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HomeMy WebLinkAbout20201326 Ver 1_401 Application_20201124Wetlands and Environmental Planning Group November 13, 2020 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Leonard S. Rindner, PLLC. Put RECEIVED NOV 2 4 2020 NCDEQIDWRINPDES Subject: Pre -Construction Notification for NWP#39 for the 46.51-acre 6890 Konica Dr Facility project, in Whitsett, Guilford County, North Carolina. Dear Mr. Wojoski, We submitted the following PCN for a NWP 39 for the above mentioned project electronically to USACE. It has been received and assigned as SAW-2019-01264. I've enclosed a check for the application fees in the amount of $240.00. Please contact me at 828-699-3697 or jeff.levi@wetlands-epl;.com if you have any questions. Sincerely, i Jeff Levi, Biologist Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704)904-2277 len. rindner@wetlands-epg.com www.wetlands-epg.com 1 Len Rindner, PWS Principal Asheville Office: 1070 Tunnel Rd., Bldg. I Suite 10, PMB 283 Asheville. NC 28805 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2019-01264 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: 6890 Konica Dr Facility 2. Work Type: ❑Private ❑ Institutional ❑ Government ❑✓ Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: Commercial development in Guilford County 4. Property Owner / Applicant [PCN Form A3 or A4]: Intersect Greensboro I LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Jeff Levi c/o Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form B 1 b]: 36.05927,-79.579246: 46.51 acres located at 6890 Konica Drive, Whitsett, NC. 27377 8. Project Location —Tax Parcel ID [PCN Form Bla]: PIN: 8824808917-000, Parcel #: 217642 9. Project Location — County [PCN Form A2b]: Guilford 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Whitsett 11. Project Information —Nearest Waterbody [PCN Form B2a]: Little Alamance Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Cape Fear / 03030002 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Wetlands and Environmental Planning November 13, 2020 Mr. David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Assigned Project Manager U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Ms. Sue Homewood NCDEQ Division of Water Resources 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 Mr. Paul Wojoski NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Leonard S. Rindner, PLLC. Subject: Pre -Construction Notification for NWP#39 for the 46.51-acre 6890 Konica Dr Facility project, in Whitsett, Guilford County, North Carolina. Dear Ms. Homewood, and Messrs. Bailey, Wojoski, and assigned project manager for USFWS, Enclosed is a Request for Nationwide Permit # 39 for the 6890 Konica Dr Facility site on +/- 46.51 acres located at 6890 Konica Drive, Whitsett, NC. 27377. The site is a proposed Commercial development consisting of one wetland totaling approximately 0.014 acres and three streams totaling approximately 1,064 linear feet. A preliminary jurisdictional determination request (SAW-2019-01264) was previously submitted, field reviewed by USACE (David Bailey) and NCDWR (Sue Homewood) on 08/20/2019, and approved by USACE (D. Bailey) on 05/07/2020. Please note that the ownership of the property and the project applicant has changed since the JD review. The project name switched from CA Global Spec to 6890 Konica Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville. NC 28805 (704)904-2277 len.rindner@wetlands-epg.com 1 Environmental Planning Group Leonard S. Rindner, PLLC. Dr Facility. Please refer to the Jurisdictional Determination and Approvals sections for information on onsite surface waters. As shown on the attached exhibits, the proposed project will include impacts to one wetland for fill, and grading in order to accommodate the building and needed parking. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, and location/orientation of the proposed access routes. The total permanent impacts proposed include 0.014 acres of wetland impacts (Wetland Y). It was not possible to avoid impacts further due to the terrain, the centralized location of the wetland and the resulting fill required to accommodate the building and associated parking. Efforts of impact minimization were implemented during the design to preserve the existing hydrology and limit adverse effects to existing, onsite natural habitat. The applicant has demonstrated substantial avoidance and minimization efforts in which 100% of the 1,064 linear feet of stream channels will be