined animal operations (or other local, concentrated source of pollutants) F C r C F C >_ 20% coverage of pasture 7 D r D F, D >_ 20% coverage of agricultural land (regularly plowed land) F E r E F E >_ 20% coverage of maintained grass/herb F F r F F F >_ 20% coverage of clear-cut land F G F G F 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 dainage and/or overbank flow from affectio the assessment area. 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 r;No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (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. F, <_ 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 tributary or other open water sheltered or exposed? F, 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. 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. E ;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) CA CA CA >_ 500 acres C B E B E B From 100 to < 500 acres CC E C E 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 CG C G r, G From 1 to < 5 acres C H C H r, H From 0.5 to < 1 acre I E I E I From 0.1 to < 0.5 acre CJ CJ r,J From 0.01 to < 0.1 acre E K E K C K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) CA Pocosin is the full extent (>: 90%) of its natural landscape size. C B Pocosin 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 evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric 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, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely CA CA >_ 500 acres C B C B From 100 to < 500 acres CC E: 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. EYes C 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 z 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 directiions? If the assessment area is clear-cut, select option "C." CA 0 B 1 to 4 CC 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) CA 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. CC 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) CA Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). C B Vegetation diversity is low or has > 10% to 50% cover of exotics. CC Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? E Yes C 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. CA >_ 25% coverage of vegetation C 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. AA WT CL CA CA Canopy closed, or nearly closed, with natural gaps associated with natural processes � C B C B Canopy present, but opened more than natural gaps v E:C E:C Canopy sparse or absent o CA F,A Dense mid-story/sapling layer E:B E:B Moderate density mid-story/sapling layer CC F,C Mid-story/sapling layer sparse or absent CA CA Dense shrub layer B E: B Moderate density shrub layer 0 CC CC Shrub layer sparse or absent 9 CA F,A Dense herb layer L] B F, B Moderate density herb layer E;C E: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 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) CA 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. CC 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. CA Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). EB 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. CA B CC CD 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. CA Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. CC Overland flow is severely altered in the assessment area. C D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland B and Wetland C are older stormwater control measures that include several small dug out areas connected via ditching. The aforementioned have developed wetland characteristics. Surface hydrology of the site has been manipulated to drain towards Wetland B and C. Visual evidence of the features being man made is available via Google Earth; however, no approved stormwater plans have been identified listing the area as such. Therefore the features are considered jurisdictional at this time. