Loading...
HomeMy WebLinkAbout20221135 Ver 2_401 Application_20230124Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221135 Version* 2 Is this project a public transportation project?* Reviewer List: * Select Reviewing Office: * Yes No Sue Homewood:eads\slhomewood:Sue.Homewood@ncdenr.gov Winston-Salem Regional Office - (336) 776-9800 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/28/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Existing ID #: 20221135 20170001 (no dashes) Project Name: TriWest Business Park Is this a public transportation project? Yes No Existing Version: 1 Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Davie Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 5917.3 Tri-West Bus Park_PCN submittal_1.24.23.pdf TriWest BC - Building 2_2022.12.21.pdf TriWest Business Center Stormwater Report 2023.01.17.pdf Only pdf or kmz files are accepted. 24.15MB 33.91 M B 6.63MB Describe the attachments or comments: PCN Application Stormwater Management Plan Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: 1/24/2023 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021- Begin Date (Date Received): 08.16.22 Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Tri West Business Park 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The site is being developed with the Tri-West Business Park. 4. Property Owner / Applicant [PCN Form A3 or A4]: Mocksville Development Partners 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: David Brame/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: US Highway 158, Mocksville, Davie County, NC 36.134614 ° /-79.891898 ° 8. Project Location— Tax Parcel ID [PCN Form Bla]: 5840855939 9. Project Location — County [PCN Form A2b]: Davie 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mocksville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Ceadr Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Yadkin/03040101 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 P I LGT P I L O T G E O L 0 G 1 C A L. P L L C January 20, 2023 Ms. Sue Homewood Division of Water Resources, Winston-Salem Regional Office Department of Environmental Quality Ms. Sam Dailey U.S. Army Corps of Engineers Wilmington District, Regulatory Division, Charlotte Field Office Reference: PCN Application Revised Submittal TriWest Business Park US Highway 158 Mocksville, Davie County, North Carolina DWR 401 Project #20221135/SAW-2020-01262 Pilot Project 5917.3 Dear Ms. Homewood/Ms. Dailey: Pilot Environmental Inc. ("Pilot") has prepared this PCN application on behalf of Mocksville Development Partners, LLC. The same project was previously reviewed by your offices and a denial letter was issued on December 12, 2022. 1 have attached the denial for your reference. The denial letter indicated that the following additional information would be required: As requested in the Request for Additional Information dated October 3, 2022: In order to ensure protection of downstream water quality, please provide a complete stormwater management plan for review. Please ensure that it includes all appropriate supplemental forms, O&M agreements, calculations, engineering drawings, etc., that complies with the requirements of the State Stormwater Program. The Stormwater Design Manual and applicable forms may be found on the DEMLR's website at https.Ildeq.nc.govlabout/divisions/energy-mineral-land-resourceslenergymineral-land- permit-guidance/stormwater-bmp-manual. A Stormwater Management Design Report, dated January 17, 2023, has been prepared by Oak Engineering and uploaded to the Project Submittal Interim Form. For your reference, the Request for Additional Information response, dated November 18, 2022, prepared by Pilot is included as an attachment. Lastly, please see attached a new PCN application that has been prepared to request approvals for proposed stream and wetland impacts. We appreciate your time and consideration of this PO Box 128, Kernersville, NC 27285 www.pilotenvir(.com Request for Additional Information November 18, 2022 matter. Please contact us at 336.310.4527 if you have any questions concerning the proposed plan. Sincerely, David S. Brame, PWS Senior Project Manager Michael T. Brame, PWS Principal DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 12, 2022 DWR # 20221135 Davie County Mocksville Development Partners LLC Attn: Mr. Daniel Barnes PO Box 341 Dobson NC 27017 Delivered via email to: danielb@crown-companies.com Subject: DENIAL of 401 Water Quality Certification Application Tri-West Business Park Dear Mr. Barnes: On August 19, 2022, the Division of Water Resources (Division) received your application requesting an Individual 401 Water Quality Certification from the Division for the subject project. On October 3, 2022, the Division notified you that your application was incomplete and requested additional information. The Division received a response to that request on November 29, 2022 and upon review of the information submitted it has been determined that additional information is still necessary in order to certify the project. Notwithstanding North Carolina regulations governing the timeline for the Division's review of 401 Water Quality Certification applications, the U.S. Army Corps of Engineers has indicated that the Division's reasonable period of time for action on your application under section 401 of the Clean Water Act concludes December 16, 2022. Therefore, the Division must act on your 401 Water Quality Certification application at this time. The Division has determined the application is still incomplete and the Division has insufficient information to issue a 401 Water Quality Certification for the discharge from the proposed project. Therefore, in accordance with 15A NCAC 02H .0507(e) and 40 CFR § 121.7, your application for a 401 Water Quality Certification is hereby denied. Once you have addressed the items below you may reapply to the Division including a complete application package and appropriate fee. The Division's decision can be contested as provided in Chapter 150B of the North Carolina General Statues by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CARou Na 336.776.9800 DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8 Tri-West Business Park DWR# 20221535 Denial Page 2 of 3 Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This completes the review of the Division under section 401 of the Clean Water Act. Please be aware that you have no authorization under the Water Quality Certification Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Sue Homewood at 336-776-9693 or.Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, D�ocuSiigggned /by: n. JM0.Ct' 1_.49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: David Brame, Pilot Environmental Inc. Samantha Dailey, USACE, Charlotte Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch file North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 Noa1HCAaD_NA 336.776.9800 DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8 Tri-West Business Park DWR# 20221535 Denial Page 3 of 3 Additional Information Required: As requested in the Request for Additional Information dated October 3, 2022: In order to ensure protection of downstream water quality, please provide a complete stormwater management plan for review. Please ensure that it includes all appropriate supplemental forms, O&M agreements, calculations, engineering drawings, etc., that complies with the requirements of the State Stormwater Program. The Stormwater Design Manual and applicable forms may be found on the DEMLR's website at https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy- mineral-land-permit-guidance/stormwater-bmp-manual. The SMP submitted on November 29, 2022 proposed dry detention basins for stormwater detention. For any high density developments (with BUA greater 24%), stormwater from all BUA shall be treated in a Primary stormwater control measure (SCM). Dry ponds are designated as secondary SCM in the State Stormwater Design Manual. In addition, none of the required supplemental forms (including application form SWU-101), O&M plan/agreements, design calculations, engineering drawings, etc., are included with this submission. Alternatively, you may provide the following information for the proposed SMP to ensure that the project will comply with 15A NCAC 02H .0506(b)(2) and (3). 1. A discussion on how the project will not cause degradation of downstream surface waters when considering the volume and velocity of the increased flows and the current size/condition of the receiving stream. 