avoided. This includes directional boring of a utility line under Stream Z with no proposed impacts to the stream or its buffer. Due to the minimal impacts including 0.014 acres of wetland impacts, no mitigation is being proposed. Enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (828) 699-3697 or email at jeff.levi@wetlands-epg.com. Sincerely, i Jeff Levi, Biologist Len Rindner, PWS Principal Charlotte Office: www.wetlands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville. NC 28805 (704)904-2277 len.rindner@wetlands-epg.com 2 C O u a a Q .E L 0- Permit Application Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: 6890 Konica Dr. Facility 2b. County: Guilford 2c. Nearest municipality / town: Whitsett 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Intersect Greensboro I LLC 3b. Deed Book and Page No. 008317-01046 3c. Responsible Party (for LLC if applicable): Scott Brown 3d. Street address: 1266 West Paces Ferry Rd, STE 181 3e. City, state, zip: Atlanta, GA 30327 3f. Telephone no.: 678-984-6675 3g. Fax no.: 3h. Email address: scott@intersect-group.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jeff Levi 5b. Business name (if applicable): Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 5c. Street address: 10612-D Providence Road, PMB 550 5d. City, state, zip: Charlotte, NC 28227 5e. Telephone no.: 828-699-3697 5f. Fax no.: 5g. Email address: jeff.levi@wetlands-epg.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 8824808917-000 1 b. Site coordinates (in decimal degrees): Latitude: 36.05927 Longitude:-79.579246 1 c. Property size: 46.51 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Little Alamance Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: 03030002 - Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of a mixture of forested areas with maintained clearings/fields. General land use in the vicinity consists of commercial and light industrial developments. 3b. List the total estimated acreage of all existing wetlands on the property: 0.014 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,064 3d. Explain the purpose of the proposed project: The project consists of grading, fill, and BMPs for a commercial development. 3e. Describe the overall project in detail, including the type of equipment to be used: Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? X❑ Yes ❑ No ❑ Unknown Comments: PJD Request approved 05/07/20 (SAW-2019-01264 ) 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): J. Levi & P. Kealy Agency/Consultant Company: WEPG Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A PJD request was submitted and field verified by USACE and NCDWR on 08/20/19 (SAW-2019-01264). See JD section for details. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep Yes Corps 0.014 W2 Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.014 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 - Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tem ora T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation. then vou MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the location of the on site wetland, opportunities to avoid this area is limited. Impacts to site surface waters associated with the proposed development were minimized through site selection location, design, location/orientation of the building, associated parking areas and access routes. Relocation of utilities, specifically a fiber optic line, will be completed by directional boring avoiding all impacts to Stream Z. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires El Yes X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 50.1 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan is being reviewed by Guilford County and is designed to meet their criteria. 2e. Who will be responsible for the review of the Stormwater Management Plan? Guilford County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Guilford County ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4. DWQ Stormwater Program Review Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater, on the site be transported to the nearest reatment facility via sewer lines. generated will Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A threatened/Endangered species assessment was conducted in which no protected species were identified. A UE/Protected species evaluation report is included with this submittal. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No essential fah habitat in this region. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO's website: http://gis.nedcr.gov/hpoweb/ S. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? http:/Igis.guilfordoountync.gov/guilfordjs/; www.fema.gov Jeff Levi J 11-13-2020 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Wetlands and Environmental Planning Aunt Authorization Letter S. Rindner, The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream/wetlands) identification/mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s). Project/Site Name: 6890 Konica Dr Facility Property Address: 6890 Konica Drive, Whittsett, NC 27377 Parcel Identification Number (PIN): 0217642 Select one: I am the current property owner Name: 5 GOOFY L- io;t d V t4 Company: �l`�i C-+�� L �.�t�1..at� Ya r- 9-1 t C7t20,S' Mailing Address: Houirpu- M '&-L. R 0 - SVITS 6 a 1�T "riA op -or 3 D b i $ Telephone Number: __ 6'?0- [ 9>y' 1♦♦0 b% S Electronic Mail Address: c Buyer* / Other` � r,4viscc4"- c, Cv ✓vi 10 / A q/Ra Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory. I Jill Charlotte Office: www.wetiands-epg.com Asheville Office: 10612-D Providence Rd. 1070 Tunnel Rd., Bldg. 1 PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704)904-2277 (828)708-7059 IenxindnerQwetlands-epg.com 2 amanda JonesCai)wetiands-epg.com Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,a By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. SG o"r; G-, `i T4*%Aq Print Name Capacity: 19 wner ❑ Authorized Agents 10 Act I Zao Date E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. HI believe that the site may be comprised entirely of dry land. Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination & Approvals WAS Perennial Stream A Project Boundary (- 900 LF, 0.06 acres) — Limits of Study 4 - (+/- 46.51) f -- --- ,f. VOW y* ,a �► ? f lk � 1 r ! Y/ k Stream )j Form 3� a 4 Intermittent t Stream X 78 LF, 0.009 acres) Intermittent Stream Z r (- 86 LF, 0.006 acres) 4f 0 r � x a Wetland Data 4 " ' , Form (DPI) t` Stream 7 Form c (DP4) ' Culvert , 66 e_ Wetland Y Stream ' _ 8 t ` •� Form �» ', • acres) A MON �l Stream • Form LEGEND (DP5) M rV Non -Wetlands Waters ® Wetland: Photo location and direction Field Verified by Q Project boundary study limits USACE and/ NCDEQ on 08/20/2019 LOCATION 1:4,000 Lat: 36.059489 2N 0 187.5 375 750 ft vv Long:-79.579038 2W 0 55 110 220 m HUC: 03030002 (HAW) Acres: 6890 Konica Dr. Facility Drawn by: Reviewed by: +/- 46.51 Guilford County, NC PJK JAL FIGURE 1 Date: Approximate Wetland Map Prepared for: 07102119 For survey and study purposes only Intersect Greensboro I LLC Rev 11105120 Subject to USACE/NCDEQ verification 1266 West Paces Ferry Rd, STE 181 r Atlanta, GA 30327 Guilford County, NC LOCATION Lat: 36.059489 2N Long:-79.579038 2W HUC: 03030002 (HAW) r,) Acres: +/- 46.51 FIGURE 2 Date: 07102119 Rev11105120 6890 Konica Dr. Facility Guilford County, NC TAX PARCEL MAP APPROXIMATE LOCATION Subject to USACE/NCDEQ verification two - . y. 1- 1:4,000 0 187.5 375 750 ft 0 55 110 220 m Drawn by: Reviewed by: PJK JAL Prepared for: Intersect Greensboro I LLC 1266 West Paces Ferry Rd, STE 181 Atlanta, GA 30327 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01264 County: Guilford U.S.G.S. Quad: NC- Gibsonville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Leonard S Rindner PLLC / WEPG Attn: Jeff Levi Address: 10612-D Providence Road, PMB 550 Charlotte, NC 28277 Size (acres) —45.51 Nearest Town Whitsett Nearest Waterway UT to Little Alamance Creek River Basin Cave Fear USGS RUC 03030002 Coordinates 36.059270.-79.579246 Location description: Theyroiect area is located on the south side of Konica Drive, ayaroximately 0.7 mile west of its intersection with NC Highway 61, at 6890 Konica Drive, in Whitsett. Guilford County, North Carolina. Theyroiect area is shown as the red -outlined "Project Boundary Limits of Study" on the fieure entitled "Approximate Wetland Map." Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/20/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated _. 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. SAW-2019-01264 ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2na,usace.a rmvmil. C. Basis For Determination: See the Preliminary iurisdictional determination form dated 05/07/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not aaalicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: 2020.05.07 09:14:05 -04'00' Date of JD: 05/07/2020 Expiration Date of JD: Not aimlicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Chaim Piekarski, Konica Ventures, LLC, 114 Tived Lane East, Edison, NJ 08837 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 VPer',eonnial Stream A (- 0 LF, 0.06 acres) M' r -w- �— r1 1 Intermittent Stream Z ( 86 LF, 0.006 acres) r�rar Wetland Y (- 0.014 acres) Project Boundary r _ _ Limits of Study (+/- 46.51) 1. AL. Stream Form 3 = 4 (DP3) e w ti Intermittent Stream X 78 LF, 0.009 acres) 1;lif04• �M Upland Form Wetland Data Form(DPl) �.