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland B and C Date July 15, 2018 Wetland Type Headwater Forest Assessor Name/Organization ECS Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -Surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition MEDIUM Condition/Opportunity MEDIUM 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 LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW ROY COOPER Governor MICHAEL S. REGAN SeOW-Y TIM BAUMGARTNER. Dkecw Ian McDonald Northpoint Development 4825 NW 41st Street, Suite 500 Riverside, MO 64150 Project: Trevey Site NORTH CAROLINA &vdronnrea W Quaft March 8, 2019 Expiration of Acceptance: 9/8/2019 County: Rowan The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin impact Location Impact Type Impact Quantity — I(8-d!9it HI Yadkin 03040103 Riparian Wetland 0.166 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 0213 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Brandon Fulton, agent e:!er:fD_ Sincerely, Jar> es. B Stanfill Asset, anagement Supervisor North carotins Department of Fnvirorvnenral Quality I Division of Mitigation Services 217 W. Jones 5trret 11652 Mall Service Center I Raleigh, North Carolina 276991652 919.707.8976, North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton February 22, 2019 Jenna Dew ECS Southeast, LLP Office of Archives and History Deputy Secretary Kevin Cherry Re: Commercial Development, Trevey Site, Long Ferry Road, Salisbury, ECS 49:8529-A, Rowan County, ER 19-0736 Dear Ms. Dew: Thank you for your letter of February 4, 2019, concerning the above project. 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 919-807-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 60KRamona M. 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I, I@ I@IP,I31P,131►ii 15I N C N H D E-8422: Trevey Site f Jr�ds Lnmt+ _ Bodo- o` sz Lncoln Ave 3 ' _ C Gram SI YO �• `{idv i7QT or 0, Jr-ee st NWh,lebeed Ave "-ta ��o ase rc o '� Trading Ford Is rygro S Bedell Ave - Pe ,Ura�d o Rd 5>-vvl` Spencer d S1 ,� t^ P N ss• l Sm Ury m QO S\ ro u g East Spencer - �s � v o r G� idrr Ny c—e Cree1, W+E S March 8, 2019 Project Boundary Buffered Project Boundary Managed Area (MAREA) IIIIIII.V;1 ZIP, i 51►1:12� 1:26,492 0 0.225 0.45 0.9 mi 0 0.35 0.7 1.4 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), —sstopo, © OpenStreetMap contributors, and the GIS User Community ConnectGIS Feature Report https://rowan2.connectgis.conVDownloadFile. ashx?i=_ags_map4c06dab... AWI V ETI Rowan2 Printed February 20, 2019 WEB HOSTING See Below for Disclaimer Surrowding [aunties 051052 ' 051 077 - " x Major Raads - X051 052 •. — z eR oltervdk s- 051 029-....051'076 - f INTERSTATE 4_ 051065- 0511027051x075 _ x He ~ � — u I1N`+ Reatla 051 054—otrtarr,srneet TPEN ER 052095 05209G —oRarFINPi1Cti33soP eENcru - ' x f{ 051 0 — URN[5HLVIK,32 LESS KWE 051 aPri'LWT.KCf.55E5#{R491 IraUST M � � � — raonnI raxourar LxrLw.br 052,187 052 185 — QfF,piR.WP� STATLMAIN"rtIHEUItOADS 052 172 uNITEDSTA,TBmi6mmy f*. 'JItflOHiil x 052210• RaIbLE11fE EASEMENT.IE WEMEHT.MISC 052 143 casFMFNT-wrx r " - EASEMENT-UTLL 052 211. 05 86 — Ghi-0PIPELINE .r. INT,RbrxaV r.. r .;? 052 096 LARE„ ++' LEAMR-UNE LON" PAKEL PAMEL4R.7r€ RIVIM 052 093 054 001 — 0CYLD RO W R OADA4LY [O RR4;MM S-WFAM x.+ CC timiti 1.5 Parcel Irdorma4an Pntiate I Gu'urrmut 7� DNr F76 1 ti � GEyiRIiGr�El % T PEN ER ■ � T E MaAh Hurrrts iar,4part ._ 1 : 544 Feet FwDEI Information Livres 11 1 of 2 2/20/2019, 3:04 PM ConnectGIS Feature Report http s:Hrow an2. connectgi s.com/DownloadFile. ashx?i=_ag s_map4c06dab... OBJECTID Parcel ID Owner Name (Last First) 9947 052 096 EPTING JAMES EDWARD Second Owner Name Tax Address Tax Address 2 427 RICHMOND RD Qty State Zip Code SALISBURY NC 28144-2853 Dist Code Neig Clas Neig Code 115 001 52C Ex Code Land FMV Assessed Land Value 1733548 1733548 Building Value Assessed Value Deed Book 0 1733548 1280 Deed Page Book Prev Page Prev 358 Deed Year Plat Page Date Sold 2016 20161117 