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HomeMy WebLinkAbout20110677 Ver 3_MidAtlantic Industrial_Section 404_401 Permit Appl Rev_March 2024_20240325DAVEY..",- Resource Group March 22, 2024 TO: US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 1617 Mail Service Center Wilmington, NC 28403 Raleigh, NC 27699-1617 RE: Mid -Atlantic Industrial Project; Brunswick County, NC Standard Permit/Individual 401 WQC Application Action ID# SAW-2008-01015 DWR Project # 20110677 To Whom It May Concern: In November of 2022, Davey Resource Group, Inc. submitted a Section 404/401 permit application for the Mid -Atlantic Industrial Project to the USACE and NCDWR on behalf of the Brunswick Business & Industry Development. This project is located north of U.S. Highway 74/76 in Brunswick County, NC and proposed impacts to 11.7 acres of non -riparian wetlands and 1.58 acres of non -stream Waters of the US to construct an EV battery manufacturing facility and buildings for associated suppliers within the industrial park. The NC DWR issued an Individual 401 WQC authorizing these impacts on 4/11/2023. The USACE has not yet issued a permit. The development footprint of a portion of the overall project was recently modified to accommodate a manufacturing facility for Epsilon Advanced Materials. This increased the project area by approximately 50 acres in the central part of the part. It also increased proposed wetland impacts to 14.79 acres and open water channel impacts to 1.95 acres. Enclosed is a revised Section 404/401 permit application for this project. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MID -ATLANTIC INDUSTRIAL PROJECT Brunswick County, NC Section 404/401 Permit Application March 2024 TABLE OF CONTENTS, FIGURES, & APPENDICES 1.0 ENGINEERING FORM 4345 2.0 AUTHORIZATION FORM 3.0 PROJECT NARRATIVE 4.0 TABLE OF IMPACTS PROJECT AREA MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph SITE PLAN DRAWINGS Figures 5 & 6. Preferred Site Plans Figures 7 & 8. Rejected Site Plans APPENDIX A. WETLAND INFORMATION APPENDIX B. STREAM FORMS, WETLAND ASSESSMENT FORMS, MAP, PHOTOS APPENDIX C. RARE SPECIES INFORMATION APPENDIX D. LCFUMB CREDIT RESERVATION LETTER 1.0 ENGINEERING FORM 4345 U.S. Army Corps of Engineers (USACE) Form Approved - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. Expires: 01-08-2018 The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc- alex.esd.mbx.dd-dod-information-collections(a)mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR APPLICATION TO THE ABOVE EMAIL. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. System of Record Notice (SORN). The information received is entered into our permit tracking database and a SORN has been completed (SORN #A1145b) and may be accessed at the following website: http://dpcld.defense.gov/Privacy/SORNslndex/DOD-wide-SORN-Article-View/Article/570115/al 145b-ce.aspx (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Bill Middle - Last - Early First — Kim Middle - Last -Williams Company -Brunswick Business & Industry Development Company — Davey Resource Group, Inc. E-mail Address - bill.earlyCciDbrunswickbid.com E-mail Address — kim.williams@davey.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address-1175 Turlington Avenue, Suite 202 Address- 3805 Wrightsville Avenue; Suite 15 City - Leland State - NC Zip - 28451 Country -USA City -Wilmington State NC Zip -28403 Country - USA 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business (910) 408-1603 c. Fax a. Residence b. Business 910-452-0001 c. Fax 910-452-0020 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SEE ATTACHED SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Mid -Atlantic Industrial Project 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Bear Creek Address: Off Hwy 74/76 15. LOCATION OF PROJECT Latitude: 34.305932 -N Longitude:-78.179067 -W City - Northwest State- NC Zi - 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 01400001; 0140000102, 0140000104; 0140000201 Municipality Northwest Section - Township - Range - ENG FORM 4345, MAY 2018 PREVIOUS EDITIONS ARE OBSOLETE. Page 3 of 1 17. DIRECTIONS TO THE SITE From Wilmington, take Highway 74/76 into Brunswick County. Site is on the right, just before entering Columbus County (see Figure 1). 18. Nature of Activity (Description of project, include all features) The project consists of constructing an EV battery manufacturing facility and other buildings intended for use by suppliers o the EV battery industry. The EV battery manufacturing facility will be located in the northwestern part of the site and is made up of thirteen separate buildings (total of 5,776,300 sf) with parking and access corridors to be planned between buildings. Access to the site will be provided off of Highway 74/76. A spine road will run along the western project boundary o provide access throughout the tract. Rail access will be provided from the CSX Railroad, which is currently located just north of the site. The rail will extend into the central part of the tract. Two separate parking areas will be located in the northwestern and southwestern portions of the site. The Epsilon Advanced Materials facility will be located in the central part of the site. Two additional buildings will be located in the southern part of the tract (See Project Narrative). 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the project is to construct an EV battery manufacturing facility and supporting suppliers within the Mid tlantic Industrial Park, and by doing so, to provide significant economic benefits to Brunswick County and the region. (See Project Narrative). USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge To provide a large, level site on which to construct a manufacturing facility, supporting buildings, parking, and access roads (See Project Narrative). 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Clean, compacted sub -grade soil materials, clean ABC aggregate, pavement etc Amount in Cubic Yards TBD 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) 14.79 acres of 404 wetlands & 1.95 acres of jurisdictional Waters of the US (non -stream) 23. Description of Avoidance, Minimization, and Compensation (see instructions) The applicant evaluated several off -site and on -site alternatives and determined that the preferred project is the least environmentally damaging yet practicable alternative (see project narrative). The applicant proposes to mitigate for the unavoidable wetland impacts by purchasing credits from the Lower Cape Fear Umbrella Mitigation Bank at a 1.5:1 mitigation to impact ratio. ENG FORM 4345, MAY 2018 Page 3 of 2 24. Is Any Portion of the Work Already Complete? ❑ Yes �X No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- Previously Submitted City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. DRG (Agent) 03/22/24 SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, MAY 2018 Page 3 of 3 2.0 SIGNED AGENT AUTHORIZATION FORM DAVIEY#. Resource Group APPILLCANT AGENT A L1T1 IORTZATION FORM ro wI lialb! IT MAY C.XNM ., I. liho umin igod, bcrcby AkghCirrZd LAY* ROCINIft GIXKLp W OUL ;kS GUF #g4nS kp Ike prepraLian and mpLmmialcm -ul iplAi pLicln rvLBwd LLl the SoLfioa 44W401 pcLrniiL 4jprlic-u6Dn for L i - i y1jC - lFkt Vial 111,vk TK-o*S lu.�in Heumui& County, NC. All q%icsiiorts .�'� My irl y, Simi Nprm Dmw ��uuu,¢�vury� cem + Phane: Sid_d9-Ma , F■r:4iftA;t.Ntl $H5 VAr hl{UIII0 A.MaILUD, SUlta 11+ W11W*TW% NC 2901 3.0 PROJECT NARRATIVE PROJECT NARRATIVE MID -ATLANTIC INDUSTRIAL PROJECT BRUNSWICK COUNTY, NC MARCH 2O24 Action ID# SAW-2008-01015 DWR Project # 20110677 INTRODUCTION The Mid -Atlantic Industrial Park is located immediately north of U.S. Highway 74/76 in the western part of Brunswick County, North Carolina, adjacent to the Columbus County border. On behalf of a prospective user, Brunswick Business & Industry Development (Applicant) is applying for an Individual Permit for wetland and Waters of the US impacts needed for the development of an 813-acre portion of the industrial park. The proposed development includes an Electric Vehicle (EV) battery manufacturing facility with additional buildings planned for potential suppliers of the battery industry. Total proposed impacts from the project are 14.79 acres of wetlands and 1.95 acres of non - stream Waters of the US. The original Section 404/401 permit application for this project was submitted in November of 2022 and proposed impacts to 11.7 acres of wetlands and 1.58 acres of open water channels. NCDWR issued a 401 WQC for the project and the USACE is still reviewing the application. The site plan for the industrial park was recently modified to include the Epsilon Advanced Materials (EAM) facility and the Duke Energy substation in the central part of the tract. The layout of this facility requires an expansion of the project boundaries by 50 acres and an increase in proposed wetland and waters impacts. The project narrative below has been revised to include information about the additional land added to the project area, more details regarding off -site and on -site alternatives considered, and information about EAM's site plan. The purpose and need of the overall project has not changed from the original submittal. PURPOSE & NEED The purpose of the project is to construct an EV battery manufacturing facility and buildings for supporting suppliers within the Mid -Atlantic Industrial Park, and by doing so, to provide significant economic benefits to Brunswick County and the region. It is anticipated that the project will generate between 3,000 to 7,000 new jobs. Mid -Atlantic Industrial Project; Brunswick County 1 IPApplication; Project Narrative OWNERSHIP The site consists of four parcels. Brunswick County currently owns Parcels 01400001, 0140000104, and 0140000102 (— 550 ac). Mark Stanaland currently owns Parcel 0140000201 (— 27 acres), but Brunswick County has this parcel under contract. EXISTING CONDITIONS Site Location and Attributes The project site is located immediately north of US Highway 74/76 (a four -lane divided highway) in Northwest (Brunswick County), North Carolina and just east of the Columbus/Brunswick County line (Figures 1 and 2). Northwest Road NE (State Route 1419) bounds the project area to the north. An existing 8-inch water main is located within the Northwest Road right-of-way (ROW) at this location. A CSX mail rail line is located just north of the project area. This rail line provides direct access to the North Carolina State Port at Wilmington (located approximately 