+i..a�• Stream .• / 7 Form �1 .`, 6 �.i�� (DP4) x • Stream - Form "A 4 Stream LEGEND #0%&I Non -Wetlands Waters ® Wetland 0' Photo location and direction Q Project boundary study limits LOCATION' Lat: 36.059489 °N r r Long:-79.579038 2W HUC: 03030002 (HAW) ri Acres: +/- 46.51 FIGURE 1 Date: 07102119 CA Global Spec Guilford County, NC Approximate Wetland Map For survey and study purposes only Subject to USACE/NCDEQ verification F 9 �J Field Verified by USACE and/ NCDEQ on 08/20/2019 1:4,000 0 18T5 375 750 ft 0 55 110 220 m Drawn by: Reviewed by: PJK JAL Prepared for: Konica Ventures LLC 114 Tived Lane East Edison, NJ 08837 SAW-20 t 9-0 t 264 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND QU R APPE Applicant: Leonard S Rindner PLLC / WEPG Attn: Jeff Levi File Number: SAW-2019-01264 Date: 05/07/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X 1 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 or http://ww\v.usace.anm .mil�Missions, CivilWorks/Rei;ulatoryProaramandPermits.asi2x or the Corps regulations at 33 CFR Part 331. - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the 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 permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2019-01264 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. k SECTION II - RE UE'� Ok APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PPRMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. DINT OF CONTACT P-MMSTIONS 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. Phillip Shannin, Administrative Appeal Review Officer Attn: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5/7/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Patrick Kealy c/o Wetlands and Environmental Planning Group, Leonard S. Rindner PLLC, 10612-D Providence Road, PMB 550, Charlotte, NC, 28277 C. DISTRICT OFFICE, FILE NAME AND NUMBER: SAW-2019-01264 (CA Global Spec / 6896 konica Drive / Guilford County / Whitsett NC) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 6890 Konica Drive. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Guilford City: Whitsett Center coordinates of site (lat/long in degree decimal format): Latitude: 36.059489 Longitude:-79.579038 Universal Transverse Mercator: 17 Name of nearest waterbody: Little Alamance Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 8/20/2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number degrees) degrees) review area (acreage wetland vs. non - may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404) Wetland Y 36.05829900 -79.57951500 0.014 acres wetland Section 404 Intermittent 36.05751700 -79.57829200 78 linear feet non -wetland Section 404 Stream X 0.009 acres waters Intermittent 36.05949900 -79.58118600 86 linear feet non -wetland Section 404 Stream Z 0.006 acres waters Perennial 36.06066800 -79.58147900 900 linear feet non -wetland Section 404 Stream A 0.06 acres waters 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: CA Global Spec_ApproxWtldDelin_aerial_070219_ ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑x Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1:24K Gibsonville NC quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: Guilford County 1977 Sheet 30_ ® National wetlands inventory map(s). Cite name: CA Global Spec_NWI map_070519_ ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): CA Global Spec Aerial maR2018 or ®Other (Name & Date):Representative Landscape Photographs 04/17/19, 06/05/19 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): LiDAR (NC Floodmaps) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date: 2020.05.07 08:45:33-04'00' Signature and date of Regulatory staff member completing PJD DATE , a- �-, 07/02/19 Signature and date o erson requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. DocuSign Envelope ID: 764A832r-36CC-4ADD-oumi-87EB9F6F989C ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality September 25, 2019 Mr. Jeff Levi Wetlands and Environmental Planning Group 1070 Tunnel Rd Building 1 Suite 10 PMB 283 Asheville, NC 2885 Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Subject Property: CA Global Spec, Guilford County Dear Mr. Levi: On August 20, 2019, at your request, Kelli Park and I conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. David Bailey with the US Army Corps of Engineers (USACE) was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached initialed and dated map accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. In addition, the Jordan Lake Buffer Rules may apply to some streams at this location, please be sure to contact the local government for further information regarding the Jordan Lake Buffer Rules. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local North Carolina Department of Environmental Quality I Division of Water Resources Winston Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105 oenuve.m a e�wo�s�w aaar 336.77b.9800 DocuSign Envelope ID: 7B4A832F-3BCC-4ADD-86A1-B7EB9F6F989C Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact Kelli Park at 336-776-9698 or kelli.park@ncdenr.gov Sincerely, ED63109BF4*11 sge.a e,, E #o,�eell ... Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Stream/Wetland Location Map cc: David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office Perennial Stream A .;*� Project Boundary (- 900 LF, 0.06 acres) _ -- Limits of Study _R- `n W: a 1�,. - ` . � � � � R � 2 i' e i k Stream ` _ do y' Form 3 4 (DP3) Intermittent ' Stream X 78 LF, 0.009 acres) Intermittent Stream Z� � (� 86 LF, 0.006 acres) k1 ��r t r Upland Data ��'•�� l�b;; Form(DP2) Wetland Form (DP3) Iq 7 Stream 4 Form Culvert (DP4) x, Wetland Y ti- Stream 8 n t 1 Form ►° ' -. (- 0.014 acres) , +.. (DP6) r• aka11 .'. . Stream a Form .� N 10 h LEGEND (DPS) ` I'\I Non -Wetlands Waters ® Wetland Photo location and direction Field Verified byUSACE and/ NCDEQ Q Project boundary study limits 3. on 08/20/2019 LOCATION A j Ds 1:4,000 Lat: 36.059489 2N kA 0 187.5 375 750 ft Long:-79.579038 2W 9/19/2019 0 55 110 220 m HUC: 03030002 (HAW) Acres: CA Global Spec Drawn by: Reviewed by: +/- 46.51 Guilford County, NC PJK JAL FIGURE 1 Date: Approximate Wetland Map Prepored for: For survey and stud purposes only Konica Ventures LLC 07/02/19 y y p p y 114 Tived Lane East + • ' � Subject to USACE/NCDEQ verification Edison, NJ ane Contact Name * Contact Email Address* Project Owner* Project Name * Project County* Owner Address:* Is this a transportation project?* Jeff Levi jeff.levi@wetlands-epg.com Intersect Development Group Konica Industrial Guilford Street Address The Forum at West Paces Address Line 2 3290 Northside Parkway, Suite 825 Uty Atlanta Fbstal / Zip Code 30327 r Yes r No Type(s) of approval sought from the DWR: R 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express f Individual Permit f Modification f Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* SAW-2019-01264 State / Rovince / Fegbn GA Country USA Do you know the name of the staff member you would like to request a meeting with? Sue Homewood / Kelli Park Please give a brief project description below.* The forthcoming PCN will be a request for Nationwide Permit #39 for the Konica Industrial project located on 46.5 acres at 6890 Konica Drive, Whitsett, NC 27377. The site is a proposed industrial development consisting of one wetland totaling approximately 0.014 acres and two streams totaling approximately 164 linear feet. A preliminary jurisdictional determination was submitted and field -verified by David Bailey (USACE), Sue Homewood (NCDWR), and Kelli Park (NCDWR) on 08/20/2019 and was approved by USACE on 05/20/2020. The proposed plan will include 0.014 acres of permanent impacts to one wetland with no stream impacts proposed. Please give a couple of dates you are available for a meeting. 10/21 /2022 Please attach the documentation you would like to have the meeting about. Konica Drive Overview.pdf 782.34KB PCff cI,ry By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature [�B�aiCt-zc Submittal Date 9/29/2020 `wJ Plans/Exhibits EXISTING SITE CHARACTERISTICS Total Project Area = +/- 46.51 ACRES Wetland Impact / Preservation Summary 6890 KONICA DR. FACILITY Guilford County, NC Prepared For: INTERSECT GREENSBORO 1, LLC Prepared By: Thomas & Hutton Date: October 28, 2020 Stream Length Wetland FILL NEW (linear Wetland Size (square FILL (linear EXCAVATE PRESERVE BIfffER RLL Item Wetland Number feet) She (acres) feet) (acres) feet) (acres) (acres) (acres) (CY) WE TLAND ETLAND 1 0.00 0.014 610 0.014 0.00 0.00 0.00 0.00 775.00 Total 0.00 0.014 1 610 1 0.014 1 0.00 0.00 1 0.00 1 0.00 776.D0 LEGEND SITE DEVELOPMENT FILL EXISTING WETLAND 6890 KONICA DR. FACILITY T THOMAS IMPACT SUMMARY '"' H U T T O