Sale Inst Sale Amount Qual Code WD 0 E Legal Description Calculated Acre Property Address 78.13AC 78.13 1215 LONG FERRY RD This information was prepared from the Rowan County, NC Geographic Information System. Rowan County has made substantial efforts to ensure the accuracy of ocation and labeling information contained on this site. The information provided is a representation of various City and County data sources and does not serve as 3n official map. Rowan County promotes and recommends the independent verification of any information contained on this site by the user. Rowan County makes -io warranty or other assertion as to the fitness of the maps for any particular purpose and neither Rowan County nor it's agents or employees shall be liable for 2 of 2 2/20/2019, 3:04 PM Page 1 of 2 MAP S/M PAR S/P U/IN L/IN C/C PART INT 052 096 3 Rowan County Assessor's Office This certifies that there are no delinquent ad valorem real estate taxes, which the Rowan County Tax Collector is charged with collecting, that are a lien on: Property Identification Number 052 096 This is not a certification that the Rowan County Property Identification Number matches this Deed description. Tonya Parnell CWR 11-17-2016 03:00:39 Rowan Co. Tax Collections Manager Clerk Date/Time Type: CONSOLIDATED REAL PROPERTY Recorded: 11/17/2016 3:02:53 PM Fee Amt: $26.00 Page 1 of 2 Revenue Tax: $0.00 Rowan, NC J. E. Brindle Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Prepared by and return to: Schell Bray PLLC (JBH) (without title examination) P.O. Box 21847, Greensboro, NC 27420 Excise Tax: NTC Parcel Id: 052 096 Brief Description for the Index: THIS DEED made effective the 16a` day of November, 2016, by and between GRANTOR ANDREA EPTING POWELL, Trustee of the Trust under the Will of Hazel F. Epting 103 Elmwood Terrace Greensboro, NC 27408 GRANTEE JAMES E. EPTING (widower) 427 Richmond Road Salisbury, NC 28144 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all that certain lot or parcel of land situated in Rowan County, North Carolina and more particularly described as follows: ALL of that certain tract of land located in Salisbury Township and more particularly described in Deed recorded in Deed Book 624, at Page 951, in the Office of the Register of Deeds for Rowan County, North Carolina, to which deed reference is hereby made for a more particular description. LESS AND EXCEPT all portions of said property conveyed to others since the acquisition of the tract in Deed Book 624, Page 951. The property herein described was conveyed to Grantor by instrument recorded in Deed Book 1273, Page 302, Rowan County Registry, from James E. Epting, Executor of the Estate of Hazel F. Epting. See Estate File No. 15 E 578 in the office of the Clerk of Superior Court, Rowan County, North Carolina. See also, Deed Book 750, Page 601, Rowan County Registry. 494022v1 submitted electronically by "Schell Bray PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Rowan County Register of Deeds. Book: 1280 Page: 358 Page 1 of 2 Page 2 of 2 This Deed is a conveyance of the one-fourth undivided interest acquired by Hazel F. Epting at Deed Book 750, at Page 601. The property hereinabove described does not contain the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Easements, restrictions and rights of way of record, and ad valorem taxes for the current year. IN WITNESS WHEREOF, Grantor has duly executed the foregoing as of the date and year first above written. Andrea Eptin_gPqeVell, 4pting tee of the Trust under the Will of Hazel STATE OF NORTH CAROLINA X10111611WKSTWO101 • : P I, Donna G. Mackey, a Notary Public, do hereby certify that Andrea Epting Powell personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Date: November 16, 2016 "JillIvIllpI" (Official Seal) �o PG. M'qe, *,,# a NpTARY c� e -� r f,41 'Vo 08 !, ���dlalll��b` 494022v1 Book: 1280 Page: 358 Page 2 of 2 L6-�. Donna G. Mackey, Notary