20231618 Ver 1_8556.1_Hwy 70_PCN_11.29.23_20231130

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2022-02453
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Highway 70
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑Private ❑Institutional ❑Government Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Attached
4. Property Owner / Applicant [PCN Form A3 or A41: Attached
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Brad Luckey, Pilot Environmental, Inc
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]:
HWY 70
35.6164560/-78.4213320
8. Project Location —Tax Parcel ID [PCN Form Bla]: 167700-29-0735
9. Project Location — County [PCN Form A2b]: Johnston
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Clayton
11. Project Information — Nearest Waterbody [PCN Form 132a]: Cooper Branch
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020201
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

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Highway 70
2b.
County:
Johnston
2c.
Nearest municipality / town:
Clayton
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Robert Doster
3b.
Deed Book and Page No.
00879/0813
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
146 Sunset Drive
3e.
City, state, zip:
Swansboro, NC 28584-9314
3f.
Telephone no.:
312-343-8100
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Developer
4b.
Name:
Ernie Reinstein
4c.
Business name
(if applicable):
WC JOCO 15, LLC
4d.
Street address:
10 Parkway North Blvd, Suite 120
4e.
City, state, zip:
Deerfield, IL 60015
4f.
Telephone no.:
312-343-8100
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Bradley Luckey
5b.
Business name
(if applicable):
Pilot Environmental, Inc.
5c.
Street address:
PO Box 128
5d.
City, state, zip:
Kernersville, NC 27285
5e.
Telephone no.:
336.708.4997
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
167700-29-0735
1 b. Site coordinates (in decimal degrees):
Latitude: 35.61645 Longitude: - 78.42133
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
15.84 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Cooper Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C, NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Structures are not located on the site. Overhead power lines and associated easements cross the central portion of the
site. The site contains undeveloped wooded land and agricultural fields. The site is located within a mixed use area of
Clayton County, North Carolina.
3b. List the total estimated acreage of all existing wetlands on the property:
Wetland=0.07 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to develop the site with an approxiamte 161,200 square foot warehouse.
3e. Describe the overall project in detail, including the type of equipment to be used:
The purpose of the project is to develop the site with an approximate 161,200 square foot warehouse, trailer/vehicular
parking, landscaped areas and stormwater treatment pond. In order to develop the site, it is necessary to fill wetlands.
Clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during
site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No ❑Unknown
project (including all prior phases) in the past?
Comments: SAW-2022-02453
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): Brad Luckey
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD pending, DWR Buffer Determination dated 8.25.23 (attached)
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed
project.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ® P ❑ T
Fill
Ditch
❑ Yes
® No
® Corps
❑ DWQ
0.07
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.07
2h. Comments: Wetland impact 1 will permanently impact 0.07 acres (2,668 square feet) with fill for construction of the
proposed facility.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑P❑T
❑PER
❑Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑P❑T
❑PER
❑Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Stream impacts are not proposed.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site has been designed for a specific user based upon their requirements. The site has been designed to separate tractor
trailer traffic from general vehicular traffic. A circular flow around trailer docks and the facility is necessary for operational
efficiencies of the occupant, for safety purposes of emergency personnel services and for the user to segregate tractor trailer
from vehicular traffic. Necessary size of building, trailer docks, trailer storage, distance between docks and trailer storage (i.e.
half -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.
The proposed project will impact a low quality wetland. Alternative locations for a similar sized development footprint would
generally be expected to result in much more impact than that proposed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing and impact limits will be construction staked Silt fence or other BMPs will be used to prevent down -gradient
sedimentation of nearby off -site waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
ElPayment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
70 %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
The applicant will obtain a SWMP authorization from the Town of Clayton prior to impacts
occuring.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Clayton
❑ Phase II
® NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Impacts from wastewater generation are not proposed.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The IPaC report for the site identifies tri-colored bat, red cockaded woodpecker and several aquatic stream species as
federally protected species that could be proximate to the project area.
The project area contains a drainage ditch that has been excavated below the seaonal high water table and exhibits
wetland criteria. Sporadic saplings and herbeaceous vegetation are present within the wetland. Adjcaent vegetation to
the wetland contains a mature hardwood forest with a very dense mid and understory dominated by common green briar,
trumpet creeper, Chinest privett, olive, holly and japanese honeysuckle. Based on our observations, suitable habitat for
RCW is not located within the project area and therefore we have made the determination of no effect for this species.
A limited amount of mature wooded land, approximately 1.5 acres of less will be cleared within the project area. The
wooded land within the project area is disected by an overhead power line and easement. Similar or higher quality
summer roosting habitat is located on nearby adjacent properties. Therefore, we have made the determination that the
proposed project would not be likely to jeoprdize the existence of tri-colored bat.
The proposed project does not impact streams. The permittee is utilizing best management practices including
implementation of a temporary sediment and erosion control plan during the duration of construction and obtain approval
of a post construction stormwater management plan to minimize the potential for down -gradient sedimentation to
adversely affect nearby streams and down -gradient water quality. Based on the lack of direct impact to suitable habitat
for federally protected aquatic species and the reduced potential for indirect impact to suitable habitat of down -gradient
federally protected species, we have made the determination the proposed project will not adversely affect federally
protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices will prevent sediment from entering down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/) to identify historic and/or archaeological resources of the site.
The map does not identify eligible for listing or listed properties on or near the project area. A copy of the map is included
as an attachment.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA NHFL (Drawing 4, attached)
Digitally signed by Bradley Luckey
DN: cn=Bradley Luckey, o=Pilot
Bradley
Enviromental, Inc., ou,
Bradley S. Luckey, PWS
Luckey email=[e-mail],
11.29.23
Date: 2023.11.29 17:29:56-05'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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: 8175 US 70 Bus
Clayton, NC
Applicant Information:
Name:
Address:
Telephone Number
Fax Number:
E-mail Address
RHO 1914to] i1.y4to
10 Parkway North Blvd., Suite 120
Deerfield, IL 60015
312-343-8100
[e-mail]
1n\
Signature: c� '— Date:8/15/2023