N CLIENT: INTERSECT GREENSBORO 1, LLC 1020 Euclid Avenue LOCATION: GUILFORD COUNTY, NC Charlotte, NC 28203 • 980.201.5505 DATE: 10-14-2020 DRAWN BY: NH SHEET: 1 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1"= 1' www.thomasandhutton.com �r p EX SANITARY SEWER LAKE MACKINTOS,� BASE FLOOD ELV. 557.00 PER SURVEY COMPLETED BY ALLEY, W1112AMS CARMEN & KING, INC. EX WATERLINE EX NATURAL GAS ■ �° ° EX UNDERGROUND FIBER OPTICS i ! I NOW OR ■ B■00 LLC ■ P8, 179-tilm 17i-7G PIRCSL (89'76a ■M IONIC! D I 'N' 11fAf3b7T, N.C. 27377977 ■ � INTERMITTENT STREAM 'Z' . t377 SF (0.009 AC) I t86 LF ; WITH 50' BUFFER ' `----------- WETLAND 'Y' t610 SF (t0.014 AC CITY OF BURLINGTON PROPERTY LAKE MACINTOSH 6890 KONICA DR. FACILITY EXISTING CONDITIONS CLIENT: INTERSECT GREENSBORO 1, LLC LOCATION: GUILFORD COUNTY, NC DATE: 10-14-2020 DRAWN BY: NH SHEET: 2 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1"= 300' • 14 ' C I C 1 , Igo ; INTERMITTENT STREAM t427SF (0.011 AC) t78 LF WITH 50' BUFFER g,' I - N I -- �- \-- _ _ _ - -X DEOVERHEA POWER T THOMAS Im -& HUTTON 1020 Euclid Avenue Charlotte, NC 28203 - 980.201.5505 www.thomasandhutton.com E T n u v PROP. ATaT^20' UTILITY EASEMENT RELOCATION ALIGNMENT KONICA v— a D' q N q ttEEEE aE� �: EX NATURAL GAS EX WATERLINE PROP. ATaT 20' UTILITY I EASEMENT RELOCATION 11 ALIGNMENT' C PROPOSED BUILDING 200' DIRECTIONAL BORE UNDER THE EXISTING _ INTERMITTENT STREAM Z [ WITH NO IMPACT TO THE _— — — — STREAM OR ITS BUFFER EX.30' �I SSWR ESMT i � II WETLAND IMPACT 01 WETLAND Y /. 0.014 ACRES 610 S0. FT. EX. SANITARY I SEWER OHF SHEET 5 I �_ PROPOSED STORMWATER POND 11 �IIT I I • I EX. 50' —� — I0I POWER ESMT 71) l /FES #Z _S I I FIR: 601.07 — J — — — — — — I0 INV. IN: 598.82 (N) I Y l!>Ow. OO LDC A'� QOOZY 35�8 HSO,LN!}IO{Oy 8MY7 8 J L EX OVERHEAD POWER 6890 KONICA DR. FACILITY OVERALL LAYOUT PLAN CLIENT: INTERSECT GREENSBORO 1, LLC LOCATION: GUILFORD COUNTY, NC DATE: 10-14-2020 DRAWN BY: NH SHEET: 3 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1'= 300' T THOMAS 14 - & HUTTON 1020 Euclid Avenue Charlotte, NC 28203 • 980.201.5505 www.thomasandhutton.com /- Ill IIII I (I N I \ PROPOSED \BUILDING FIFE: 627.0 I I \ WETLAND IMPACT 01 \ \\1 1 I — ' WETLAND Y \ \ \ I I I \ 1 0.014 ACRES 610 SO. FT. I f n I •r 626 \ \ I\ 1\ IIII I 1 I I 1 0IIIIII\I�I11\ 1 1 \ \625' 6111 i_/ PRE DRIV j I o � C� i 615 \ \ 1 \ 605 \ \\ \ \ \ 1 595� \ \ \\\ \\ 11 I I I \ \ \ 1 I \ \\\ \ \ \ \\\ \ 1 I \ \\\\ =- 6890 KONICA DR. FACILITY SITE PLAN - WETLANDS CLIENT: INTERSECT GREENSBORO 1, LLC LOCATION: GUILFORD COUNTY, NC DATE: 10-14-2020 DRAWN BY: NH SHEET: 4 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1'= 40' T THOMAS HUTTON 1020 Euclid Avenue Charlotte, NC 28203 • 980.201.5505 www.thomosandhutton.com • PROPOSED GRADE • o i • ; IL � /� . • M 0 INES j 0 0 0 0 0 0010000 ' Immom 0, 0 0 0: . • • / j l . ego I immmm • ' • GRADE iEXISTING 585 0111111 0+00 1+00 1+50 WETLAND 1 CROSS SECTION STATIONS: -0+55 - 1+50 SCALE: HORZ.: 1" = 100' VERT.: 1" = 10' 6890 KONICA DR. FACILITY NATIONWIDE WETLAND PERMIT CROSS SECTION CLIENT: INTERSECT GREENSBORO 1, LLC LOCATION: GUILFORD COUNTY, NC DATE: 10-14-2020 DRAWN BY: NH SHEET: 5 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1"= 100' T THOMAS HUTTON 1020 Euclid Avenue Charlotte, NC 28203 • 980.201.5505 www.thomosandhutton.com W. 11 11 ►IN �I I ` � - j1c(J I , i I •,�, a� L SHEET 5 EX.30- i � WETLAND PACT #1 P JISSWR ESMT 111 WETLAND Y 0.014 ACRES j� 610 SO. FT. c ps. nm�FUTURE R. . CONNECTION -... BUILDING_ i� EX. 50' h POWER ESMT X �J— 1 \�~ /� FOREBAY * ( I I'11I PROPOSED EX SANITARY \ . STORMWATER SEWER \ ��L ��� \ / POND OUTFACE PIPE env •� �, - — �' - yam..—�,a_.. ( ' ". cueos�m°" rsrr. at 00 Is nav a ais all l��� axv� ig EX OVERHEAD TOTAL SITE AREA: 46.5 ACRES POWER — IMPERVIOUS BUILDING 8i PAVED AREA: 23.3 ACRES PERCENT IMPERVIOUS: 50.1 X 6890 KONICA DR. FACILITY STORMWATER & GRADING PLAN CLIENT: INTERSECT GREENSBORO 1, LLC LOCATION: GUILFORD COUNTY, NC DATE: 10-14-2020 DRAWN BY: NH SHEET: 6 JOB NUMBER: J-27783.0002 REVIEWED BY: WBS SCALE: 1"= 300' T THOMAS FqH-U TTON 1020 Euclid Avenue Charlotte, NC 28203 • 980.201.5505 www.thomasandhutton.com tr Threatened & Endangered Species ~ Report Wetlands and Leonard S. Rindner, PLLC. Threatened / Endangered / Protected Species Evaluation 6890 Konica Drive Facility Guilford County, North Carolina For Intersect Development Group LLC The Forum at West Paces 3290 Northside Parkway, Suite 825 Atlanta, GA 30327 By: Jeff Levi Biologist Wetlands & Environmental Planning