Public My commission expires: April 19, 2018 ConnectGIS Feature Report https://rowan2.connectgis.conVDownloadFile.ashx?i=—ags—mapO9ea083... AWRowan2 CONNECTGIS Printed February 20, 2019 WEB 1105MIG See Below for Disclaimer MBJGF ROAdS Oil QdWlqbollt> orrEvsTATE -f l52 143 Roads — CITYI.TCYM STREET — DFUYL 11N PROCESLOF MING M& DANE SEPANG 2 M LESS HOME PENCE DRIYEIHA-7 ACCESSES 3011MOI WTFF5TATE 052211 MXTM CAN OLEO HIGHMI CM011 PtAMPA SIATE MAil,iVurii!i) ROAM UNITED STATES HIGH WAW M2 171 Parcel Oetail 1 of 2 2/20/2019, 3:01 PM RIDGE -LINE MEMEKIT-IE MEMErjr-M15c LASEPAIENIT.Alk 052096 CkS-PrP(L*d *4T.ROW.LIKE 052 092A LAKE LAKE -H LEAMR-UNE 052 093 LOT4jNL PARCEL PAMELHCK)K Rivu RIDAD-RCW ROAD-9cw-FROPEGED [ikyLimits Parcel iriftcmatiDn Jf �vo5xmnerR .' Cemr E16 Eftat-014 054009 EAT SPENCER i Homes larApd 1 227 Feet Parcel Irrkwination Lines 0 1 of 2 2/20/2019, 3:01 PM ConnectGIS Feature Report http s:Hrow an2. connectgi s.com/DownloadFile. ashx?i=_ag s_map09ea083... OBJECTID Parcel ID Owner Name (Last First) 10899 052 093 LYERLY JAMES L & JACK N LYERLY Second Owner Name Tax Address Tax Address 2 LYERLY GLENN ROBERT 1031 MOCKSVILLE AVE Qty State Zip Code SALISBURY NC 28144-2413 Dist Code Neig Clas Neig Code 115 001 34A Ex Code Land FMV Assessed Land Value 103104 103104 Building Value Assessed Value Deed Book 0 103104 870 Deed Page Book Prev Page Prev 967 Deed Year Plat Page Date Sold 2017 8250 0 Sale Inst Sale Amount Qual Code 0 X Legal Description Calculated Acre Property Address TR3 8.16AC 8.16 MONTCLAIR DR This information was prepared from the Rowan County, NC Geographic Information System. Rowan County has made substantial efforts to ensure the accuracy of ocation and labeling information contained on this site. The information provided is a representation of various City and County data sources and does not serve as 3n official map. Rowan County promotes and recommends the independent verification of any information contained on this site by the user. Rowan County makes -io warranty or other assertion as to the fitness of the maps for any particular purpose and neither Rowan County nor it's agents or employees shall be liable for 2 of 2 2/20/2019, 3:01 PM Page SEE ADL)jEjyD UM 96 0870 07 PIL1D ROW coni i de '2/20/1999 4:43 !It 0GUIE M. fiAnrRUDT ''agister Of p**Qs Excise Tax U Recording Time, Book and Page Tax Mtt1P6.Map_No. 052, ,Parcel 093 and Map, 030,.. Pnrcel Identifier No.., - Verified by .... ........ .. ........... County on the day of by..... ......... ... _. .._ ._... _ _ .. ..... _ _ .. _. ...... .. Mail after recording to . ..... ...... _ ...... _ .. .... _ _ ... This instrument was prepared by Card M. Short Jr. P..0.. Box. 829,. Salisbury, NC. 28145 Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this _ 28th'_. day of . December ..... .. . . . .. , 1999 , by and between BURLENA N. LYERLY GRANTOR GRANTEE ,TAMES L. LYERLY, a one—third undivided interest; JACK NIXON LYERLY, a one-third undivided Interest; and GLENN ROBERT LYERLY, JR., a one-third undivided interest 320 Steeple Chase Trail Salisbury, NC 28144 Enter In opproprlate block for each parte: name, address, and, If appropriate, characler or entily, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter ag required by context, WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Salisbury Township, Rowan. County. North Carolina and more p:irticularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference, A. C. Ra, Uvic. Form No. 3 Z ?976, Roix l 11977 —j._-1 .—s C- n. e�• e 1w55 ,. c. nr.