18 miles to the east). A Piedmont Natural Gas line is co -located adjacent to the rail line. An 8-inch sanitary sewer force main is located within the northern ROW of US Highway 74/76 (on the southern side of the project). Existing Duke transmission lines transect the property and can provide substantial energy needs to the future end - user. A 115k transmission line is located within the northern portion of the site. Duke Energy has agreed to relocate this 115k line. Two additional lines (115k and 230k) are located within a 175-ft easement further south on the property (located between the proposed manufacturing plant and warehouse facilities). These transmission lines will remain in place, and the 115k line to the north will be relocated and co -located with these lines. Hnhitnt The tract has historically been utilized for timber production, and most of the site currently supports a canopy of loblolly pines (Pinus taeda) in stands of varying ages. Smaller clusters of longleaf pines (P. palustris) are located in the south-central part of the site. Several dirt roads provide access throughout the property. As indicated above, there are existing overhead transmission lines that transect the property. These utility corridors are mowed and support goldenrod, dog fennel, and other herbaceous species. The site has been harvested several times over the last 24 years, with clear -cutting occurring in different parts of the tract in 1998, 2005, and 2006. Additional thinning of stands occurred in 2010 and early 2018. More mature pine stands are located in the southcentral, central, and eastern portions of the property. These areas contain pine trees that are between 6" and 18" DBH. The older pines (greater than 12" DBH) are infrequent. Like many other sections of the tract, this area supports a fairly dense understory of red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua) shrubs and trees. More recently harvested areas of the tract support loblolly pines that are 4" to 8" diameter Mid -Atlantic Industrial Project; Brunswick County 2 IPApplication; Project Narrative at breast height (DBH). These areas exhibit a moderate to thick shrub layer of red maple, sweetgum, and loblolly pine. Wetlands within the site can be characterized as headwater wetlands, hardwood flats, and pine flats. They are densely vegetated and support a canopy of loblolly pine and/or red maple and sweetgum trees. Additionally, a thick shrub layer of fetterbush (Lyonia lucida), gallberry (Ilex glabra), and pine is present. Several forestry and roadside ditches transect the site. These ditches vary in size and flow regime but are generally 3- to 4-ft deep with low flow. As discussed further below, several of the ditches have been identified as jurisdictional Relatively Permanent Waters (RPWs) (non -stream). The banks of on -site ditches are stable and are densely vegetated. Wetlands & Water Classifications The most recent wetland delineation of the tract was performed by Land Management Group, Inc. (now Davey Resource Group, Inc.) and was approved by Mr. Brad Shaver of the U.S. Army Corps of Engineers in July of 2018 (Appendix A). The site contains approximately 54.1 acres of wetlands, 11.7 miles of RPWs, and 1.3 miles of non -jurisdictional ditches. The wetlands and RPWs tie into Bear Branch off -site. Bear Branch is a first -order tributary of the Cape Fear River and is classified as a Class C; Sw waterbody by the NC Division of Water Resources. The C classification is given to waters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. There are no restrictions on watershed development or types of discharges. The Sw classification stands for Swamp Waters and is a supplemental classification intended to recognize those waters which have low velocities and other natural characteristics which are different from adjacent streams. Staff of DRG evaluated wetlands at four locations within the site using the NC Wetland Assessment Method (NCWAM) (Appendix B). Three wetlands were determined to be of an overall medium quality and one wetland rated as low quality. DRG staff also evaluated several channels within the site using the NC DWR Stream Identification Form Version 4.11. Enclosed in Appendix B are the stream forms, site photos, and a location map. According to the data collected, none of these channels meet the geomorphic and/or hydrologic requirements to be classified as a stream. Soils According to the Brunswick County Generalized Soil Survey, the site is predominantly Woodington fine sandy loam (Wo), with some Foreston loamy fine sand (Fo), Rains fine sandy loam (Ra), Lynchburg fine sandy loam (Ly), Goldsboro fine sandy loam (GoA), Pantego mucky loam (Pn), and Baymeade fine sand (BaB) (Figure 3). Mid -Atlantic Industrial Project; Brunswick County 3 IPApplication; Project Narrative Federally Protected Species A list of federally protected species was identified using the US Fish and Wildlife Service's Information, Planning, and Consultation (IPaC) system (Table 1; Appendix Q. Species with the federal classification of Endangered (E), Threatened (T), or Officially Proposed (P) for such listing are protected under the Endangered Species Act (ESA) of 1973, as amended and the Bald and Golden Eagle Protection Act. A search of the North Carolina Natural Heritage Program (NCNHP) database was also conducted to determine whether any state or federally listed rare species have previously been observed on or within a 0.5-mile radius of the site (Appendix Q. According to their files, one state -listed plant species was observed within the site in 1950. Additionally, several rare plant and animal species have been observed within a one -mile radius of the tract. Several of these occurrences have a habitat range that could potentially overlap into the project area. Most of these records are historic and have not been observed in the area in over 50 years. Habitat with the potential for supporting these federally protected species (Table 1) was identified by reviewing aerial photographs, soils maps, and topographic maps of the property and by walking throughout the site. Sea turtles, piping plover, and red knot are all found in either coastal or marine habitats and would not be located within the proposed project. The other species listed in the table are discussed below. Table 1. Federally protected endangered and threatened species that may occur within the project area per the USFWS IPaC system (see Appendix C). Habitat Status Habitat Description Present in Common Name Scientific Name US NC Project Area? ANIMALS American Alligator Alligator T T Freshwater swamps, marshes, No mississippiensis (S/A) rivers, and lakes Haliaeetus Nest in large trees near open Bald Eagle leucocephalus BGPA T water No Shallow waters (except when Green Sea Turtle Chelonia mydas T T migrating) inside reefs, bays, No and inlets; open beaches are required for nesting. Nearshore and inshore waters Kemp's Ridley Sea Lepidochelys kempii E E of the northern Gulf of Mexico; No Turtle open beaches are required for nesting. Leatherback Sea Dermochelys Tropical and temperate waters Turtle E E of the Atlantic, Pacific, and No coriacea Indian Oceans Mid -Atlantic Industrial Project; Brunswick County 4 IPApplication; Project Narrative Habitat Status Habitat Description Present in Common Name Scientific Name US NC Project Area? Estuarine and oceanic waters; Loggerhead Sea bays, lagoons, salt marshes, Turtle Caretta caretta T T creeks, ship channels, and the No mouths of large rivers Orton Pond and pond on Sand Magnificent Planorbella Hill Creek; formerly Greenfield Ramshorn magnifica PE E Lake (endemic to North No Carolina) East population migrates between central Mexico and Monarch Butterfly Danaus plexippus C Canada; requires nectar Yes habitat including milkweed plants. Hibernates in caves and mines; roosts underneath bark, in cavities or in crevices Northern Long-eared Myotis T of both live trees and snags. Yes Bat septentrionalis They are site generalists and can be found in a range of forested areas. coastal beaches, sand flats at Piping plover Charadrius melodus T T the ends of sand spits and No barrier islands Red -Cockaded Open pine woodlands and Yes — no RCWs Woodpecker Picoides borealis E E savannas with large old pines or cavities observed Intertidal, marine habitats, Red Knot Calidris canutus rufa T especially near coastal inlets, No estuaries, and bays Roosts in trees, primarily among Tri-Colored Bat Perimyotis subflavus PE leaves. Hibernates in culverts, Yes tree cavities, and abandoned wells. PLANTS Cooley's Meadowrue Thalictrum cooleyi E E Moist to wet bogs and savannas No with neutral soils Ecotones between pine Rough -leaved Lysimachia savannas and pocosins, on moist Loosestrife asperulaefolia E E to seasonally saturated sands, No on organic soils overlaying sand Mid -Atlantic Industrial Project; Brunswick County I P Application; Project Narrative KEY: Status Definition E Endangered: A taxon "in danger of extinction throughout all or a significant portion of its range." T Threatened: A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) Threatened due to similarity of appearance - a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. BGPA Bald and Golden Eagle Protection Act. C Candidate for Listing P Proposed for Listing American Alligator The American alligator lives primarily in freshwater swamps and marshes, but also in rivers, lakes, and smaller bodies of water. The site does not provide suitable habitat for this species. Bald Eagle Bald eagles in the southeast typically build their nests in the zone between forests and marsh or open water. Nests are built in dominant live pines or cypress trees that provide a clear flight path. Some large pines exist in sections of the site. However, the project area is not located in close proximity to open water. Therefore, the site does not contain appropriate habitat for the bald eagle. Magnificent Ramshorn The magnificent ramshorn is a large freshwater snail that is adapted to still or slow -flowing aquatic habitats such as beaver ponds or man-made mill ponds. The species is endemic to southeastern North Carolina and was historically known from only four sites in the lower Cape Fear River Basin. However, all four sites appear to be extirpated. The site does not provide suitable habitat for this species. Monarch Butterfly The monarch butterfly is globally distributed throughout 90 countries, islands, and island groups. North American populations are well known for their long-distance migration. In