Group Field Evaluated: June 5, 2019 & October 17, 2019 Charlotte Office: 10612-D Providence Rd. PMB 550 Charlotte, NC 28277 (704) 904-2277 len. rindner@wetlands-epg.com October 27, 2020 www.wetlands-epg.com Asheville Office: 1070 Tunnel Rd., Bldg. 1 Suite 10, PMB 283 Asheville, NC 28805 OS90 honic�I /b / ix ilih lhr o/"Ile, / hI,h {,r ."d Prolrrledl.p ( ieN Ll'eIII lution GENERAL LANDSCAPE DESCRIPTION: The 6890 Konica Drive Facility site is approximately 47 acres and is located south of I — 85, southeast of Konica Drive, and north of Little Alamance Creek Whitsett, Guilford County, North Carolina (Figure 1). It can be found on the Gibsonville, NC USGS Topographic Quadrangle Map at a latitude of 36.0595 N and longitude of 79.5790 W (Figure 2). The site consists of open mowed fields, roadside edges, utility right-of-ways and wooded edges, disturbed oak -hickory forest, and alluvial forest along stream valleys. The topography is moderately sloped with the elevation ranging from approximately 550 to 660 feet. Figure 1: Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 6890 Konica Dr Facility Threatened Endangered Protected Species Evaluation Figure 2: METHODOLOGY: The US Fish and Wildlife Service website (https://www.fws.gov/raleigh/species/ cntylist/Guilford.html) was referenced to determine the potential occurrence of Threatened, Endangered and Protected species for Guilford County, North Carolina, the results of which are listed below (Table 1). Maps and aerial photographs were assembled and the site was investigated on June 5, 2019 and October 17, 2019. YYEEQ 2 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 6890 Konica Dr Facility- Areatened b7dangered Protected Species Evahtatioai Table 1: Threatened / Endangered / Protected Species listed for Guilford County County: Guilford. NC *Source: US Fish & Wildlife Service (USFWS) **Data search on May 30, 2019; October 16, 2019 Group Name Status Vascular Plants Schweinitz's sunflower (Helianthus Endangered schweinitzii) Vascular Plants Small whorled poQonia (Isotria Threatened medeoloides) Vertebrate Cape Fear shiner (Notropis mekistocholas) Endangered Vertebrate Roanoke loaoerch (Percina rex) Endangered Vertebrate Bald eagle (Haliaeetus leucocephalus) Protected under the Bald and Golden Eagle Protection Act Two plant species with federal protection were included in the survey efforts: • Schweinitz's sunflower (Helianthus schweinitzil), listed as Federally Endangered, is typically found in open habitats which historically have been maintained by wildfires and grazing bison and elk herds. Now most occurrences are limited to roadsides, woodland and field edges, and utility rights -of -way (ROW). • Small whorled pogonia (Isotria medeoloides), listed as Federally Threatened, typically grows under canopies that are relatively open or near features that create long -persisting breaks in the forest canopy such as a road or a stream. It grows in mixed -deciduous or mixed- deciduous/coniferous forests that are generally in second- or third -growth 3 Wetlands and Group Leonard S. Rindner, PLLC. 6890 Konica Dr Facility Pireatened Endangered Protected Species Evaluation successional stages. The soils in which it lives are usually acidic, moist, and have very few nutrients. A total of three animal species with federal protection are listed as potentially occurring in Iredell County: Cape Fear shiner (Notropis mekistocholas), listed as Federally Endangered, is generally associated with gravel, cobble, and boulder substrates, and has been observed in slow pools, riffles, and slow runs. The species is known from tributaries and mainstreams of the Deep River, Haw River, Rocky River and Cape Fear River in Chatham, Harnett, Lee, Moore and Randolph counties. • Roanoke logperch (Percina rex), listed as Federally Endangered, typically inhabit medium -to -large sized warm, clear streams and small rivers of moderate to low gradient. This species is known from portions of the Chowan and Roanoke River basins within the ridge and valley, piedmont, and upper coastal plain physiographic regions, including recent collections in North Carolina in the Dan River, Mayo River, and Smith River watersheds. Bald eagles (Haliaeetus Golden Eagle Protection bodies of open water st where there are suitable roosting. RESULTS: leucocephalus), protected by the Bald and Act, typically inhabit forested areas near large ich as lakes, marshes, seacoasts and rivers fish populations and tall trees for nesting and The site is characterized by open mowed