•., �,�. N a 11 — - tve, x 9()5$3 Page 2 of 4 The property hereinabove described was acquired by Grantor by instrument recorded in .._ ... A map shoeing the above described properly is recorded in P14Lt Look .. „ - page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and nppurtenance3 thereto belonging to the Grantee in fee simple. And the Grantor covenants frith The Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, atlfd that Grnntor ]rill warrant and defend the title against the lawful claims of ail persons whomsoever except for the exceptions hereinafter stated. Title to the properly hereinabove described is suhject to the following exceptions: Easements, restrictions and rights of way of record. tN WITNESS R"HEREOf', the Grantor has hereunto set his hand and seal, or if corporate. has rausrd this instrument to be signed to Its corporate naeue by Its duly authorized officers and its seat to be dereuhtu affixt 6y authorh y of Hs Board of Directors, the day and )tat first above written. -•------- --- -----------------•-- --------------------. - r�/_US!!R'!!.4^-:_-`---rLV -- --------._(56AL) (Corporate Namt) BURLENA N. LYERLY X.C DY: --•--•------•------• --------------- ----------------------- -- ------------------------- •------------- •------------------ -(SEAL) ------ President S ATTEST: ......... ------------------------------(SEAL) ____________________________Secretary (Corporate Seal- t SEAL -STAMP NORTfI CAROLINA,.__pWan___--------Cuunt). t Notary Public or the County and state aforesaid, certify that BVWNA. N. MRLY ---•.-_-- ' t7FFlCiAt_ 5 EAL x ---t -----•----'-- -- ----- -------------------�--�---------•-•'---•------ ---•-------- ---- O nator, ` ho:.7 mt�_-North Cl -o t 1 ___._ iN ROWANCOUNT)k pt+nolly appeared before me this day and acknowledged the execulfcr, of the faregoina instrument. Witness my i LINDA W. SAFRI•t:28t}1 t, p ha and official Stamp or Seah this ________ day or __pNCemlagr___________________________ 199 `f1.,,,r.i.i-.rte-�-�-..�•..� ..r-rr My commission expires: 1/23(2004- -__- ___ , d44{ � j ?-�f Notary Public _ _________ i SRAL-STA51P NORTH CAROLINA,----------------------------------Cavrily. 1, a Salary Public of the County and State aforesaid, certify That ----------------------- ---------------- A A personally came before me [his day and acknowledged that _.-_ he Js ________________ ---------- Secretary of c _.______________________________________________________ a punts Carolina cofporallon, and that by agLhorlty duip u lien and as the art of the corporation, the ioTegoilig instrument was signed In Its name by Els President, sealed with as corporate seal and attested by ----------- as its ___________________________ Secretary. Witness my band and ollicmi stamp or seal, this ....... day of ___________________________ ...... 115 commission expires ________________________ ------------------- Notary PubLLe The foregoing Crrtlficatcl) of __._ 11199te- ill-.-_Safrit:s_a_3'Iotiiry. ub.��.Ga _Rvst�n-County_._13v_ra._ear.oUOa-_____•__- Is lave- ertlficd to be correct. This instrument and this rerD[Lcate are duly rtglsLered it the dale and time and In the Hook and Page alratra on the rlrat page hereor. B_0B. 1.E tl._J�6 •- T-------•------}-,-- -----•---• --------•---.REGISTER OF' DEEDS frOR-----RQWA -----------------------COUNTY By ___._._-- _ ___. :______ •__-DePuIYNltsistill-Re&latrr of Deeds ► z-z9-7Yll S. f.-. Har ,Assoc. Folin Nu. -1 e' 1976. Rhixtil r IV77 +_.e+" rzs. s.0 c c 27mfS /� ' — N C 6.1 � _ - 1901 2 Page 3 of 4 EXHIBIT "A" Lying and being in Salisbury Township, Rowan County, North Carolina TRACT ONE: Parcel One: BEGINNING at a stake on the Long Ferry Public Road, the northeast comer of Lot 15, which adjoins the lands of Lyerly on the east, and runs thence with the Long Ferry Road in a northwesterly direction 337-1/2 feet to a stake in the middle of the front line of Lot No. 14; Usence, South 17 deg. West, a line through the middle of Lot 14, 1857-112 feet to a stake in the middle of the rear line of Lot 14, and at a point 337-112 feet distant front the eastern edge of a 16 foot road; thence, in a southerly direction, through the middle of Lot 16 to a stake on the creek at a point, the comer of Lots 24 and 25, thence, with the meanderings of the creek, in an easterly direction, 621 feet to a stake on the