2. Delineation of each drainage area and accompanying calculations to show that flows from every discharge point will be non -erosive to both the land surface and the receiving surface water during the peak flow from the 10-year storm event. You may refer to the guidelines from DEMLR - Sedimentation and Erosion Control to determine an appropriate non -erosive velocity. The permissible velocities for erosion protection are under Appendix 8.05 (i.e. Chapter 8). 3. Calculations to demonstrate that for any discharge points proposed to increase flow rate and volume, the structural stability of the receiving surface water will not be compromised. 4. Designed drawings (both aerial and profile views showing the actual designed dimensions) and calculations of any proposed diffuse flow or detention systems and any vegetated conveyances (if provided). North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaaD_NA 336.776.9800 P I LGT P I L O T G E O L 0 G 1 C A L. P L L C November 18, 2022 Ms. Sue Homewood Division of Water Resources, Winston-Salem Regional Office Department of Environmental Quality Reference: Request for Additional Information TriWest Business Park US Highway 158 Mocksville, Davie County, North Carolina DWR 401 Project #20221135/SAW-2020-01262 Pilot Project 5917.3 Dear Ms. Homewood: Pilot Environmental Inc. ("Pilot") has prepared this response on behalf of Mocksville Development Partners, LLC to address a Request for Additional Information from the NCDEQ dated October 3, 2022 (attached). The information requested and our responses/comments are included below. 1. Please provide more details regarding avoidance and minimization of impacts for this project. Please clarify if the buildings have been designed for specific end users or are speculative in nature. It appears that resizing and/or redesign of one building has the potential to significantly reduce impacts for this project. Please redesign the project to further avoid and minimize the impacts or provide specific detailed information regarding user requirements/sizing criteria, parking lot size criteria, truck parking sizing, and roadway needs to clearly document avoidance and minimization for the current design. Response — the main building referenced above has been designed for a user. The user of the main building will require a 1,200,000 square foot distribution and manufacturing facility. The facility will contain storage/manufacturing areas and office areas, restrooms and employee break areas, trailer docks, storage parking, employee parking and landscaped areas. Additionally, the user will require minimally obstructed circular flow that does not comingle foot traffic with tractor trailer traffic. A circular flow is also necessary for operational efficiencies of the occupant and for safety purposes of emergency personnel services. The site has been designed for a user that anticipates up to approximately 200 tractor trailer trips per day and approximately 600 vehicular trips per day for employee and visitors. The proposed facility is anticipated to operate three shifts that allow 24-hour per day operations. Necessary trailer docks, trailer storage, distance between docks and trailer storage (i.e. cross dock configuration), vehicular parking areas and general vehicular and tractor trailer flow pattern has been designed based upon the user's anticipated requirements and general safety. PO Box 128, Kernersville, NC 27285 www.pilotenvir(.com Request for Additional Information November 18, 2022 It should be noted that a larger building and parking and access infrastructure are preferred for growth and flexibility but has been reduced to its current size in order to avoid impacts to the wetland located further north. While an alternatives analysis has not been completed in conjunction with this request, it is widely known in the market that there are no other properties located within the piedmont of North Carolina that can accommodate a facility of this size or at least not without far greater impacts to streams and wetlands. Additionally, the site is located adjacent to Interstate 40 and situated strategically between major commerce destinations. Due to the size and shape of the property and locations of other streams and wetlands, the proposed building orientation is the only logical layout of the building and surrounding infrastructure on the site. Other orientations of the building would impact far more streams and wetlands. A reduced building length would not further decrease the amount of stream and wetland impacts. A reduced building width would minimally reduce the amount of impact and not meet user requirements. It should also be noted that the southwestern wetland proposed for impact is of low quality and cultivated annually and that the applicant has proposed to provide mitigation for impacts to the wetland at a 2:1 ratio despite its low quality. Due to its proximity to the highway and the minimal amount of impact required to construct a facility of this size, the proposed site has been identified as a viable option for the proposed project. 2. Notwithstanding the answer to item #1, please provide more detailed design information so that the Division may evaluate additional potential water quality impacts. Multiple areas within the project show the limits of buildings, roadways, and stormwater control measures immediately adjacent to the boundaries of jurisdictional features. It appears that the plans provided with the application may not be detailed enough to account for any potential additional impacts for fill slopes, temporary construction access and/or temporary erosion control measures. Response —There are no additional impacts for fill slopes, temporary construction access or temporary erosion control measures. Please refer to the attached EX 1 - TriWest Business Park —Stream and Wetland Impact Exhibit. 2 Request for Additional Information November 18, 2022 3. The application states that the project is subject to a local government post construction water quality stormwater review, however according to the Division of Energy, Mineral and Land Resources website, this project is located outside of any local government jurisdiction for water quality stormwater review. Therefore, in order to ensure protection of downstream water quality, please provide a complete stormwater management plan for review. Please ensure that it includes all appropriate supplemental forms, O&M agreements, calculations, engineering drawings, etc., that complies with the requirements of the State Stormwater Program. The Stormwater Design Manual and applicable forms may be found on the DEMLR's website at https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- permitguidance/stormwater-bmp-manual. In addition, please also submit the application form SWU101(attached). However, The 505 application fee and last two signature pages of this form may be omitted. Response —Please refer to the attached Stormwater Management Design Report for TriWest Business Center prepared by Oak Engineering. 4. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;" In order for the Division to fully evaluate potential hydrological impacts on some stream and wetland features within the project limits, please provide the location of all outlet structures from the SCMs shown on the proposed plan sheet. In order to avoid further requests for additional information upon receipt of the response to this item, the Division strongly encourages that you carefully evaluate the proposed site plan for locations where existing surface hydrology will be redirected and would therefore have the potential to remove or reduce the existing functions of a stream and/or wetland. Based on the current proposed plan the Division believes there is significant potential for indirect impacts to some features within the overall project limits. Response —The locations of stormwater ponds and outlet structures have been revised and are shown on the revised Wetland and Stream Impact Exhibit (attached). In order to avoid secondary impacts to streams and wetlands by removing/redirecting hydrology, a French drain has been added to Stream SC, stormwater ponds have been placed upgradient of several features and outlet structures repositioned to the heads of features. The French drain will resupply hydrology back to the start of Stream SC