eastern North America, monarchs travel north in the spring, from Mexico to Canada, over two to three successive generations, breeding along the way. They then migrate back to Mexico in the fall. Therefore, eastern North America can provide both breeding and migrating habitat. Adult monarch butterflies require a variety of blooming nectar resources, which they feed on throughout their migration and breeding seasons (spring through fall). Monarchs also need milkweed for both egg laying and larval feeding within this habitat. Most of the site is densely vegetated with woody species and does not provide suitable habitat for this species. However, Mid -Atlantic Industrial Project; Brunswick County 6 IPApplication; Project Narrative the utility line corridors support herbaceous species and provide appropriate breeding and migrating habitat for this species. Northern Long-eared Bat The northern long-eared bat (NLEB) was listed as threatened under the Endangered Species Act in 2015 (80 FIR 17974) because of population declines caused by white -nose syndrome and the continued spread of the disease. The northern long-eared bat hibernates during the winter in caves and mines with constant temperatures, high humidity, and no air currents. During the winter and summer, they roost alone or in colonies underneath bark, in cavities or in crevices of both live trees and snags. They are site generalists and can be found in a range of forested areas from large contiguous forested blocks to small, wooded lots; densely vegetated stands to more open stands; and hardwood forests to mixed pine/hardwood forests. No hibernacula appear to exist within the project area. The site is forested and could potentially provide appropriate winter and summer roosting habitat. DRG staff completed the NLEB Determination Key for the project, which resulted in a "May Affect, Not Likely to Adversely Affect" determination (Appendix Q. Red -Cockaded Woodaecker The red -cockaded woodpecker (RCW) is generally found in open pine woodlands and savannas with large old pines for nesting and roosting habitat. Cavity trees are located in open stands with little or no hardwood midstory or overstory. Minimum age of trees needed for excavating cavities in is between 60 and 80 years depending on tree and site factors. Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging preference for pine trees 8- inch DBH or larger. In the southern coastal plain (including Brunswick County), however, pines used for foraging and nesting may be smaller and shorter than in other populations. Groups will use wet pine flatwoods, pond pine woodland, and high pocosin for foraging and nesting. Suitable RCW foraging or nesting habitat include pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches DBH. In suitable, well -stocked pine habitat, sufficient foraging habitat can be provided on 80 to 125 acres. The site has been harvested several times over the last 24 years, with clear -cutting occurring in different parts of the tract in 1998, 2005, and 2006. Additional thinning of stands occurred in 2010 and early 2018. Areas harvested over the last 15 years (+/-) currently support loblolly pines that are 4" to 8" diameter at breast height (DBH) and a moderate to thick shrub layer of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and loblolly pine. These areas are generally too young and densely vegetated to provide suitable nesting or foraging habitat. More mature pine stands are located in the southcentral, central, and eastern portions of the property. These areas contain pine trees that are between 6" and 18" DBH. While there is typically a dense shrub layer present, the canopy above the shrub layer is fairly open. These Mid -Atlantic Industrial Project; Brunswick County 7 IPApplication; Project Narrative areas appear to provide suitable nesting and foraging habitat for the red cockaded woodpecker. Surveys were conducted in these stands of older and larger pines. No cavities or RCWs were observed. Therefore, although the site does contain suitable nesting and foraging habitat for this species, it does not appear to currently support any nesting colonies. Appendix B. of the USFWS RCW SLOPES Manual is included in Appendix C. Tri-Colored Bat The tri-colored bat's range includes the eastern half of the United States as well as sections of Canada and Central America. During the spring, summer and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves. During the winter, they are found roosting in culverts, tree cavities, and abandoned water wells in the southern U.S. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same roosting location and hibernaculum. According to correspondence from the USFWS, tri- colored bats are known to occur in relatively close proximity to the site. The site is forested and could potentially provide appropriate winter and summer roosting habitat. Cooley's Meadowrue The species inhabits sunny, moist places such as open, savanna -like forest edges and clearings, wet savannas, and ecotones between wet savannas and non-riverine swamp forests. This species is found in circumneutral soils shallowly underlain by coquina limestone. According to the NRCS Soil Survey of Brunswick County, NC, wetlands within the site consist of soils that are strongly acidic. Therefore, the site does not appear to provide suitable habitat for Cooley's meadowrue. Rough -Leaved Loosestrife Rough -leaved loosestrife generally occurs in the ecotones between pine savannas and pocosins, on moist to seasonally saturated sands. Because this plant is shade -intolerant, moist areas exposed to sunlight provide suitable habitat. Wetlands, ditch banks, and adjacent uplands within the site are densely vegetated and do not appear to provide suitable habitat for this species. T&E Conclusions The project area provides suitable habitat for the northern long-eared bat, red -cockaded woodpecker, and tri-colored bat. DRG staff performed an RCW survey in areas of suitable habitat, and no RCW cavities or birds were observed. Tree clearing will be needed to construct the site, which may affect the NLEB and tri-colored bat. The NLEB Determination Key was completed for this project, which resulted in a MANLAA determination. The Applicant plans to work with the USFWS to limit potential impacts to both bat species. No impacts to any other federally listed species are anticipated. Cultural Resources The NC State Historic Preservation Office HPOWEB GIS Service was reviewed to determine if there are any known historic or cultural resources on or adjacent to the project area. According to their Mid -Atlantic Industrial Project; Brunswick County 8 IPApplication; Project Narrative website, no known historic or cultural resources have been documented on or adjacent to the project area. SHPO responded to the original application and had no comments. Zoning Most of the site is zoned Industrial General (I-G), Brunswick County's heavy industrial classification zoning. According to the Unified Development Ordinance for Brunswick County (2015), "the I-G District is intended to provide locations for enterprises engaged in a broad range of manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembly of goods, merchandise or equipment. Lands in this District are to be located on or near Major Thoroughfares as identified in the Brunswick County Comprehensive Transportation Plan; to rail service; and to in -place infrastructure such as water, sewer, and/or natural gas." A portion of the central project area is zoned Rural Low Density Residential (RR). This classification is intended to accommodate nonresidential agricultural uses and low -density residential development, as well as limited nonresidential uses that are supportive of the County's traditional agricultural orientation including farming, silviculture operations and related activities. The additional 27 acres that was recently added to the project is currently zoned Rural Low Density Residential. Brunswick County is in the process of rezoning this to Heavy Industrial. The Brunswick County CAMA Land Use Plan (LUP) Future Land Use Map (2012) classifies most of this area as Industrial. The LUP states that caution should be taken to prohibit/limit conflicts with adjacent growth and that most industrial growth should be located in existing or future industrial parks. A small portion of the central project area is classified as Conservation. ALTERNATIVES ANALYSIS The study area identified in this application was limited to tracts in North Carolina that are a minimum of 600 acres, have direct rail access, are in close (— 20 miles) proximity to port and airport access, have direct access to a four -lane highway or interstate, have available high -power electric lines, natural gas line, water and sewer infrastructure (with a potential to increase capacity), flat topography, have a labor supply available and was close to a workforce training center. Several sites in North Carolina were considered. Mid -Atlantic Industrial Project; Brunswick County 9 IPApplication; Project Narrative Off -Site Alternative #1: Person County Mega Park Edwin Robertson Rd; Woodale, NC (Person County) Parcel ID#: 0909-00-17-9298.000; 0909-00-01-1802.000; 0909-00-31-9026.000 The Person County Mega Park is 1,350 acres in size and has a readily available skilled workforce since it is in close proximity to RDU, Greensboro, and several municipalities in Virginia. However, it only lists 20 MW of electricity. Additionally, the site is over 150 miles to the Port of Norfolk, 44 miles to an Interstate, and rail is two miles from the site. Gas is available with an 8" line whereas the Mid -Atlantic site has 20" on the southside and an additional 10" gas line on the northside of the site. The site is also divided by roads. It is unknown if a wetland delineation has been performed within the site. Story's Creek, Marlowe Creek and several of their tributaries (Roanoke River Basin) run through the site and it is likely that significant stream and wetland impacts would be needed to construct a project as large as the Mid - Atlantic project. These waterbodies are classified by NCDWR as C. This designation is given to waters protected for uses such as aquatic life propagation, survival and maintenance of biological integrity (including fishing and fish), wildlife, secondary contact recreation, and agriculture. Secondary contact recreation means wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis. Because the park lacks vital utilities needed for this type of project and would