fields, utility right -of ways (ROW), roadside edges, and disturbed oak -hickory forest on slopes leading to alluvial forest along stream corridors. The forested areas are dominated by mixed hardwoods with some areas of dense pine. Areas along lower slopes and valleys have a more mesic composition of species with some alluvial species included. The open areas including the utility ROW, roadside and wooded edges, and open fields have no traditional canopy. Edges support smaller individuals from the surrounding canopy including sweetgum Liquidambar styraciflua), American beech (Fagus grandifolia), and hackberry (Celtis sp.). Shrubs include blackberry (Rubus sp.), autumn olive (Elaeagnus umbellata), multiflora rose (Rosa multiflora), and Chinese privet (Ligustrum sinense). Vines include Japanese honeysuckle (Lonicera japonica). Herbs dominate these areas and include assorted agricultural grasses, goldenrod (Solidago spp.), Queen Anne's lace (Daucus carota), dogfennel (Eupatorium capillifolium), southern crownbeard 6890 Konica Dr Facilirn 1hrealened Endangered Prolected Species Evaluation (Verbesina occidentalis), wingstem (V. alternifolia), bush clover (Lespedeza sp.), aster (Aster sp.), onion (Allium sp.), St. Johns Wort (Hypericum sp.), dogbane (Apocynum cannibinum), wood oats (Chasmanthium latifolium), lopseed (Phryma leptostachya), Agrimony (Agrimonia sp.), elephants foot (Elephantopus sp.), milkweed (Asclepias sp.), mullein (Verbascum thapsus), starry rosinweed (Silphium asteriscus), American burnweed (Erechtites hieraciifolius), and rabbit tobacco (Pseudognaphalium obtusifolium). The disturbed oak -hickory forest has a canopy that includes yellow poplar (Liriodendron tulipifera), oak (Quercus sp.), white oak (Q. alba), red oak (Q. rubra), southern red oak (Q. falcata), post oak (Q. stellata), hickory (Carya sp.), mockernut hickory (Carya tomentosa), elm (Ulmus sp.), and white ash (Fraxinus americana). Areas with dense pine include pine (Pinus sp.), short -leaf pine (P. echinata), Virginia pine (Pinus virginiana), loblolly pine (P. taeda), sweetgum, and eastern red cedar (Juniperus virginiana). The subcanopy supports red maple (Acer rubrum), flowering dogwood (Corpus florida), eastern red cedar, redbud (Cercis canadensis), American beech, southern sugar maple (Acer floridanum), blackjack oak (Quercus marilandica), and transgressives. Shrubs include Chinese privet, autumn olive, strawberry bush (Euonymus americanus), blackberry (Rubus sp.), and American holly (Ilex opaca). Vines include grape (Vitis sp.), and Japanese honeysuckle (Lonicera japonica). The sparse herb layer includes ebony spleenwort (Asplenium platyneuron), Christmas fern (Parthenocissus quinquefolia), southern crownbeard, violet (Viola sp.), Japanese stilt -grass (Microstegium vimineum), pipsissewa (Chimaphila maculata), grape fern (Botrychium sp.), beggarticks (Bidens sp.), and bushclover. Lower forested areas along stream valleys support a more alluvial assemblage of plant species. These include American elm (Ulmus americana), American beech, spicebush (Lindera benzoin), and southern crownbeard. Threatened & Endangered/Protected Species Results All potential habitats for Schweinitz's sunflower along woodland edges, utility right-of-ways and roadside edges were closely examined. No individuals of Schweinitz's sunflower were observed. All potential habitat for small whorled pogonia along open wooded areas and edge communities was closely examined and no individuals of this species were observed. • The streams on -site were examined for the presence of Cape Fear shiner and Roanoke logperch. No individuals were observed during the survey nor would any be expected on -site. 5 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. 6890 Konica Dr Facilitv Threatened bidangered Protected SErecies Evaluation • There is potential habitat for bald eagles on the site along Little Alamance Creek. No bald eagles were sighted during the survey nor were any nests or nesting activity observed. RECOMMENDATIONS: Based on the results of the field evaluation the review of available data, we see no potential for a 'Take' to occur to any of the protected species discussed within this report. WEPG did not identify any protected species occurring on the subject property. No further investigation of the presence of protected species on this site is recommended at this time. Respectfully submitted, Jeff Levi Biologist October 27, 2020 C. ---- ---------------- wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.