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DocuSign Envelope ID: 5C38609E-8BCA-4B26-BFE8-6F3A47695D7B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
David Brame
Pilot Environmental, Inc
8277 US HWY 70 BUS W
Clayton, NC
[e-mail]
NORTH CAROLINA
Environmental Quality
August 25, 2023
DWR Project 23-291
Johnston County
Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)
Project Name: 8277 US HWY 70 BUS W
Site Address / Location: 8277 US HWY 70 BUS W, Clayton, NC
Dear Mr. Brame:
On August 24, 2023, DWR staff Tyler Clark and Kristina Morales conducted an on -site review of features
located on the subject property to determine the applicability of the above -noted state regulations.
The Division of Water Resources has determined that streams listed in the table below and identified on
the attached maps are shown on either the most recently published NRCS Soil Survey of Johnston
County and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset
High Resolution data at 1:24,000 scale. Streams that are listed as "Subject" on the below table have
been located on the ground at the site and possess characteristics that qualify them to be at least
intermittent streams in accordance with the NC Stream Identification Manual v.4.11 and therefore
subject to the Neuse Buffer Rules. Please be aware that features identified as "not subject" may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water
Act.
Feature
Subject
Depicted
Depicted on
E/I/P/ Other
to Buffer
Start @
Stop @
on
ID
Rules
Soil Survey
USGS Topo
Feature
E
No
Within property
Western edge of
yes
yes
property
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH C of Envi A a 919.707.9000
Deparlmem of Envlronmenml Duali�

DocuSign Envelope ID: 5C38609E-8BCA-4B26-BFE8-6F3A47695D7B
DWR 23-291
8277 US HWY 70 BUS W
Clayton, NC
Johnston County
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Stephanie Goss - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This letter only addresses the applicability of the stated regulations on the features identified on the
subject property and/or within the proposed project area. This letter does not approve any activity
within buffers or within waters of the state. There may be other regulated waters, streams or other
features located on the property that do not appear on the maps or table referenced above. Any
waters, streams, or other features on the site, including the features identified in this letter, may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water
Act. If you have any additional questions or require additional information, please contact DWR staff
Tyler Clark at 919-791-4242 or [e-mail]. This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
EDocuSigned by:
a. f"2916E6AB32144F...
Vanessa Manuel
Assistant Regional Supervisor
DWR Raleigh Regional Office
Enclosures: USGS Topographical Map
published NRCS Soil Survey
Electronic cc: DWR, Raleigh Regional Office
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
l� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTHCAROLINA 919.707.9000
oepanmem or Eemmemeemi aeei� /`�

DocuSign Envelope ID: 5C38609E-8BCA-4B26-BFE8-6F3A47695D7B
US 70 East
Powhatan, NC-DWR Project # 23-291
F � +
Pow
Feature A
Not Subject
WWV
USGS Topographical MaprEsrarf�
M�ro-iTay
2023 � a y :: Locations are approximate
and are provided for refer -
Legend:' �� enceonly::
-Proposed Project Boundary

DocuSign Envelope ID: 5C38609E-8BCA-4B26-BFE8-6F3A47695D7B
I
US 70 East
Powhatan, NC-DWR Project # 23-291
JA
7
Feature A
i
Not Subject`
i-•
NRCS Soil Survey Sheet ST
Johnston County., NC 1994 :: Locations are approximate
" o and are provided for refer -
Legend: ence only::
-Proposed project boundary:

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0015390
Project Name: US Highway 70 Business
November 13, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

11/13/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.