and Wetland WD. Additionally, Stream SC and Wetland WD are groundwater induced systems, meaning that the groundwater surfaces in these areas providing hydrology to the stream and wetland. While upgradient surface water may be redirected, there will be no dewatering or disturbance to the groundwater table. As such, hydrology to Stream SC and Wetland WD will continue to be supplied by the groundwater table. The stormwater pond outlets have been realigned to discharge to the heads of features during storm events and will further aid in rehydrating downgradient streams and wetlands by capture and slow infiltration back into the surrounding features. The stormwater ponds are located upgradient of the streams and 3 Request for Additional Information November 18, 2022 wetlands, and will recharge to these features in their entirety. Wetland WT discharges into a grass lined ditch. Removal of hydrology from this area will have no impact on the quality or function of the downgradient feature. Wetland WA and features located downgradient of WA are not expected to be impacted as 40 percent of the drainage area will remain as pervious surface. Additionally, over 40 percent of its drainage area will continue to contribute to the hydrology of Wetland WA. Closing We appreciate your time and consideration of this matter. Please contact us at 336.310.4527 if you have any questions concerning the proposed plan. Sincerely, 'os-' 114-17 40.- David S. Brame, PWS Michael T. Brame, PWS Senior Project Manager Principal Attachments: NCDEQ-Request for Additional Information dated October 4, 2022 EX1 TriWest Business Park— Wetland and Stream Impact Exhibit TriWest Business Center Stormwater Report (uploaded to online Project Submittal Interim Form) 4 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 3, 2022 DWR # 20221135 Davie County Mocksville Development Partners, LLC Attn: Mr. Daniel Barnes PO Box 341 Dobson NC 27017 Delivered via email to: danielb@crown-companies.com Subject: REQUEST FOR ADDITIONAL INFORMATION Tri-West Business Park Dear Mr. Barnes: On August 19, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: Please provide more details regarding avoidance and minimization of impacts for this project. Please clarify if the buildings have been designed for specific end users or are speculative in nature. It appears that resizing and/or redesign of one building has the potential to significantly reduce impacts for this project. Please redesign the project to further avoid and minimize the impacts or provide specific detailed information regarding user requirements/sizing criteria, parking lot size criteria, truck parking sizing, and roadway needs to clearly document avoidance and minimization for the current design. Notwithstanding the answer to item #1, please provide more detailed design information so that the Division may evaluate additional potential water quality impacts. Multiple areas within the project show the limits of buildings, roadways, and stormwater control measures immediately adjacent to the boundaries of jurisdictional features. It appears that the plans provided with the application may not be detailed enough to account for any potential additional impacts for fill slopes, temporary construction access and/or temporary erosion control measures. 3. The application states that the project is subject to a local government post construction water quality stormwater review, however according to the Division of Energy, Mineral and Land Resources website, this project is located outside of any local government jurisdiction for water quality stormwater review. Therefore, in order to ensure protection of downstream water quality, please provide a complete stormwater management plan for review. Please ensure that it includes all appropriate supplemental forms, O&M agreements, calculations, engineering drawings, etc., that complies with the requirements of the State Stormwater Program. The D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NOMlH naouNa 336.776.9800 Mocksville Development Partners, LLC DWR# 20221135 Request for Additional Information Page 2 of 3 Stormwater Design Manual and applicable forms may be found on the DEMLR's website at https://deg.nc.gov/about/divisions/energy-mi neral-land-resources/energy-mi neral-land-permit- guidance/stormwater-bmp-manual. In addition, please also submit the application form SWU- 101 (attached). However, the $505 application fee and last two signature pages of this form may be omitted. 4. Pursuant to 15A NCAC 02H.0506(b) "a 401 Water Quality Certification may only be issued upon determining that the proposed activity will comply with state water quality standards which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in rules of 15A NCAC 02B .0200... In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity: (2) would cause or contribute to a violation of water quality standards; (3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;" In order for the Division to fully evaluate potential hydrological impacts on some stream and wetland features within the project limits, please provide the location of all outlet structures from the SCMs shown on the proposed plan sheet. In order to avoid further requests for additional information upon receipt of the response to this item, the Division strongly encourages that you carefully evaluate the proposed site plan for locations where existing surface hydrology will be redirected and would therefore have the potential to remove or reduce the existing functions of a stream and/or wetland. Based on the current proposed plan the Division believes there is significant potential for indirect impacts to some features within the overall project limits. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaao_wa 336.776.9800 Mocksville Development Partners, LLC DWR# 20221135 Request for Additional Information Page 3 of 3 Please contact me at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Ho"Iewood 456ED631098F411... Sue Homewood Division of Water Resources, NCDEQ— WSRO Electronic cc: David Brame, Pilot Environmental Inc. Samantha Dailey, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file North Carolina Department of Environmental Quality I Division of Water Resources D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NOR1H CARou Na 336.776.9800 IISIHX3 1:)VdWi WV3USS (3NV913M I X3 N —17 1 — — — — I _9 —N —3 3 N 3II'S31NVdM3 WOND 3HI ■ FD VNIIONVD HAOND 31Av4 GVON NOIDNIMYd IlVd SSMisaa 1s3m LU In z 9 n''r�'7 At N•:: -�l H r_ AR:3_iNA EnAroniro¢nYalQr Rty Wai V .4r. Eovr Lr.., Office Use Only Corps Action ID no. Click to enter.] Date received: [Click to enter.] DWR project no. Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.954668' Longitude (DD.DDDDDD): 80.520644' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%2OFile%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide- Perm its/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. 10/19/2021 DWR ID # Click to enter. Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: * Davie Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form -Version 1.5, September 2020 0 Nationwide Permit (NWP) 1b. Permit tpe(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No NWP number(s): NWP 39 RGP number(s): Click to enter 1 d. Type(s) of approval sought from the DWR (check all that apply): N 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is this an after -the -fact permit/certification application? ❑ Yes N No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes N No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes N No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes N No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? * Daniel Barnes 1 b. Primary Contact Email: * danielb@crown-companies.com 1 c. Primary Contact Phone: ' (###)###-#### 336-386-9790 1 d. Who is applying for the permit/certification? (check all that apply) ® Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Mocksville Development Partners, LLC 2b. Deed Book and Page No.: 011960344 2c. Responsible Party (for corporations): Daniel Barnes 2d. Address Street Address: PO Box 341 Address line 2: CIicK uw UlILer. City: Dobson State/ Province/ Region: NC Postal/ Zip Code: 27017 Country: United States 2e. Telephone Number: * (###)###-#### 336-386-9790 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * danielb@crown-companies.com 3. Applicant Information (if different from owner) 3a. Name: Click to entE. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: * Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * David S. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to entE City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: (###)###-#### (336) 708-4617 4e Fax Number: (###)###-#### Click to entE 4f. Email Address: dbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Tri-West Business Park 1 b. Subdivision name (if appropriate): None 1c. Nearest municipality/town: * Mocksville, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 5840855939 2b. Property size (in acres): 201 2c. Project Address: Street Address: US Hwy 158 Address line 2: Click to enter. City: Mocksville State/ Province/ Region: NC Postal/ Zip Code: 27028 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.954668' Longitude (-DD.DDDDDD):-80.520644' 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Cedar Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011402 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcqis.com/apes/PubIicInformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The northwestern portion of the site is developed with a residence, agricultural structures, and outbuildings. The remainder of the site contains fields and wooded areas. Three ponds, Cedar Creek and several streams are present on the site. Forested and emergent wetlands are located throughout the property. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The nearby properites contain fields, wooded areas and residences. The Davie County Health Department is located on adjoining property to the west. Commerical/light industrial development is located along Farmington Road and US 158. 4b. Have Corps permits or DWR certifications been obtained for this i] Yes X No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): IClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 13.0 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 9,840 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 1.475 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an industrial facility. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of Tri-West Business Park on an approximate 201 acre tract. The business park will consist of four buildings, parking lots and roadways. The project will result in 51 built -upon acres. Four entrances from US 158 and one entrance from Farmington Road are required to satisfy safety and development ordinances. When developed, the site will have six permanent stormwater ponds. To facilitate the development, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading of the site and construction of the business park. When developed, water and sanitary sewer services will be provided by the municipality. In order to develop the site with the business park, one stream and three wetland areas will be filled. Wetland and stream impacts have minimized to the extent possible through the careful placement of buildings, parking lots and roads and the use of retaining walls. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Page 6 of 21 PCN Form - Version 1.5, September 2020 Comments: The site was delineated by Pilot Environmental in July 2020. Name (if known): David Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: LU UJ I«. 5c. If the Corps made a jurisdictional determination, X❑ Preliminary ❑ Approved ❑ Emailed Concurrence what type of determination was made? ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2020-01262 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. September 22, 2020 — confirmed by Bryan Roden -Reynolds, USACE (field determination) 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ® Yes X No 6b. If yes, explain. The site is a proposed single phase development. No additional phases are proposed. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Fill (Incl. Permanent WT Seep No Both 0.2402 Riprap) W2 Fill (Incl. Permanent WD Bottomland Yes Both 0.1108 Riprap) Hardwood Forest W3 Fill (Incl. Permanent WL Bottomland Yes Both 0.0466 Riprap) Hardwood Forest W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.3976 ac 2g3. Total wetland impacts 0.3976 ac 2h. Comments: Three wetland impacts are proposed. Wetland impact W1 is associated with building/parking lot construction. This wetland will be filled. The wetland is emergent and has historically been farmed. Wetland impact W2 is associated with parking lot/roadway construction. This wetland will be filled. Wetland impact W3 is associated with parking lot construction. This wetland will be filled. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Fill (Incl. Riprap) Permanent SC2 Perennial Both 4.4 275 S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft M. Total permanent stream impacts: 275 linear ft M. Total temporary stream impacts: 0 linear ft 34. Total stream and ditch impacts: 275 linear ft 3j. Comments: S1 — Stream location 1 will be impacted by permanent fill/riprap associated with the parking lot and roadway. Page 10 of21 PCN Form - Version 1.5, September 2020 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., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site # Impact Reason/ Impact Waterbody Name Waterbody Jurisdiction Impact area (ac) Type Duration Type Type 01 Choose one Click to enter. Choose one Choose one Click to enter 02 Choose one amp/ Click to enter. Choose one Choose one Click to enter Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 4g. Total temporary open water impacts 0 ac 4g. Total permanent open water impacts 0 ac 4g. Total open water impacts 0 ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to UICK to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enfcr pnfcr enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to develop the site and provide the necessary parking and the required access and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, use of retaining walls were used to further reduce impacts to streams and wetlands. In order to avoid secondary impacts to streams and wetlands by removing/redirecting hydrology, a French drain has been added to Stream SC, stormwater ponds have been placed upgradient of several features and outlet structures repositioned to the heads of features. The French drain will resupply hydrology back to the start of Stream SC and Wetland WD. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. Stormwater during construction will be directed into sediment traps. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * 0 DWR 0 Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) 0 In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Yadkin Valley Umbrella Mitigation Bank 3b. Credits purchased/requested: Type: Riparian Wetland Quantity NA Type: Stream Quantity 550 Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: The applicant intends to purchase stream credits from the Yadkin Valley Umbrella Mitigation Bank. Wetland credits are not available and will be satisfied through DMS. 550 LF of stream credits will be purchased to off -set 275 LF of impact at a 2:1 ratio. DMS and Wildlands Statement of Availability (SoA) is attached. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 13 of21 PCN Form - Version 1.5, September 2020 NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits. usace.army. miI/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to ente square feet 4e. Riparian wetland mitigation requested: 0.555 acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: DMS has been contacted and will be used to secure wetland mitigation credits and stream credits should private bank credits not be available at the time of purchase. DMS SoA is attached. Wetland credits will be purchased at 1:1 ration for wetland impact W1 (see attached NCWAM Form) and 2:1 for wetland impacts W2 and W3. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes X No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 14 of21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes 0 No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.,qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20- %20environmental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? 0 Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- 0 Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply) * ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of21 PCN Form - Version 1.5, September 2020 ❑ Phase II ❑ USMP Local Government Stormwater Programs * ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using.