likely result in significant environmental impacts, it was rejected from further consideration. Mid -Atlantic Industrial Project; Brunswick County 10 IPApplication; Project Narrative Off -Site Alternative #2: Kingsboro CSX Select Site US Hwy 64 Alt W; Kingsboro Rd; Harts Chapel Rd; Rocky Mount, NC (Edgecombe County) Parcel ID: 4709454299; 4709360159; 4709430716; 4709132669; 3799747201; 3799457509; 3799618998;3799428754;3799252283 This 1,449-acre site is located in Edgecombe County. This site has gas, rail, water and sewer infrastructure. However, there is a challenge for labor supply at this location, being a generally rural area. Furthermore, this site is 75 miles to a commercial airport, 125 miles to the Port of Norfolk, and has limited electric supply. Walnut Creek (Tar River Basin) and several of its tributaries extend through the western half and the northeastern part of the site. Walnut Creek is classified as Nutrient Sensitive Waters (NSW) and WS- IV. The NSW classification is a supplemental classification given to waters needing additional nutrient management due to being subject to excessive growths of microscopic or macroscopic vegetation.WS-IV classification is given to waters used as sources of water supply for drinking, culinary, or food processing purposes where a WS-I, II or III classification is not feasible. These waters are also protected for Class C uses. WS-IV waters are generally in moderately to highly developed watersheds or Protected Areas. It appears that wetland and stream impacts have been previously authorized by the USACE (SAW-2008-02741) and NCDWR for the eastern portion of the site where the majority of uplands exist, and that site development is underway in this location. Developing remaining portions of this site would result in significant wetland and stream impacts. Because of limited labor supply, electric supply, and environmental impacts, it was not considered a feasible alternative. Mid -Atlantic Industrial Project; Brunswick County 11 IPApplication; Project Narrative Off -Site Alternative #3: International Logistics Park Hwy 74/76; Northwest, NC (Brunswick and Columbus Counties) Parcel ID: 2240.00-02-3255.000; 2240.00-00-6803.000; 0140000801; 01400008; 0140000807 The 800-acre International Logistics Park is located south of US Highway 74/76, on the opposite side of the highway from the preferred tract (Figure 10). This site is zoned Industrial and has access off an interstate highway. The site has limited wetlands or streams on site. Although it meets many of the Applicant's site requirements, it does not have rail access. Additionally, the site does not currently have access to natural gas and a line would have to be bored under US Highway 74/76. Therefore, it was not considered a feasible alternative. Alternative #4: Preferred Tract The preferred tract is an 813-acre site located within the western part of Brunswick County, NC, adjacent to the Columbus County border (Figures 1-3). The site meets all of the Applicant's requirements listed above. The site is located off a major interstate (Highway 74/76), has rail access from the CSX Railroad (located directly north of the site), and has access to high power electric lines, a natural gas line, and water and sewer utilities. The site is also located in an area that has an available labor supply and is in close proximity to a workforce training center through the local community colleges. The site's location between the Wilmington metropolitan statistical area (MSA) and Myrtle Beach MSA allows it to draw a larger workforce within a 60-minute drive time. The site is also located in the Port of Wilmington Foreign Trade Zone and within a Federally designated Mid -Atlantic Industrial Project; Brunswick County 12 IPApplication; Project Narrative Opportunity Zone. Finally, the region is considered to have a high quality of life, which would be a benefit to the company's employees. One of the greatest strengths of this site is the presence of three high -power transmission lines bisecting the site and allowing for the delivery of substantial electrical needs of the end -user. Furthermore, natural gas adjoins the site on three sides with large transmission lines, and water, wastewater and fiber are also available at the site. On -Site Alternatives Once the tract was selected, the project engineers developed several site designs. Ultimately, the Applicant selected the design that will meet the operational design standards of the end -user, while achieving the desired economic benefits of the County and minimizing environmental impacts to the extent feasible and practicable. Alternative #1: No -Action Alternative The no -action alternative would keep the site in its current, undeveloped condition and would prevent the Applicant from developing it. The no -action alternative is not considered feasible for several reasons. This alternative would leave up to 700 acres of uplands undeveloped. The inability to expand development within this tract of land would be a significant loss of return for the owners and a loss of an industrial park for the community. This industrial park is especially important to the area because it has both interstate and rail access. Furthermore, the project is expected to have an economic benefit on the region. It is anticipated that the project could bring between 3,000 and 7,000 new jobs to the area. It also has the potential to attract other manufacturing companies to the area and further improve economic conditions in this region. For these reasons, the No -Action Alternative is not considered feasible. Alternative #2: Preferred Proiect The proposed project includes an EV battery manufacturing facility and other buildings intended for use by suppliers to the EV battery industry (Figure 5). The EV battery manufacturing facility will be located in the northwestern part of the site and is made up of thirteen separate buildings (total of 5,776,300 square feet) with parking and access corridors to be planned between buildings. Separate buildings are needed to provide clean room manufacturing, lab and assembly areas requiring unique HVAC systems to maintain strict temperature and humidity controls, and to maintain the correct pressurization between spaces in order to minimize or avoid product contamination. Access to the site will be provided off of Highway 74/76. A spine road will run along the western project boundary to provide access throughout the site. Rail access will be provided from the CSX Railroad, which is currently located just north of the site. The rail will extend into the central part of the tract. Two separate parking areas will be located in the northwestern and southwestern portions of the site. Note that an existing 115 KV line that currently runs through the northwestern portion of the tract Mid -Atlantic Industrial Project; Brunswick County 13 IPApplication; Project Narrative (and through the middle of the EV battery plant) will be relocated south of the plant and will run parallel to the existing Duke powerline easement. The proposed EV battery plant will bring suppliers to the EV battery industry, which will be located in multiple buildings in the park: two located directly off Hwy 74/76 (one 2,000,000 sf and one 942,000 sf) and another facility in the central part of the site. This central area will be leased to Epsilon Advanced Materials (EAM) and will consist of a 1.5 million -square -foot graphite anode manufacturing facility. The facility will utilize green technologies to produce high -capacity anode materials for electric vehicle batteries. Rail will tie into their site in the western part of their project area and will be used to bring in materials needed for operations. Their site will also contain a Duke Energy substation, stormwater ponds, and a water treatment area. The water treatment area will be used for treating effluent from the cooling tower, boiler blow down, and desulphurization system filtrate effluent. EAM has certain requirements for their facility layout, and it was determined that the area originally set aside for EAM was not large enough to accommodate this layout. Therefore, the Applicant needed to acquire additional land directly adjacent to this area. The Applicant originally evaluated a 30-acre area directly north and east of the EAM project area. A preliminary assessment conducted by DRG found that the northern portion contained approximately 1.5 acres of wetlands and the eastern portion was uplands (Figure 6.). In order to minimize wetland impacts, the applicant omitted the northern piece and expanded the eastern piece to accommodate the acreage needed by EAM. DRG evaluated this entire eastern section (27 acres total) and found it to consist entirely of uplands. Gary Beecher with the USACE performed a site visit on 2/28/24 and concurred with this assessment. Once EAM's boundary was finalized, the engineer evaluated several different configurations to achieve the end goals of the user and to minimize wetland impacts (Figures 6-8). Their operation requires a specific configuration of buildings for manufacturing and assembly. Additionally, the substation needed to line up with two electric buildings so that power lines could run directly to them. Close coordination with Duke Energy was required to achieve the optimal location of the substation. Initially, the substation was located partially or mostly in a 4.2-acre wetland pocket (Figures 7 & 8). Duke agreed to push the substation north out of the wetlands. However, Duke has requirements about the location of access roads to the substation and a portion of a road will run through the wetland pocket. Additionally, their 150-ft Right of Way will extend through wetlands in order to tie into the 115 kV line located south of the project area. An electric pole will also be installed in the wetlands, but fill is expected to be minimal. However, the wetlands within the R/W will need to be mowed. Since this wetland pocket is currently forested, at a minimum, there will be a habitat conversion. Note that this is currently shown as a permanent impact (access road and R/W) on the site plan until we can obtain additional information from Duke Energy about the extent of work that will be needed within their R/W. Mid -Atlantic Industrial Project; Brunswick County 14 IPApplication; Project Narrative Additionally, the size of the water treatment area was reduced as much as possible while still being large enough to serve its purpose. It was initially shown to be 6.6 acres but has been reduced to 