11/13/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

11/13/2023
4
PROJECT SUMMARY
Project Code: 2024-0015390
Project Name: US Highway 70 Business
Project Type: Commercial Development
Project Description: Industrial
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.6161431,-78.42117085240764,14z
4"
Counties: Johnston County, North Carolina

11/13/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 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
NAME
STATUS
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
AMPHIBIANS
NAME
STATUS
Neuse River Waterdog Necturus lewisi
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
FISHES
NAME
STATUS
Carolina Madtom Noturus furiosus
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/528

11/13/2023
H.
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Green Floater Lasmigona subviridis Proposed
There is proposed critical habitat for this species. Your location does not overlap the critical Threatened
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/7541
Yellow Lance Elliptio lanceolata Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/4511
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
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the
2
Migratory Bird Treaty Act.

11/13/2023
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treat, Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
BALD & GOLDEN EAGLES INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS
GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described 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)
MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION.

11/13/2023
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Bradley Luckey
Address: 743 Park Lawn Court
City:
Kernersville
State:
NC
Zip:
27285
Email
[e-mail]
Phone:
3367084997
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

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USGS Topographic Map
Drawing 1
USGS Topographic Map "' f' 8277 US Hwy 70 Bus W
_Yf, Approximate 15.84-Acre Tract
Powhatan, NC Quadrangles ��� �1. Clayton, Johnston County, NC
Scale: 1° = 2,000' PIL0T�ENVIR0NMENTAL,INCe Pilot Project 8556

Drawing 2
USDA Web Soil Survey
of Johnston County, NC
Scale: 1" = 300'
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Site Boundary
Web Soil Map
8277 US Hwy 70 Bus W
Approximate 15.84-Acre Tract
Clayton, Johnston County, NC
Pilot Project 8556

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of Johnston County, NC
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Site Boundary
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Published Soil Map
8277 US Hwy 70 Bus W
Approximate 15.84-Acre Tract
Clayton, Johnston County, NC
Pilot Project 8556

LEGEND
Site Boundary
Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Riverire
Other
rawing 3
USFWS NWI
Wetlands Mapper
Scale: 1" = 400'
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PILOT ENVI R O NM E N T A L, I N C
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NWI Map
8277 US Hwy 70 Bus W
Approximate 15.84-Acre Tract
Clayton, Johnston County, NC
Pilot Project 8556

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nual Chance Flood Hazard ^{ _
tory Floodvayl FI aad,"ry rY Undetermined Flaad Hazardnnual Chance Flood HazardConditions 1 %Annual Chance Flaad HazardithReducedRiskDuetoLevee
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FEMA FIRM
Drawing 4`
National Flood Hazard Layer _ 8277 US Hwy 70 Bus W
-'. '- Approximate 15.84-Acre Tract
From FEMA Web Map Service PILOT ,. Clayton, Johnston County, NC
Scale: 1" = 400'
• P I LOT ENVIROMM E N T A L, I N C
Pilot Project 8556

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LEGEND
Site Boundary I 1"M
Wetland
a �ti
DP-1 O Data Point
SA 1-5 Flag Number/Feature ID
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED IN THE FIELD BY MR. MATT MARTIN WITH THE USACE ON 7.19.23.
THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 11.03.2022.
Drawing 5, Wetland Map
Satellite Imagery from ESRI � 8277 US Hwy 70 Bus W
and Pilot GPS Data -' V- - - Approximate 15.84-Acre Tract
Scale: 1" = 200' �DDo�1, . Clayton, Johnston County, NC
Date: 07.19.23 P I L O T E N V I R 0 N" E N T A L I M L Pilot Project 8556

Brad Luckey
From: Heather LaGamba
Sent: Thursday, July 20, 2023 3:34 PM
To: 401 [e-mail]
Subject: Pre -File Notice - US Highway 70 Business West (8556.1)
We would like to submit a Pre -filing Notice for the following project:
Project Name: US Highway 70 Business West (8556.1)
Project Owner: Modulus
Project Owner's Address: 216 Graham Road, Graham, North Carolina 27253
Project County: Johnston
Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined
Thank you and have a wonderful day!
Sincerely,
Heather LaGamba
336.345.9536 (c)
336.310.4527 (o)
P.O. Box 128
Kernersville, NC 27285
www.lilotenviro.com
[e-mail]