* Click to enter. ❑ Phase II ❑ HQW or ORW State Stormwater Programs * ❑ Coastal Counties X Other Comments: A stormwater management plan has been prepared for review as part of the 401 application and uploaded to the online Project Submittal Interim Form. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes X No funds or the 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 (North Carolina) Environmental ❑Yes ❑ No 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules ❑Yes X No (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s) ;lick to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes X No downstream water quality? * 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into an existing sewer line that is located on Framington Road. Additional impacts associated with sewage disposal are not proposed. Page 17 of21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes M No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose 5d. Is another federal agency involved? * ❑ Yes M No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes M No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes M No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes M No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes M No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC Four listed species are identified on the IPaC report (attached). The Tri-Colored Bat, Monarch Butterfly, Michaux's Sumac and Schweinitz's Sunflower are included by the IPaC as federally listed species identified within the project area. Bat hibernacula is not located on the site. The majority of the site contains fields and, so, does not include areas of suitable summer roosting habitat. Potentially higher quality suitable summer roosting habitat was observed on surrounding properties. Percussive activities including blasting or driving piles are not anticipated as a result of construction of the proposed project. Based on availability of similar and higher quality habitat on nearby properties, we have made the determination that the proposed project is not likely to adversely affect the tri-colored bat. Suitable habitat for Michaux's Sumac and Schweinitz's Sunflower is not present on the site and known occurences of these species have not been identified within 2 miles of the site. The Monarch Butterfly is a candidate species and not subject to the provisions of the ESA. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes X No Page 18 of 21 PCN Form - Version 1.5, September 2020 Are there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes 0 No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes X No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr.,qov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ®Yes x❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office's HPOWEB 2.0. Historic properties that are listed or are eligible for listing on the National Register for Historic Places were not identified on the site or proximate to stream and wetland impacts. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes X No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * X By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David S. Brame Signature: * �� 1 //24/2`023 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal5917.3 April26, 2022 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: 643 tfi«,_IA Y /ur6 1'racC�3���LE_ .JC Applicant Information Name: /v%CCeJV/LG�6_ I �/�L4pj-���T r�i4RTn%�•cS t LC Address: �� 43OX 3 &o,3 NC Z70/7 Telephone Number: —,_30 6 — / 7 90 Fax Number: E-mail Address: Signature: �%�C,C�S✓/L�i�vwL4�.JT PiM pate co**-eMJ � «< `/ z 8 z 4 IISIHX3 1:)VdWi WV3USS (3NV913M I X3 N —17 1 — — — — I _9 —N —3 3 N 3II'S31NVdM3 WOND 3HI ■ FD VNIIONVD HAOND 31Av4 GVON NOIDNIMYd IlVd SSMisaa 1s3m LU In z 9 �I r P1 :paonll 1 �•emnil�iil!!N@i"i!!NNY'L,, czo° -'i emu_: - nrm�...•.nn gym..= IIUIIYIiLI{IY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01262 County: Davie U.S.G.S. Quad: NC- Mocksville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Wells Fargo Bank Lorraine Bulloch Address: 150 Fayetteville Street Raleigh, NC 27601 Telephone Number: 919-624-3971 E-mail: Lorraine.bullochAwellsfargo.com Size (acres) 201 Nearest Town Mocksville Nearest Waterway Cedar Creek River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 35.954668 Longitude:-80.520644 Location description: The review area is located on the north side of US Highwav 158; approximately 5.4 miles north of the intersection of US Highwav 158 and US Highwav 64. PIN: 5840855939. Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS Topographic 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 9/22/2020. 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 DATE. We strongly SAW-2020-01262 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 9/22/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if ** lyou do not object to the determination in this correspondence. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: Date: 2020.09.22 15:47:38 -04!00' Date of JD: 9/22/2020 Expiration Date of JD: Not applicable SAW-2020-01262 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: Agent: Pilot Environmental, Inc. Seren Homer Address: P.O. Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 E-mail: shomer(&yilotenviro,com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Wells Fargo Bank, Lorraine Bullock File Number: SAW-2020-01262 Date: 9/22/2020 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 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://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& 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. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 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 opportum 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: Bryan Roden -Reynolds, 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/30/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wells Fargo Bank, Lorraine Bulloch, 150 Fayetteville Street, Raleigh, NC 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, US Highway 158, SAW- 2020-01262 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of US Highway 158; approximately 5.4 miles north of the intersection of US Highway 158 and US Highway 64. PIN: 5840855939. Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS Topographic Map". (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Davie City: Mocksville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.954668 Longitude:-80.520644 Universal Transverse Mercator: Name of nearest waterbody: Cedar Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination. Date: 07/07/2020 ® Field Determination. Date(s):09/22/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. non- resource "may be" resources in wetland waters) subject (i.e., Section 404 review area or Section 10/404) (acreage and linear feet, if applicable SEE ATTACHED TABLE 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 AID 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 are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Drawings 1-5 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® 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 naive: Drawing 1, USGS Topographic Map (1:24,000 Mocksville and Advance, NC) ®Natural Resources Conservation Service Soil Survey. Citation: and Drawing 2A, Published Soil Man (Soil Survey of Davie County, Sheet 3 Dated 1995) ® National wetlands inventory map(s). Cite name: Drawing 2, Web Soil Mal) (Web Soil Survey of Davie County) and Drawing 3, NWI Mai) (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ®FEMA/FIRMmaps: Drawing 4, FEMA FIRM (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Drawing 5, Wetland Man (Dated 07/07/2020) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps and should not be relied upon for later jurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.BRYAN.IENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.09.2215A809 04'00' Signature and date of Regulatory staff member completing PJD 9/22/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 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 fmalizing an action. Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 PA 35.959462 -80.524969 0.12 Non -wetland 404 PB 35.956093 -80.522955 0.24 Non -wetland 404 PC 35.955266 -80.520983 1.12 Non -wetland 404 Cedar Cr 35.948831 -80.513514 4850 Non -wetland 404 SA 35.959589 -80.524528 190 Non -wetland 404 SB 35.959676 -80.524329 30 Non -wetland 404 SC 1 35.95755 -80.524235 770 Non -wetland 404 SC 2 35.956401 -80.524931 350 Non -wetland 404 SD 35.955708 -80.520983 240 Non -wetland 404 SE 35.956023 -80.522571 580 Non -wetland 404 SF 35.955147 -80.521563 70 Non -wetland 404 SG 35.954035 -80.521595 330 Non -wetland 404 SH 35.955048 -80.512743 1650 Non -wetland 404 SI 35.948844 -80.513567 780 Non -wetland 404 WA 35.959268 -80.525937 0.884 Wetland 404 WB 35.959577 -80.524636 0.04 Wetland 404 WC 35.959668 -80.523972 0.025 Wetland 404 WD 35.957145 -80.524337 0.401 Wetland 404 WE 35.955951 -80.523189 0.066 Wetland 404 WF 35.956054 -80.52232 0.201 Wetland 404 WG 35.955978 -80.52138 0.115 Wetland 404 WH 35.955066 -80.52159 0.017 Wetland 404 WI 35.954382 -80.521242 0.227 Wetland 404 WJ 35.955829 -80.520822 0.126 Wetland 404 WK 35.957391 -80.519917 5.597 Wetland 404 WL 35.95628 -80.518853 0.211 Wetland 404 WM 35.956136 -80.516595 1.283 Wetland 404 WO 35.95646 -80.516074 0.209 Wetland 404 WP 35.953014 -80.515836 0.071 Wetland 404 WQ 35.950667 -80.51297 0.43 Wetland 404 WR 35.952449 -80.513296 0.127 Wetland 404 WS 35.954148 -80.514695 2.715 Wetland 404 WT 35.954208 -80.527954 0.24 Wetland 404 S8 WB �30 LF 0.04 ac. We N SAJ 0,025 ac, PA 190 LF WA 0.12 ac. WK 0.884 ac. 1 5,597 ac. Sc Wo 770 LF A 0.401 ac. SC 2 PB Cedar Cr 350 LF1710 LF \ 0-24 ac. WF SE 590 LF SD DP-60 0, 201 ac, \1 240 LF \bDP-5 DP-2 WG 5F �7 DP� ---1-0.115 ac;, Fl WE 70 LF \-1 # \ WJ 0WL 211 ac 0.066 ac. 0.126 ac. .. WrA 1.283 ac. WH WT 0.24 ac, 0,017 ac. SG K 330 V ODP-4 1.12 ac. DP-3 W1 WP 0.227 a-C, 0.071 a '7 A� -------- IK� V - 006 r: Jg wo U09 ac, Cedar'I- 3141D LF WR 0.127 ac. WQ /0.43 a LEGEND Site Boundary FLAG NUMBERS/INFORMATION Pond 4, WETLAND FLAGS Perennial Stream Wetland STREAM FLAGS Wetland Flags 337 Stream Ky -10 Stream Flags = Flagged at origins DP Data Point and intersections; surveyor locate intersections; Lu -4 WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON SEPTE M BER t22, 2020. LOCATIONS OF INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. ��. n N Drawing 5 Wetland Map 2018 Satellite Imagery from ESRI US Highway 158 and Pilot GPS Data Approximate 201-Acre Tract Scale: 1" = 600' Date: 7.7.20 PIL111 Mocksville, Davie County, NC Revised: 9.22.20 PILOT E N V I R 0 N M E N T A L . �IN C Pilot Project 5917 T ++ F+ { r I Vp �r df • t '! 'K6_ '� •' LEGEND - Site Boundary Drawing 1 :. USGS Topographic Map USGS Topographic Map US Highway 158 Approximate 201-Acre Tract Mocksville and Advance t NC Quadrangles PILM Mocksville, Davie County, NC Scale: 1" = 2,000' L r LOT LY1'IR6NMCNT/i X{ Pilot Project 5917 4 i { y � i LW Jk qL a IAN 'Alt 1. dr I s LEGEND Site Boundary R� Drawing 2 Web Soil Map USDA Web Soil Survey ,. :'. rr ;. US Highway 158 of Davie County, NC = _.: Approximate 201-Acre Tract ++* M1 Mocksville, Davie County, NC Scale. 1 - _ 600 PI r LOT !'IVIRDNMCNT/i. M{ Pilot Project 5917 PIS L 0 T L Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 600' NWI Map US Highway 158 t Approximate 201-Acre Tract Mocksville, Davie County, NC PILOT Pilot Project 5917 Ir LOT L Y 1' I R O N M C N T/ i X{ so '*'r 000-MA � � r .17 UILPANEL a QJ `31; 2008� wy.. i %,AREA F Y Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 600' ._;a IT. �• ' LEGEND Site Boundary . � ;•+ *ffR 1 %Annual Chance Flood Hazard }' Regulatory Floodvay s Sped al Floodvay Area of Undetermined Flood Hazard f` 0.2%Annual Chance Flood Hazard Future Conditions 1 %Annual Chance Flood Hazard Area with R educed Risk Due to Levee 4' I' PI r L O T L 4 V I K 6 N M C N T/ L M{ FEMA FIRM US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 W-4 1 0.954 ac, se W& a0 LF 0.94 ac,N_11� We 4J425 •C- 5A PA 190 4� 0.12 ac. _W L 770 LF wwo 0_401 ac. 5C z 350 LF� � WF 0, 201 x. FLAG NUMBERS/INFORMATION WE 0-066 ac. WK 5.547 ae. PB !4 ac SF 5@Q LF %V 740 LF 11F O P 1 iAl1 70 L, �P 2( o,12rt W L! 0,017 ar, 5G •.�L A30 LF 1 1� oc . -4 \ODP ODP-3 Cador Cr 1710 LF DP-60\ r ODP-5 y 1 0.231 ac, WM s 1.283 arc, , M227ac. * '--- -�b __ 0_1071 i' W O r _ VT Site Boundary Pond WETLAND FLAGS = I I I Perennial Stream STREAM FLAGS = I////////I Wetland Wetland Flags = 337 DP-1 O Data Point Stream Flags = Flagged at origins and intersections; surveyor locate - WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON SEPTEMBER 22, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 7.7.20 Revised: 9.22.20 tLD T ! Y V I K D N M C N T/ i M{ Wetland Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USAC E AID#: NCDWR #: Project Name Tri-West Business Park Date of Evaluation 7/6/20 Applicant/Owner Name Mocksville Development Partners LLC Wetland Site Name WT Wetland Type Non -Tidal Freshwater Marsh Assessor Name/Organization David Brame Level III Ecoregion Piedmont Nearest Named Water Body Dutchmand Creek River Basin Yadkin -Pee Dee USGS 8-Digit Catalogue Unit 03040101 County Davie NCDWR Region Winston-Salem r - Yes 3'- No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.954248°/-80.527816° Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? �w Yes ' - No Regulatory Considerations - Were regulatory considerations evaluated? Yes i No If Yes, check all that apply to the assessment area. I Anadromous fish 1 Federally protected species or State endangered or threatened species I NCDWR riparian buffer rule in effect i Abuts a Primary Nursery Area (PNA) i Publicly owned property I N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) I 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 1 Tidal (if tidal, check one of the following boxes) Lunar i Wind i Both Is the assessment area on a coastal island? 3 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 w 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 of an effect. GS VS A A Not severely altered is B is B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <- 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub 3­ A i 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 i 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). 3. Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. 3' A i A Majority of wetland with depressions able to pond water > 1 foot deep B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C i C Majority of wetland with depressions able to pond water 3 to 6 inches deep D D Depressions able to pond water < 3 inches deep 3b.A Evidence that maximum depth of inundation is greater than 2 feet B Evidence that maximum depth of inundation is between 1 and 2 feet C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. i A Sandy soil B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. �` A Soil ribbon < 1 inch B Soil ribbon > 1 inch 4c. A No peat or muck presence ` B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub A w A Little or no evidence of pollutants or discharges entering the assessment area B i B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F A I A I A > 10% impervious surfaces F B F B F B Confined animal operations (or other local, concentrated source of pollutants) F C F C F C > 20% coverage of pasture (J D r ❑ F* D > 20% coverage of agricultural land (regularly plowed land) F E F E r^ E > 20% coverage of maintained grass/herb F F F F f F > 20% coverage of clear-cut land F7 G r G r_,� G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? 3' - Yes w No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) i 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 3-' No 7e. Is tributary 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. 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 i H < 5 feet 9. Inundation Duration - assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. 3' - A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation 3' - 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. is 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 C B C B C B From 100 to < 500 acres C C C C ( C From 50 to < 100 acres C D C D ( D From 25 to < 50 acres C E C E C E From 10 to < 25 acres CF CF CF From 5 to < 10 acres C G C G C G From 1 to < 5 acres C H H ( H From 0.5 to < 1 acre I (: I ( I From 0.1 to < 0.5 acre (- J J is J From 0.01 to < 0.1 acre C K C K C` K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness - wetland type condition metric (evaluate for Pocosins only) I- A Pocosin is the full extent (> 90%) of its natural landscape size. B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas - landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely C A f" A > 500 acres C B B From 100 to < 500 acres C C C From 50 to < 100 acres C D D From 10 to < 50 acres {: E (9 E < 10 acres C" F f F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ( Yes f" 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 directiions? If the assessment area is clear-cut, select option "C." A 0 B 1to4 C 5 to 8 15. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) C 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. C 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 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) f- A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). C. B Vegetation diversity is low or has > 10% to 50% cover of exotics. C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? (9 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. (9 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 n f' A i� A Canopy closed, or nearly closed, with natural gaps associated with natural processes mC B f B Canopy present, but opened more than natural gaps U f: C {: C Canopy sparse or absent oC A f A Dense mid-story/sapling layer in f - B C B Moderate density mid-story/sapling layer t: C (+ C Mid-story/sapling layer sparse or absent s f— A (- A Dense shrub layer t C B C B Moderate density shrub layer U t: C (: C Shrub layer sparse or absent s C A C A Dense herb layer f: B (: B Moderate density herb layer = i C C C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) f A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). t: B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ( A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. C B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. t: 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 A 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. i`A B `C (9D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. !— A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. ` C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 1I Non -Tidal Freshwater Marsh Date Assessor Name/Organization 7/6/20 David Brame Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) YES 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 Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition NA Sub -Surface Storage and Retention Condition NA 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 NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Condition Water Quality Condition Condition/Opportunity Opportunity Presence? (Y/N) Habitat Condition LOW Overall Wetland Rating United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0072440 Project Name: Tri-West January 24, 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 designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed 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.). Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species 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 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 01/24/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, 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 Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 01/24/2023 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 01/24/2023 Project Summary Project Code: 2022-0072440 Project Name: Tri-West Project Type: Commercial Development Project Description: The site is being considered for Industrial development. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.95645245,-80.5212764211077,14z Counties: Davie County, North Carolina 01/24/2023 3 Endangered Species Act Species There is a total of 4 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 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 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 Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 01/24/2023 01/24/2023 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. 01/24/2023 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. 1►/_11uhl 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. 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. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA 01/24/2023 BREEDING NAME SEASON 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. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 01/24/2023 3 No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non B C Jill +,+ —++ III Jill +++ +---Jill Jill Jill Jill VulProthonotary +—�+ ++++ —+++ Jill Jill Jill IN + W�-- ---- +�-- —+—� ---- azbler BCC Rangewide (CON) Rusty Blackbird +--+ ++,+ —+++ --++ — — — — — — — — —+++ +--- — — — — +--- —'—� — BCC -BCR Wood Thrush BCC Rangewide •' Mimi (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. 01/24/2023 4 What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 01/24/2023 5 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell 01/24/2023 me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 01/24/2023 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • Palustrine RIVERINE • Riverine 01/24/2023 2 IPaC User Contact Information Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 Lead Agency Contact Information Lead Agency: Army Corps of Engineers cn .� � �® � : wo4w � > IX: \ �\, R��Km% o X � C, 5, }} 0 . _a � PAR-, � } \ _ 1�-a tc� �f �f n Jafffpqka © R*Rc�� r Dairy Ra � Ln !/ $ L � 2 § g LA § a w \ SLU o ` k k Qj n = ] j ) \ k d % § § ) § } j j j ± 5 \ ] ƒ b § § 5 / } G § } 4 ■ PC 0 ■ � e w , j ■ e LA+ - ® ` / EFH Mapper Report EFH Data Notice Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional fishery management councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate regional resources. Query Results Degrees, Minutes, Seconds: Latitude = , Longitude = Decimal Degrees: Latitude = , Longitude = The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units. EFH No Essential Fish Habitats (EFH) were identified at the report location. Salmon EFH No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location. HAPCs No Habitat Areas of Particular Concern (HAPC) were identified at the report location. EFH Areas Protected from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Daniel Barnes Mocksville Development Partners, LLC 121 N. Crutchfield Street Dobson, NC 27101 Project: Tri West Business Park NORTH CAROLINA Environmental Quality August 10, 2022 Expiration of Acceptance: 2/10/2023 County: Davie The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040101 Riparian Wetland 0.398 Yadkin 03040101 Warm Stream 275 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Deputy Director cc: David Brame, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 HOLDIN*Gs Stream Credit Statement of Availability August 10, 2022 THE CROWN COMPANIES, LLC 121 N. Crutchfield St., PO Box 341 Dobson, NC 27017 Attn: Mr. Daniel Barnes RE: Availability of Stream Credits for the "Tri West Business Park" project Bank Name: Yadkin Valley Umbrella Mitigation Bank Bank Site: Dugger Creek Mitigation Site Bank Sponsor: Wildlands Holdings IV, LLC USACE Action ID No. SAW-2017-01918 Permittee: Mocksville Development Partners, LLC Stream Credits Needed: 550.00 LF — Cool Stream Stream Credits Available: 11,227.00 LF — Cold Stream Yadkin 03040101 River Basin Dear Mr. Barnes, Wildlands Holdings IV, LLC currently has sufficient cold stream credits from the Yadkin Valley Umbrella Mitigation Bank - Dugger Creek Mitigation Site to satisfy the mitigation requirements related to the above -mentioned project. The project is located within the Yadkin (HUC 03040101) watershed. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form within the 404-permit approving the mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings IV, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or ayarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 HOLDIN*Gs Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales avarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Mr. David Brame, PWS I Pilot Environmental, Inc. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 David Brame From: 401 PreFile <401 PreFile@ncdenr.gov> Sent: Thursday, April 28, 2022 4:34 PM To: Heather LaGamba Subject: Automatic reply: [External] Pre -File Notice - Tri-West Business Park - US Highway 158 (5914.3) This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-germittinR-contacts For Non -Transportation Regional Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- perm itting/staff-contacts 2 133HS MAOD '"3NAVd �3MOU— 3111ASN>OW �O• 71 0* VNIIOdVD HIdON 'AiNnoD 31Ava jlnI �VMH�IH sn DI :A: Z ONiaiig - MIND SS3NissIS3MIM Yf 5NOI—I F" Vg- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 2 0 0 =3 uv 2 7 E i , Z1a:r w LU Z Ui Ui Lu LF) C44 z LU (!) § Z Z;g o CO co LU ■ T 7, 2 5 �6 M S31ON D3r08d O - '"3NAVd �3MOU— 3111ASN>OW VNIIOdVD HIdON '�iNnoD 3iAv4 AVMH�IH sn 1131N8`3D SUNisnsISMIll Z ONiaiing 2 I -gig s P WO 2 2 2 z 7 6 0 2 2 2 6 2 0 z �b z 2 7 0p of 0- 5 P Y 6 6 W H M� z 2 7 z —H M 2 8W -2 -1 7 M ."'n M �66 z B 2 Z 9 0 Z, o t 0 g 6 N Be S z 86�c 29 -to �Z- :E 0 HN-P 16 0 0 t2s 4 g ZO z 0 0 6 nt 7 Z .ouHH R. 7-7, 2 hl 0 1 Z 9 t p A� 2 5 POM 2,g P, N 9 7 o HN p 'n u 0127 Z 4 z 0 2 d oz W" q-H V. 2 M`7'�-- z :E 48 di 'p o 2 6 R 2 �n —N� H 0 z z zo 2 oat Z o 76 z 0 z El gE 'I Eu, o 7a-Gg as 8 2 2 22 87 z , z (Sb3H10 A9) SNOI114NOD ONIISIX3 O•�' s Os JT'SL3N1Ytld LJVMH IHs3111AS7pOW ZkOILOx J3fOkd w YNIIOd'YJ H1dON'A1Nf10J 31AY4 O LL p 8S I A ON'OiN SH Z JNimin8 - MIND SUNISf191S3M1111 Holr�n „a33 3 g 'q S..B E k k o6t a�°�yss�• § 6 Ei E a � m pp O ru�, :yzppF� 0y gm � N ti U gC7� ymy rF7-,� m a � R � 3 1 1 xy 1 gg 1 1 £SY$ I I I ooa I oaml��t#� .®I IP I I I NVId 311S 11VM3AO 0*0 �Os _T771 WMINAW �3MOU— 31111 VNFOdVD AldON '�iNnoD 31Av4 111HOIH 11 Z ONiming - 1131N"'D SUNisinsISMIM 5N- 2 A L -V� I t 6 if OEI Ill lliw, II I o NVId Ailliln �Os _T771 '"3NAVd �3MOU— 31111 VNFOdVD AliNnoD 31Av4 n I �VMH�IH sn ..... ... Z ONiaiing - MIND SS3NisnslS3Ml& 5N— I In a2' Me 2 2 2 2 2 2 2 2 2 QN, 17 will 0 llj J� !L Ili � lilt ;L�j hill o A, H, W 9 Toz 31V L ...., o NVId unun Z'£:) IMNAW L 3WdOU3 3111ASJOOW tlNHOd'tlJ H110N' IH 10J 31AtlO s.rv.wv,o»n.a3a a.nnm zoa lzo xlo3roae 85l AtlMHOIH SH i3 s Z JNimin8 -1131N"D SUNISf191S3MIK "` ===�o�r�n e„ a33rv��rv3 L aby i s 1° E 1 I ► ` oi_ I t a � � e 9� :5.9 tL I; �I 1 � E?s s e--y-= .. '""" a o �- c - _ w= i' o _ a a x - o� - �°f JE -2 _- _ _ i 3'9Q x PROPOSED BUILDING 2 e 61 — Ih_ P m lil 77, — - •, i — - S sl 0 wa ----- ---- 9q qP -- � a - _ • , EEEE Wag ' a ns E $ M Ill/ Till q M it In ji - 4aa'ss ffi, im 8 ''1 "NA $ eeee8a'a Y 3aa 11y1 � A ^8 o awaw s a �e m e` €a r � mmamm a'rs 4 _ 8 V G E G 6 i 6 a w m �yr ■■■■■■■■ %■ ■■■■■.MMERM - ■■^■EMARmads. ■■LEI/,%/II/%'/.i I■■1i�'I/IIII/'/umm MERNOWNWHEM ■mnam�����mmom ■���������llEVEM■ - ■AFA00/VA W-1 ■■■ s �Os l - — 2 S31130Ild 113M3S AIIVIINVS MNANno WNIIOdVDW�3OWMOi— 31AMOW VIHMVMHAIHsnD 31Av4 n �� C*C) MIND SS3NisnsIS3MIM Z ONiaiing ... . ... ... ... .............. ....... .......... ....................................... INI HDiY ............................. .... ................... ................... F i � �I ................. ....... ... ...................... ................................. "A NVId 3JVNIVH(l VDNIOV60 010 YNIIOd'tlJ Ii11Nf10J 31Atl4 s.Hsvmo»n. asa a.slnsa zoa lzo xHu3roae 85L AVMHtlMHOIH Sfl Z ONiaiinii - MIND SS3NISf191S3Ml& 5NOI „— --- Z � _ o �d o 2ao20000 /M o�o 00 0 0 / *� �m w � - adda �ao 0 o w as�a _ r j"= r a I v a s n a r / / / i ✓F 0na n / M1� h M" e e �a ---- - s n _ I o, I �0 N Z G of x o A C� f a o � II � a e lip $ 1 _ - dh' „ ry .. I �I In 6 069 3M III �I ^�&8 pp IIad' ry I I any � m e �. � ..✓ ��,� _ moo;- _ r Q m 1 a sra� ,, II III ✓� II I' 'I� - r�'A � ;� P � � I✓ JJ � 111 � a I e� ea` 1) r I I _ I F / r i I I � I i t i �I II I i r I I / I r - I I� S Nd 1. . abn oo as I M al I a I I � e e o d IIII,I s re)frss) �I I I I I �\ LI NVId ONIaVd!D o� .....,, JTI'SL3N1Ytle AldON'1iNn3D3iAvOW YNIIOd'tlJ H1111HAIIH 10J 31Atl4 s.Hsvmo»n. asa a.sinsa zoa lzo xlo3roae 85L AtlMHOIH SH Z JNimin8 - 2131N3� SS3NISf191S3M1& =No�r�n 8 o■eADO - o� � o s o w s o 0 0 LcyzL a� o00 0 .� �a : ry ��. ��T = L �L-� e ry Sao ry. ti i= - l I r 1 1 - a a LL � i ( i � iii� � •cL v I`. F a4G i a. a L� 1� �I -0159 IV o t y s61 It ZL' /� "� / ✓ ////////�/�/.;��iiLL Ll1�iL 3/i'�l/%raj L i - � �, / ';° y �iLL�L�//��«��//�lL%�i/l'/���� q7 7,77AAAMM a o / ....s �Os p l \,Ygu� ,� r— S—O_Vr.2 ' JT ....... S311JOIld 3E)VNIVU(I VMOIS '"3NAVd L3MOU— 3111AMOW VNIIOdVD HIdON 'AiNnoD 3iAv4 n I AVMH�IH sn MIND SS3NisnsIS3MIM Z ONiaiing 5NOI—I -77 Al Iry Al NI N Al I ANI 11 N N, - - - - - - - - - - - - - 7 7 77 Z7 Z7 7 7 7 7 z 22 2 2 0-01 41 a al 80 II S Z# 4NOd 13M - NVId 1N3W30VNVW 1131VMMOIS £•�� JT'SL3N1Ytld LJ3WdOTA3U 3111ASJpOW s�Os l -'? - YNIIOd'YJ HINON'A1Nf10J 31AY4 aiH3Hmo»n. a3a a.sin3a zoa lzo xHu3roae ,g � � 8S l AYMH�IH SH zz/iv z 's Z JNlallfl8 - MIND SS3NISf191S3MIM "-n „a33 3 =nor Z O Wg N ° 1 0 F N N ~ O Z - z J Z O 7 01[ W F NZ O z,z C > S �- �g - -- <8'01[ ao p w Q J z z i0 1 Z C �y r 7 0 V y 3 3 a a III IIII IIII IIII III v 4 £III III IIII IIII III III III o8 F�� � III III I lqL �° I I I I I i a l I I 1111W � �I � I I f I I I I �I I I II Ill I I I I I I I I fl I I I III I I I I I I I I I III I I I 11 11 11 11 11 11 1111 I I I I I I I III I I 11 11 11 11 11 11 II II I I I I I I I I I I I I I I I III II I I I I I I of I I sll oll I I I I I m= I oll I � ;II II I I I I I I III I I I I I o 1 1 1 I I a6 a111 I I I I I 'III I I I I I I I I I I I I I old` ry` a z zz 2 F Z C# GNOd 13M - NVId IN3W30VNVW 1131VMMOIS NAVd �3MOU— 3111ASN>OW s��Os l -'? - 'N"o'vJ ""oN"iN'oJ Z Z:A ONiaiing - MIND SS3NisnsIS3MIM 5NOI—I 0 2' ZQa 8 0 Ao 15 Z'I Mifl 2 z - z =z az 0 LL z Ed io, Im 0 nxT t D 3: I�I III "A ,2V, IIIIt1 �..... r NVId JNIdV:)S(3NVI ..*...:) YNHOd'YJ H1dON'A1Nf10J 31AY4 ® s.Hsvmo»n. asa a.sinsa zoa lzo x11—d 85 L AVMH`JIH SH Z JNIaiimi -1131N3� SUNISf191SMIll =Nolan „a•3����• Wx 3 - 5 $al va z x a e w s a� w s4aw (J a z a o 3 W :i s z� OCy a w 6N — d � Q w N z i O � JSUgVGR r !o- w �4 _ s s 0 amm ° a y z� d s` f / ■hail =�I N / I I p � If pdo N a 0 a a" 3 W 0 31130bd V NVId UVOb:)mind 0•9:) YNIIOd'tlJ Al1Nf10J 31Atl4 s.Hsvmo»n. asa a.sinsa zoa lzo xNlo3roae 85L AVMHtlMHOIH Sfl Z JNlallfl8 - MINDSS3NISf191S3MR11 =NoI /1 Nw3o;��er �� ,'� oe"PINse4oess939's ,'� ., � i !ii�''�'i��uii iV ate ! - M4�Oi; ;; WE -,)a5 I _ b 1 I I I m� �33 I= I ~� L3jI S � I - III 33 _ s3imun :)nand 1*9:) �Os I WMNAW L3MOU— 3111l VNll HIdON 'AiNnoD 3iAva n I AVMH�IH sn Dl�l Z:' Z ONiming 5NOI—I MD INSS3NisnIM sIS3M 99 1 MH S ialn ay —4- — ---------- - ------- bioz A/ 2 2 2 2 2 2 2 2 2 2 2 2 2 m o �{ \ .p t�Y Ym SlIV130 LAMM JTI'Sa3Nlatld LdON' iNn3D3iAvOW YNHOd'YJ H1VMIH IHsn 31AY4 8S l AYMH�IH SH O•L' zoa lzo xlo3roae Z JNi(ni i - 2131N3D SS3NISf191S3MIM SHoinna �� � I € yp�ypi�yy�yy l� l� �\Ij\� mC Pk`i �x$� 4 vN3 Mill 71 rijjz /�� yg £x.ppp In w ��Y. tl'�uk 3x"'6YS�e3d 3 oei. — W d & etod4�� tC3 �'w-'" Jo - z o ~ O Q eg 3a,'gw: oa �11��\\\\\\\\ lY. '4 g — Q IrLd Y I m Q B old o�..e 8 gggg e3 - Ld �n e N g ej _ ® ?'+5� OIIIz6<F III 543 l; ^§m- k 2 � ®IJ z '" "6S Sp c� `` gp�gp yo R 0. 8_: M d. 8p O O d`r 1.0 e `p€p H P OWN a E $$ �£¢y.3z zY bg€Y yy �tYE� qY�&4d}; 9 Nil; a 01M.-- 8 34, yyxyg���.3s §e=�ps m � II�y ,k fie .FdF YV§ of iI'N �k k ��H a • =®I®III. =alm�ol mill . fll�'lll ��� I • 91II® II®9I:= EIIDI 11 SlIll DROIld •L� yNll Od'tlJ H131Atl4 S l >.,.�o...�nena=3e aura= zoa i3o x1�3roae 8AVMHtlMH�IHIH sn Sfl Z JNimin8 - MIND SUNISf191S3MIM b a �33 room=°a gm R m a = € Jgek fbS ~ ra a.S rbY 00 &:g a5 �Tu Ns€ 9a' ' E tl € oay £� Uigp� 3 F �� 4Noo'� o6ew 63$ rv=_Fg& w. ass ale€3 k a3xo a x ��s g& s a ewe 0■®®®�0000®�®®009 p o g £k F b F� aW ai 2M "c abg S o w sm 3 g p An ZV. e: e - s a g>o o pa>€ 4e z ee �w o€ w8 �� xs '� _> :�y�s g ffs g ff� w "s9 €$. `r= =aWw VM��11= o y�wll� i l6k g " @! `3j:' r4 `sass: ® @@ 33• E �' $F Za �a= z g �_a d6 a '.k^ 38 se �3 n."e "" he �z 3ng®g6g� @s � "6 0 §wake a Z s A de gees y 5ng. @s � ?<<I �ud�sd3"pyk� R =QMgi 3 a�E i""a : <§ a Bps g@a E "o; i5agz a w�sg ri"�gd$� g 6 Eak •3�'. arm ��.ee -4 _T7710 �Os SlIV130 DROIld '"3NAVd �3MOI— 3111AMOW VNFOdVD HMOWiNnoD 3iAva AVMH�IH sn 1131N8`3D SS3Nisns1S3M1& Z ONiaiimi !RIa&IniiijT;i ON, E! R� :111. 1 q INI;p iI, `5 V x 0' 14" M N -i - , " -n < ,I U� > ;, - H F < Tqtl3N w . 'k. Sill 'I m H N I F—, I 5 t., < >< x It HEN < N - 30- 13— N-3.- 4 N N59 � I !� MH 0 Pdmw . , -po -M 91 i g + N 1, V fil I MAV —ON D-1 —S A1NtlE10 W -ON I-- --1 �3— i N, z < RE gin, Ml Z NN!' UP-h gZ� Ell 19 W-UpORNH.; !.,Sks,,I kb Pd, seeig lw w !7T � — i WN iAH MR 0 —ON -- 1. 11-1 6038 NN 0 z :� N % z X... IA 1,41 -A, IN T c� z 0' H 4 Nr",A d hm H ........... SlIV130 LAMM �•L� n�m O - YNHOatlJ HIdON IHsn 31ntl4 sHanna zoa i[o xn3roae 85l AtlMH',JIH SH Z JNlaiimi - 2131N3D SS3NISf191S3MIM lopoollooloo MINIMUM MOORE HIS ,r n m� e og > — a N � 110 w z r e°s, @ § 3 1 6 ggS €€ sg b3 3 E£ r 3 3 4g seas �� � 3 g ro o s a very a:� e n sR s, • ' 3kd9 e; ; ey ss $.3�5 dim a. N �'� a§ A- � u; .aAA saws €. 3 a� s. �eaaaaa000000 eo�`,�� �e����0000000 II �am0000a �em�a��� --