3.3 acres. Additionally, stormwater ponds were situated in topographically low areas in the northern part of the site and are sized to accommodate the large amount of impervious cover needed for the site. The final EAM site plan is shown to impact 4.96 acres of wetlands and 0.66 acres of open water ditches (Figure 6). The overall project is expected to provide considerable economic benefit to the region. It is anticipated that the project will bring between 3,000 and 7,000 new jobs to the region once it is completely built. The jobs associated with this industry sector will average $70,000 annually, which is significantly higher than Brunswick County's current private sector wage of $42,500. This project has the support of local and state government. The potential investment for the overall project is expected to range between $2-6 Billion. The anticipated capital investment will add between $10 million & $30 million in new revenue to Brunswick County to provide County services to Brunswick County residents. These efforts will contribute to building more resilient, secure and trusted supply chains, which are essential for the sustainability and competitiveness of the EV industry in the United States. POTENTIAL ENVIRONMENTAL IMPACTS Total proposed impacts from the project are 14.79 acres of non -riparian wetlands and 1.95 acres of non -stream Waters of the US (Figure 5). The impacts to wetlands have the potential to cause the loss of functions and values often ascribed to these types of wetlands (e.g. habitat values, floodwater retention functions, and nutrient and sediment retention functions). However, these removed or degraded functions will be offset by compensatory mitigation through an approved mitigation bank within the Lower Cape Fear River watershed (see Mitigation section below). In addition, the Applicant will develop and implement a stormwater plan and a sedimentation and erosion control plan to reduce the potential for erosion or runoff into wetlands and other water bodies located off site. Tree clearing will be needed to construct the site, which may affect the NLEB and tri-colored bat. DRG has completed a determination key for the NLEB and it resulted in a "May Affect, Not Likely to Adversely Affect" determination. MITIGATION To mitigate proposed wetland impacts, the Applicant plans to purchase compensatory mitigation credits at a 1.5:1 mitigation to impact ratio from the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB). The purchase of these credits will ensure the replacement of in -kind wetlands. Furthermore, since the LCFUMB has already been implemented, there will be no temporal loss of wetland functions. Attached is a credit reservation letter from the LCFUMB. Mid -Atlantic Industrial Project; Brunswick County 15 IPApplication; Project Narrative 4.0 TABLE OF IMPACTS Mid -Atlantic Industrial Project Table of Impacts Impact Label 2022 Plan 2024 Plan Reason for Change Wetland Impact #1 6.9 6.9 Wetland Impact #2 2 2 Wetland Impact #3 0.54 0.54 Wetland Impact #4 0.39 0.39 Wetland Impact #5 1.6 1.6 Wetland Impact #6 0.24 1.04 EAM footprint Wetland Impact #7 0 2.36 Duke ROW Open Water Impact #1 0.257 0.257 Open Water Impact #2 0.3 0.3 Open Water Impact #3 0.067 0.067 Open Water Impact #4 0.176 0.176 Open Water Impact #5 0.075 0.16 EAM footprint Open Water Impact #6 0.185 0.185 Open Water Impact #7 0.128 0.128 Open Water Impact #8 0.128 0.128 Open Water Impact #9 0.11 0.11 Open Water Impact #10 0.11 0.11 Open Water Impact #11 0.01 0.01 Open Water Impact #12 0.01 0.02 Road Widening Open Water Impact #13 0.01 0.25 Road Improvements Open Water Impact #14 0.01 0.02 Road Widening Open Water Impact #15 0 0.03 Rail Crossing TOTAL WETLAND IMPACTS 11.7 14.79 TOTAL OPEN WATER IMPACTS 1.58 1.95 Change in Impact = SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph . t � ■ I ^ � \ .. �� f' G 2§ �« x� i7�Y• ' /// � Y K- is •rff •�' � - r•`r' �� + 4 } I. •.•� J ti L 1 � { n �� f t •;It' I�1' ,f b f t L' ear: � ��• - \tip � � _ `r fir - �..7� • - - - _ ,yam' [~ Y •�' -" � " •.� � 'fff /Jr/Jf I �Jr r L i'-. •I It ti • _ _f -r�._�•11 �!• �r I } `f - ' f l � .._ �•\. w O $ OICl) Q z� / /_ a t � \ o \ � \ {_ \ _ ) x.4 a 4 w $ =Z c .; Eq .o ■}§` US }\\ ■/)� /k n 2ƒ �\ _ )m � f \§ t\ / // e \ � / ` < . \ \\ . . . . \ \ � \\e\ / §\ -=39 \j� \\)/ / \ ){mo \{2) }\\\\}\�\ /t)/ 22® - efa\.a /){( _ - MLL c-®} < (D )§0 S={> SITE PLANS PREFERRED PROJECT SITE PLANS Figure 5. Overall Impact Map Figure 6. Final EAM Site Plan with 4.96 Ac of Wetland Impact REJECTED ON -SITE ALTERNATIVES Figure 7. EAM Alternative Site Plan with 5.29 Ac of Wetland Impact Figure 8. 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R c Y N LU ow r a a to Z .� .� a a O 0aF- a� H2 E aN a CL u ■ ■ _ - �� 0 3 a - ao ■ ■ •> - a o I I y�Y I II � i Ili s. wa z . a� = I I e e 1 I .w it 1 W s I I I I II 1 u IL 3 II I ® 5 0 Z W - W W > W Z I < wm e _ 5 N j AAEo3 - I 0 Q co _ o N OR p � IL � I m Z '@ 5I I II Q I H J I II — W I 1 I r J III. 1 o � I RPM Leo in — - HIHHHHHH � e HHHHHHH - 131,3113 z 1; .o . X I LL -- ---- --- --- --- --- - - 711 - s r w =V I � I _ w I _ t _ I o L a li I I I I APPENDIX A. WETLAND INFORMATION Approved Jurisdictional Determination for Larger Site USACE-Approved Wetland Map for Addl 27 Acres Preliminary Wetland Map of Addl 30 Acres (EAM Rejected Alternative) U.S. ARMY CORPS OF ENGINEERS Property Owner: WILMINGTON DISTRICT Action Id. SAW-2008-01015 County: Brunswick County U.S.G.S. Quad: Acme NOTIFICATION OF JURISDICTIONAL DETERMINATION Mr. Michael Walters 1887 Oakton Church Road Address: Fairmont, NC 28340 Agent: Land Management Group Inc. attn: Mr. Wes Fryar 3805 Wriehtsville Ave, Suite 15 Wilmington, NC 28340 Size (acres) 1,140.87 Nearest Town Delco Nearest Waterway Bear Branch River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 34.3069 Longitude:-78.1856 Location description: The site is located between Delco and Maco in Brunswick County along the Columbus/Brunswick County line on NC 74/76. Indicate Which of the Following Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, 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. Therefore this preliminary jurisdiction determination maybe 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 are wetlands on the above described 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 of the U.S. on your 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 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. X There are waters of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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. Page 1 of 5 SAW-2008-01015 X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 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 Brad Shaver at (910) 251-4611 or Brad. E.Shaver(a usace.army.mil. C. Basis For Determination: See attached Approved JD forms. D. Remarks: The site was field verified with Land Management Group on 5/22/2018. During the review changes were requested which are reflected on the attached field sketch. 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 for Approved Jurisdiction Determinations (as indicated in Section B. above) 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 1OM15 Atlanta, Georgia 30303-8801 Page 2 of 5 SAW-2008-01015 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 9/27/2018_. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by SH AV E R. B RA D SHAVER.BRAD.E.1276601756 DN: c=US, o=U.S. Government, .E.1276601756 cn=SDHAVER.BRAD.E.1276601756 Corps Regulatory Official: Date: 2018.07.707:29:57-04'00' Date: July 27, 2018 Expiration Date: July 27, 2023 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Page 3 of 5 SAW-2008-01015 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: North West Tract/Michael Walters File Number: SAW-2008-01015 Date: July 26, 2018 Attached is: D See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY 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 http://www.usace.atmy.mil/Missions/CivilWorks/RegulatoLyProyramandPetmits.aspx or Corps re lations 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 li of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal 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 pennit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terns 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 11 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 4 of 5 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II39ZEQUEST 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 alreadv in the administrative record. POINT OF CONTACT FORILESTIONS 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: Brad Shaver CESAD-PDO 69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic Division Wilmington, NC 28403 60 Forsyth Street, Room I OMI 5 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investigation, and will have the opportunity to participate in all site investigations. Date: I Telephone number: Signature of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 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 Page 5 of 5 r: R 'lid•. •"` O O f�4 l _ w jr f Q w r lL { N !n F 00 fr a O� �N . U -_ o IL a a - r a�= E t o" ' U _ Z rn TJ co� 4 0 aNi U o cs M U Q xt a O N Q� i Z C `t # 3 rn 2 -y O oa w r o o 0 z° f• ULO N O) N m` L 00 N d .U-� o �_' V 17 V af 05 - a (O N - w E 00 i O - O O N O U RM o U) zQ m Q N O O ' o U O E_ -o rn Z ` Q h Om �<o •JC 0 V Z i u A L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.303 --- N Project Chronos, Brunswick Business & Industry Development\Maps\Additional 10 acres 0 100 200 400 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap Aerial Photography Scale applies to 11X17" print. Mid -Atlantic Industrial Park Stanaland Tract DAVEY Section 404/401 Brunswick County, NC Resource Group Delineation 3805 Wrightsville Avenue Post USACE Sketch Map Date: November 2023 Wilmington, NC 28403 nRC,Nc\An? ins (910)452-0001 NOTE: This is not a survey. This map has been developed from interpretation of aerial photography and soil survey maps. All boundaries depicted are considered approximate. There has been no on -site verification of potential 404 wetland limits. In addition, this map does not include information related to coastal wetlands, buffer rules, jurisdictional v waters/streams, nor other local or county environmental site constraints. On - site wetland evaluations are highly recommended prior to specific land -use f decisions. r a� Legend MOriginal Project Boundary Wetlands On Site Additional Area Considered (— 30 ac) • Potential Waters of the US on Adjacent Property Potential Wetlands on Adjacent Property (-1.5 ac) �L. 7. ii N 0 150 300 600 Boundaries are approximate and not meant to be absolute. ft Scale to 11X17" applies print. Map Source: 2020 NC OneMap Aerial Photography Mid -Atlantic Industrial Project DAVEYI Wetland Assessment of Brunswick County, NC Resource Group Adjacent Tract .July 2023 3805`rightsAlle Originally Considered for DRG NCW22.303 e Wilmington, NC 28403 EAM Expanded Area (910) 452-0001 APPENDIX B. STREAM FORMS & WETLAND ASSESSMENT FORMS NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF1 Latitude: 34.31192 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.1917 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 11.5 Ephe era I Interm.ttent Perennial e.g. Quad Name: if >_ 19 or perennial if >_ 30` I A. Geomorphology (Subtotal = 2.