creek at the comer of Lots 25 and 16; thence, North, 1292 feet to a stake, the southeast comer of Lot 15; thence, North, 160 feet to a stake; thence, North 15 deg. East, 1727 feet to the b4nning comer, containing 33.85 acres, more or less, and being all of Lot 15 and the eastem half of Lot 14 and the eastern half of Lot 16 as shown on the map of W. E. McWhirter and C. H. Kluttz of the T. P. Johnston lands near East Spencer, N. C., which map is registered in the Register's office of Rowan County. There is excepted from the above described property the riparian or flooding privileges on 7.3 acres thereof which privileges were conveyed to the Tallahassee Power Company by deed on record in the office of the Register of Deeds for Rowan County in Book of Deeds 191, page 59. For back title see deeds recorded in Deed Book 221, page 505, Book 171, page 31 and Book 287, page 231, in the office of the Register of Deeds for Rowan County. Parcel Two: BEGQNNING at a stone, Glenn Lyerly's corner in Miller's line, South 17 degrees West 1857 feet, more or less, from the Long Ferry Road, and runs thence with Lyerly's line, North 17 degrees East 148 feet to a stake, a new comer in Lyerly's line; thence three new lines as follows: (1) Porth 72 degrees West 50 feet; (2) South 17 degrees West 702 fed; and (3) South 72 degrees East 149 feet to a stake in the right of way of the by-pass and in the original line of Glenn Lyerly and E. E. Miller; thence with Lyerly's line, North 8 degrees East 564 feet to the BEGINNING, containing 1.3 acres, more or less. For back title see deeds recorded in Deed Book 171, page 107 and Deed Book 399, page 193, in the office of the Register of Deeds for Rowan County. From the above-described property there is excepted a 1.311 acre tract described further in Deed Book 589, at Page 47. There is also further excepted a 2.714 acre tract described further in Deed Book 446, at Page 359. There is excepted all that property describedui a certain Consent Judgment with the North Carolina State Highway Commission described in Deed Book 394, at Page 255. Parcels One and Two were previously combined for tax purposes into one tract. It is the intention of the parties hereto that the parcels remain combined for tax purposes. TRACT TWO BEGINNING at an iron stake in the southwestern margin of Seventeenth Street, comer of Lots 6 and 7, and runs thence with the line of Lot 7, South 72 degrees I I minutes West 165 feet to an iron pipe; thence South 23 degrees 07 minutes West 134.6 fact to an iron pipe in the line of Lot 3, thence with the lines of Lots 3 and 5, North 71 degrees 59 minutes East 254 feet to an iron pipe in the soutlrwestem margin of Severrteenth Street; thence with the southwestern margin of said street, North 18 degrees 01 minutes West 100 fed to the point of BEGINNING, and being Lot 6, Block "C" as shown on the property survey prepared for Hugh Pinkston, by Hudson & Almond, Surveyors, dated June 30, 1977, and plat of Elizabeth Heights on file in the office of the Register of Deeds, Rowan County, in Book of Maps, page 953. W, Page 4 of 4 Rowan County Assessor's Office Multiple Parcel Identification Tract/bet ::I-_ Tract�t �_ Tract/Lot Tract/Lot Tract/Lot Tract/Lot Tract/Lot Tract/Lot Tract/Lot Tract/Lot Tract/Lot Ttact/Lot Tact/Lot Tract/Lot Tract/Lot 11AP I 51M PAR SIp UIIN LOIN I C!C I PART INT MAP SItiI PAR sOP WIN UIN uc PART INT 0. /80 7Y N:AP 51x.1 PAR SiP UIIN LOIN [IG PART INT MAP 5?1 PAR SIP UIIN LlIN CIC PART INT iti1AF Sim PAR SIP r, LlIN jC;Cj PAR7lNT MAP TIPA PAR S!P WINLllk CrC PART IN AP SIM PAR SIP WIN LAN CIC I PART IHi f MAP 5!M PAA SIP UIIN UIN CIC PAR71NT MAP 15imi PAR I sip I UOIN LIIN CIC PART INT MAP SIM PAR I SIP I UIIN UIN ICIGI PART I INT MAP SIM PAR s!P UIIN Lh. C1C PART IHT _� r— MAPIS' M PAR SIP Ul1N LIN c;c PAR7 INT tSAP 5'M PAR SIP wad LNN cIc PART I INT L MAP siM PAR SIP I WIN VIN CIC PART IN LMAP ISOM PAR I SIP WIN UIN crt PART INT