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 3 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 <es = C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Dry, no sign of flow. Looking across property line, there is no sign of groundwater/baseflow. Marginal signs of redox. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF2 Latitude: 34.31707 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.17636 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 6.5 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 0.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 <es = C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3Q 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Black gums, ferns, river cane, swamp titi present. Spread out, no central channel. No signs of flow or water. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF3 Latitude: 34.31317 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.18151 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 6 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 0 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 OQ 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? o®-- Yes = 3 C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3Q 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Incised - 3 ft. No sign of flow or groundwater. Straight, artificially incised. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF4 Latitude: 34.31209 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.17966 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 6 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 0 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 OQ 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? o®-- Yes = 3 C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Incised - 4 feet. No sign of flow. Very straight channel, side case material on edges. Almost completely straight for - 90 yds. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF5 Latitude: 34.38886 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.1742 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 7.5 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 1.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 OQ 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? o®-- Yes = 3 C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Incised - 2 feet. No sign of flow or standing water. Straight feature. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF6 Latitude: 34.30559 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.17399 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 6.5 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 0.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 0 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 OQ 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? o®-- Yes = 3 C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Incised - 2.5 feet. Appears manmade. Bone dry the entire channel. No water or signs of flow, side cast material periodically on bank. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 10-6-22 Project/Site: MAIP; SF7 Latitude: 34.30577 Evaluator: John Perry - DRG County: Brunswick Longitude:-78.17544 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 10.5 Ephe eraI Interm.ttent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' I A. Geomorphology (Subtotal = 1.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0 1 1.5 11. Second or greater order channel <No = Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 3 ) 12. Presence of Baseflow OQ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 OQ 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 es = C. Biology (Subtotal = 6 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians OQ 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 her = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Incised - 4 feet and side cast. Dry, no signs of water. - 4 inches of sand on top, but some redox below. Sketch: IL r� ou x,. rJT k4 L t 09,6' t � • �F �#+ . y7r •t e , d.r. r • r + � r f • }- -r.Yf� 1 •4 �, ms�- r��I • T ,�-t. _ _ _ 1 91 - .ti t� 'a .; i f J• - _ � X + J % V) U O w_ I-- O O a a a� �O LLc =) oa z W U_ H H V) z cm aX Q z oW _a a NC WAM FIELD ASSESSMENT FORM Accompanies user ivianuai version om USACE AID # NCDWR# Project Name Chronos Date of Evaluation 7-6-22 Applicant/Owner Name Brunswick Business & Industry Wetland Site Name NC WAM 1 Development Wetland Type Hardwood Flat Assessor Name/Organization Wesley Fryar/Davey Resource Group Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Bear Creek River Basin Cape Fear USGS 8-Digit Catalogue Unit 03030005 County Brunswick NCDWR Region ❑ Yes ® No Precipitation within 48 hrs? Latitude/Longitude (deci-deqrees) 34.309885/-78.178624 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ❑Yes ®No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ❑A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F OF OF From 5 to < 10 acres ®G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ®A >_ 500 acres ❑B ❑B From 100 to < 500 acres ®C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ®A 0 ❑B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 1E ®B ®B Moderate density shrub layer U) ❑C ❑C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ®B ®B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags —wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution —wetland type condition metric (skip for all marshes) ®A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D f •� r . 1 r 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbankflow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name NC WAM 1 Wetland Type Hardwood Flat Date of Assessment 7-6-22 Wesley Fryar/Davey Assessor Name/Organization Resource Group Notes on Field Assessment Form (Y/N) NO 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) 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 Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Particulate Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Pollution Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition MEDIUM Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition MEDIUM Overall Wetland Rating MEDIUM NC WAM FIELD ASSESSMENT FORM Accompanies user ivianuai version om USACE AID # NCDWR# Project Name Chronos Date of Evaluation 7-6-22 Applicant/Owner Name Brunswick Business & Industry Wetland Site Name NC WAM 2 Development Wetland Type Headwater Forest Assessor Name/Organization Wesley Fryar/Davey Resource Group Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Bear Creek River Basin Cape Fear USGS 8-Digit Catalogue Unit 03030005 County Brunswick NCDWR Region ❑ Yes ® No Precipitation within 48 hrs? Latitude/Longitude (deci-deqrees) 34.3153677/-78.177978 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ❑Yes ®No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ®A Water storage capacity and duration are not altered. ®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ®B ®B ®B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ®D ®D ®D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ®C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ®E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ®A >_ 500 acres ❑B ®B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ®G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ®A >_ 500 acres ®B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ®A 0 ❑B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 1E ®B ®B Moderate density shrub layer U) ❑C ❑C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags —wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution —wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D f •� r . 1 r 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbankflow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Zero Order NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name NC WAM 2 Wetland Type Headwater Forest Date of Assessment 7-6-22 Wesley Fryar/Davey Assessor Name/Organization Resource Group 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) NO 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 Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition HIGH Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition HIGH Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating MEDIUM NC WAM FIELD ASSESSMENT FORM Accompanies user ivianuai version om USACE AID # NCDWR# Project Name Chronos Date of Evaluation 7/6/22 Applicant/Owner Name Brunswick Business & Industry Wetland Site Name NCWAM 3 Development Wetland Type Headwater Forest Assessor Name/Organization Wesley Fryar/Davey Resource Group Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Bear Creek River Basin Cape Fear USGS 8-Digit Catalogue Unit 03030005 County Brunswick NCDWR Region ❑ Yes ® No Precipitation within 48 hrs? Latitude/Longitude (deci-deqrees) 34.318168,-78.185078 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ❑Yes ®No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ®B ®B ®B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ®D ®D ®D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ®C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ®A >_ 500 acres ❑B ®B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ®G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ®A >_ 500 acres ®B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ®A 0 ❑B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ®A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 1E ®B ®B Moderate density shrub layer U) ❑C ❑C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags —wetland type condition metric (skip for all marshes) ®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ❑B Not 19. Diameter Class Distribution —wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D f •� r . 1 r 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbankflow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes berm along road leads to increased inundation, zero order NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name NCWAM 3 Wetland Type Headwater Forest Date of Assessment 7/6/22 Wesley Fryar/Davey Assessor Name/Organization Resource Group 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) NO 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 Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM 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 HIGH Landscape Patch Structure Condition HIGH Vegetation Composition Condition HIGH Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition HIGH Overall Wetland Rating MEDIUM NC WAM FIELD ASSESSMENT FORM Accompanies user ivianuai version om USACE AID # NCDWR# Project Name Chronos Date of Evaluation 7/6/22 Applicant/Owner Name Brunswick Business & Industry Wetland Site Name NC WAM 4 Development Wetland Type Headwater Forest Assessor Name/Organization Wesley Fryar/Davey Resource Group Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Bear Creek River Basin Cape Fear USGS 8-Digit Catalogue Unit 03030005 County Brunswick NCDWR Region ❑ Yes ® No Precipitation within 48 hrs? Latitude/Longitude (deci-deqrees) 34.311995/-78.191451 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ❑Yes ®No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ®B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ❑A Soil ribbon < 1 inch ®B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 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). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ®B ®B ®B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ®D ®D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ®D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ® 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ®F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ®A >_ 500 acres ❑B ®B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ®H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ®A >_ 500 acres ®B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ®A 0 ❑B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags —wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution —wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ®B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ❑C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D f •� r . 1 r 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ®B Overbankflow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name NC WAM 4 Wetland Type Headwater Forest Date of Assessment 7/6/22 Wesley Fryar/Davey Assessor Name/Organization Resource Group Notes on Field Assessment Form (Y/N) NO 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 Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition 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 HIGH Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition LOW Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW . ailmrw.", S4 si Kp S5 �7 sry, All pr V, e ILL APPENDIX C. RARE SPECIES INFORMATION Roy Cooper, Governor ■�■a NC DEPARTMENT OF J•■■� NATURAL AND CULTURAL RESOURCES ■ ■G■ December 29. 2023 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Mid -Atlantic Industrial Project Dear Kim Williams: D_ Reid Wilson, Secretary Misty BUChanan Deputy Director, Natural Heritage grogram 041011 dK WZEAS[:1 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMEN7! OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET, RnLDO i. NC 27603 . 16-D MAIL SERVICE C D,4TER. RALEIGH, NC 27699 OFC 3}9.707.9120 • FAX 919.707.IN21 ■ E . z $ E \ E t/ e � / e / E sz 2 �» � =a E \ _ O /® 0 o_ } e ± | \ t / \ \ > s § \ c CO CO g 2 \\ 0 0 / \ a v e e e e CO\� \ \ \\\� es a\ _ _ - e u 3 / / e / e / / / / e % %` % / ° O % / % / % % % 3 § / % / / / % % s ® ® z ® z ® ± ± ± ` z ® ` ~ 0 « ± ® ® ©� e / 7 7 e e e o s o > e 0 \ � \ \ \ / / / \ 2 H } > / > > 4 E 4 4.D 4 4 4 4 g = % 4% 4 0 0 00 o 0 0 0 / \\\\ e u e e v v v x v v v v § < 6 ? � \ ( t = \\ E /ƒ CI. ƒ x 2 2 2 2 2 x 4 0g ° ® j \g0 » s.=av \ \ N \ / / y »ece ® a » e yg�/ = e o 3 m® ® e & y o 0 ¢ & 0 s - a 2 e ± e 2 % % % 3 © \ 3 c © \ \ // E Z e o 0 0 a 3 y e v ¢ 3 e � / © 7 \ \ 3 \ % % % \ $ / \ 4\ ° < g \ y\ \ 2 2 \ / COe Z 0 e e \ Ln 0 \ 0 E % % \ z(\ / CO E E ® 5 2// ^ - u \ -0 ® ® « > ® -0 CO1 \ / \ \ CO 0 > > = e 2 \ ) = § m - E \ \ \ / z » u e= \ % \ / 2 / E o 0 0 \/\ ./ 0 0 2 0 E O § e e Z s> a o 2 2 s 3 § / \ E \ / E e e .2 2 CO e k ` 5 3« - k 3 ? e / .J » % s = % a CO ? \ \ / \ \ CO 0 > » e u u= e u e r =. E e e/ E E ® \/CO o \ % y o c o e s m 3 3 z e.2.2 CO y e s » _ _ = CO = _ / = s m \ / E E \ E 0 (\ \ /.\ \ \ ° > 2 _ / / \ / \ / E E 4 0 2 2 -i \ \ \ u / C) \ \ / / \ \ / / % \ 0 ± cc)% m CO / \ \ / \ \ / / \ \ \ \ \ \ \ < \ \ CO CO CO g x x x x 6 6 6 6 6 6 6 / t \\\\m ° E Cl \ Ln E \ E ® E/ / / / / / / / CO w e g m \\\\ \ \ \ 0 CO / j � \ \ CO 2 E } O CO \ \ \ E 0 0 \ ƒ \ \ CO / x 0 ra s \ c CL V r W ■ fi L� F� s� t u ch v r 4 L' 9 P Z � i 8 y J L r J• N a United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0030997 Project Name: Mid -Atlantic Industrial Project December 29, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 12/29/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 12/29/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/29/2023 4 PROJECT SUMMARY Project Code: 2024-0030997 Project Name: Mid -Atlantic Industrial Project Project Type: New Constr - Above Ground Project Description: Industrial project Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.30809025,-78. 18114168580294,14z r ¢�k Counties: Brunswick and Columbus counties, North Carolina 12/29/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 12/29/2023 H. REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6216 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 12/29/2023 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 12/29/2023 E3 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle +++i +i+i ii'+ +++++++ IN 116 ++++ loom ""kNon-BCC +++ ++fi +iii mmmmM�---- non` `■■ ■��� ���� Vulnerable Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action 12/29/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https:Hecos.fws.gov/ecp/species/9406 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9513 12/29/2023 10 BREEDING NAME SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https:Hecos.fws.gov/ecp/species/9398 Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30 and Alaska. https:Hecos.fws.gov/ecp/species/8938 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https:Hecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. 0 probability of presence breeding season I survey effort — no data 12/29/2023 11 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel +++� I +++ ++++ ++++ ++++ ++++ ++++ ++++ +.,— ++++ ++++ ++++ BCC - BCR `gym= ==== ==== rE■■ hi Bald Eagle ■■■` ____ __ I Jill 116 ..� Jill ++++ III khNon-BCC +++i +i+j iiNi +iii Vulnerable --- iii ——— Brown-headedI��� I 10111P iq+111h 11111111111111111111 Nuthatch BCC -BCR Chimney Swift BCC Rangewide ++�. Prairie Warbler �1""' F BCC Rangewide +++ �— --- �—++ ++ —'� ��++— ++++ �—�� —�-- ---� (CON) Prothonotary ++++ ++++ ++++ MillsWarbler 4 1 1 1 1 1 1 . ++++ ++++ ++++ ++++ BCC Rangewide bommo mmmm (CON) Red-headed Woodpecker I III Jill l i l t I.1+11111 +111 ++++ P+11 111+ 111+ +4 I I I I I BCC Rangewide (CON) Swallow-tailed Kite ���� BCC Rangewide ++++ ++++ ++++ 1++1 ++11 ,11+ +111 11.................. (CON) Wood Thrush 111 Jill Jill 1116 — — — — — — — — — — — — ---- BCC Rangewide (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/SUDDlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eas7les-mav-occur- project-action 12/29/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: December 29, 2023 Project code: 2024-0030997 Project Name: Mid -Atlantic Industrial Project Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for 'Mid -Atlantic Industrial Project' Dear Kim Williams: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on December 29, 2023, for 'Mid -Atlantic Industrial Project' (here forward, Project). This project has been assigned Project Code 2024-0030997 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrum cooleyi Endangered • Green Sea Turtle Chelonia mydas Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magni fica Endangered • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered • Rufa Red Knot Calidris canutus rufa Threatened • Tricolored Bat Perimyotis subflavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Step Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative. Therefore, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. As the federal agency or designated non-federal representative deems appropriate, they should submit their determination of effects to the Service by doing the following. 1. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 814-136401592. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. DKey Version Publish Date: 10/19/2023 2of11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2024-0030997 associated with this Project. DKey Version Publish Date: 10/19/2023 3 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Mid -Atlantic Industrial Project 2. Description The following description was provided for the project 'Mid -Atlantic Industrial Project': Industrial project The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)34.30809025,-78.18114168580294,14z ane�h DKey Version Publish Date: 10/19/2023 4 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No DKey Version Publish Date: 10/19/2023 5 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No DKey Version Publish Date: 10/19/2023 6 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key selected -definitions No 11. Your project overlaps with an area where northern long-eared bats may be present year- round. Is suitable northern long-eared bat habitat present within 1000 feet of project activities? Yes 12. Will the action cause effects to a bridge? No 13. Will the action result in effects to a culvert or tunnel? Yes 14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel is smaller in either of these two dimensions. No DKey Version Publish Date: 10/19/2023 7 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 15. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No 16. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 17. Will the action directly or indirectly cause construction of one or more new roads that are open to the public? Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed action but is not an explicit component of the project). No 18. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic on one or more existing roads? Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). . No 19. Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare? For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). No 20. Will the proposed action involve the creation of a new water -borne contaminant source (e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)? No DKey Version Publish Date: 10/19/2023 8 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 21. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 22. Will the action include drilling or blasting? Yes 23. Will the drilling or blasting affect known or potentially suitable hibernacula, summer habitat, or active year-round habitat (where applicable) for the northern long-eared bat? Note: In addition to direct impacts to hibernacula, consider impacts to hydrology or air flow that may impact the suitability of hibernacula. Additional information defining suitable summer habitat for the northern long-eared bat can be found at: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected- definitions Yes 24. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes DKey Version Publish Date: 10/19/2023 9 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 PROJECT QUESTIONNAIRE Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing. 828 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 828 Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at breast height, dbh) be cut, knocked, or brought down from any portion of the action area greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre. Yes Enter the extent of the action area (in acres) from which all potential NLEB roost trees will be removed. If all NLEB roost trees will be removed from multiple areas, entire the total extent of those areas. Round up to the nearest tenth of an acre. 828 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 0 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? No Will all project activities by completed by April 1, 2024? No DKey Version Publish Date: 10/19/2023 10 of 11 Project code: 2024-0030997 IPaC Record Locator: 814-136401592 12/29/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: Gary.H.Beecher@usace.army.mil DKey Version Publish Date: 10/19/2023 11 of 11 RCW SLOPES Manual — North Carolina March 2022 Appendix B — Red -cockaded Woodpecker Effects Determination Key Mid -Atlantic Industrial Project; Brunswick Co. ORM2 No.: USFWS Reference No. (if applicable): SAW-2008-01015 Date 02/15/24 US Army Corps a1 Eng noers 1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific results from a project -specific IPaC or internal USACE GIS review)? a) Yes......................................................................................................................................... go to 2 b) No...................................................................................................................................... No effectZ 2) Is the action area' located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................... go to 3 b) No (the project is located in piedmont, sandhills, or southeastern coastal plain).................go to 4 3) Is the action area' located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................... go to 8 b) No...................................................................................................................................... No effectZ 4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches dbh')? a) Yes.......................................................................................................................................... go to 5 b) No...................................................................................................................................... No effectZ 5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both)............................................................................................................... go to 6 b) No............................................................................................................................................ NLAA' 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................... go to 9 b) No............................................................................................................................................goto7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action areal? a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http://saw- reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)l of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed .................................... go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed).......................................................................... NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred................................................................................................................................. NLAA3 d) No, a survey was not performed....................................................................Consultation required' Survey of project area was performed by DRG (see additional info below). 10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes.................................................................................................................Consultation required' b) No......................................................................................................................................... go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.' a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that adequate amounts of foraging habitat would remain post -project ...................................... NLAA3 b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project Consultation required' c) No, an FHA' has not been conducted..........................................................Consultation required' 'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.miI/FO/PMList.pdf. 'No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf) -'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reg.usace.army.miI/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf). 'Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf). 8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence Additional Information The tract has historically been utilized for timber production, and most of the site currently supports a canopy of loblolly pines (Pinus taeda) in stands of varying ages. Smaller clusters of longleaf pines (P. palustris) are located in the south-central part of the site. Several dirt roads provide access throughout the property. As indicated above, there are existing overhead transmission lines that transect the property. These utility corridors are mowed and support goldenrod, dog fennel, and other herbaceous species. The site has been harvested several times over the last 24 years, with clear -cutting occurring in different parts of the tract in 1998, 2005, and 2006. Additional thinning of stands occurred in 2008, 2010 and early 2018. More mature pine stands are located in the southcentral, central, and eastern portions of the property. These areas contain pine trees that are between 6" and 18" DBH. The older pines (greater than 12" DBH) are infrequent. Like many other sections of the tract, this area supports a fairly dense understory of red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua) shrubs and trees. More recently 14 RCW SLOPES Manual — North Carolina March 2022 harvested areas of the tract support loblolly pines that are 4" to 8" diameter at breast height (DBH). These areas exhibit a moderate to thick shrub layer of red maple, sweetgum, and loblolly pine. These areas are generally too young and densely vegetated to provide suitable nesting or foraging habitat. More mature pine stands are located in the southcentral, central, and eastern portions of the property. These areas contain pine trees that are between 6" and 18" DBH. While there is typically a dense shrub layer present, the canopy above the shrub layer is fairly open. These areas appear to provide suitable nesting and foraging habitat for the red cockaded woodpecker. Surveys were conducted in these stands of older and larger pines. No cavities or RCWs were observed. Therefore, although the site does contain suitable nesting and foraging habitat for this species, it does not appear to currently support any nesting colonies. The additional 30 acres that was more recently added to the project consists of loblolly pines, red maple, and sweetgum trees. The pines appear to be approximately 20 years old (average 6"-10" DBH). A dense understory and shrub layer of pines, red bay, horse sugar, titi, and black gum is also present. Because of the relatively young age of pines and overall amount of hardwoods in this area, it does not appear to be suitable RCW nesting or foraging habitat. 15 APPENDIX D. LCFUMB CREDIT RESERVATION LETTER LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY March 22, 2024 TO: Brunswick Business & Industry Development FROM: Lower Cape Fear Umbrella Mitigation Bank c/o Bill Early c/o Davey Resource Group Inc 1175 Turlington Avenue #202 3805 Wrightsville Avenue, Suite 15 Leland, NC 28451 Wilmington, NC 28403 Project: Mid -Atlantic Industrial Park (Brunswick County, NC) Dear Mr. Early: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non - riparian wetland impacts associated with the Mid -Atlantic Industrial Park project (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. I Mitigation Type I Credits Reserved Fee Per Unit Fee Stream 1 0.0 I $740.09 $0.00 Non -Riparian Wetland I 22.2 $64,727.61a $1,436,952.94 - [Riparian (Riverine) Wetland 0.0 $76,150.13 $0.00 Total Fee $1,436,952.94 'Note that the quoted fee represents a 15% discount for mitigation credit needs equal to 10 or more credits. For mitigation needs less than 10 credits, the retail fee of $76,150.13 will apply. Based upon receipt of your email transmitted on March 21, 2024, LCFUMB will reserve 22.2 non -riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $1,436,952.94. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at christian.preziosi@davey.com Sincerely, Davey Resource Group Inc. (agent for LCFUMB) iJ Christian Preziosi Principal Consultant