HomeMy WebLinkAbout20051071 Ver 1_Application_20050615Office Use Only: ~o~ v,~r~gn~~oo2
USAGE Action ID No. DWQ No. ((JJ r
(If any particular item is not applicable to this project, please enter ..Not Appucaoie or ivir~ .~
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^ N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further detai 0 ~eck here: ^ NIA
II. Applicant Information
JUN 1 5 2005
1. Owner/Applicant Information
Name: Mr. Chris Carroll ~ENR - WATEk UUA~~TY
Mailing Address: H&M Company H
50 Security Drive
Jackson TN 38305
Telephone Number: 731-664-6300 Fax Number: 731-668-6841
E-mail Address: ccarroll(a~hmcompanv com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Paul Farley
Company Affiliation: Land Management Group Inc
Mailing Address: P.O. Box 2522
Wilmington NC X8402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: pfarley(a~l_mgroup.net
Page 1 of 8
3. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Robert M. Chiles
Company Affiliation: Robert M. Chiles P.E.
Mailing Address: P.O. Box 3496
New Bern, NC 28564-3496
Telephone Number: 252-637-4702 Fax Number: 252-637-3100
E-mail Address: bob ,robertmchilespe.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: B/SfH/ Home Appliances Logistics Center
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8-217-025
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): Craven Industrial Park
Directions to site (include road numbers, landmarks, etc.): Take Hwy 17 South from
Washington. Go through Vanceboro. Turn right on Hwv 43. Cross the Neuse River Turn
right on Ipock Road. Go approximately one and one half mile to where the road comes to a
T. Turn right and then turn left almost immediately Go approximately one or two miles to
where that road comes to a T. Turn left and then right almost immediately (at Clarks) Go
approximately one mile and ~o over the overpass over Hwv 70. Take the first left on
Executive Parkway. Go just past the water tower. Tract is on your left.
5. Site coordinates, if available (UTM or LatlLong): 35.1341° 77.1.645°
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
Page 2 of 8
6. Property size (acres): 84 acres
7. Nearest body of water (stream/river/sound/ocean/lake): unnamed tributary to Deep Branch
8. River Basin: Neuse River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The tract is part of the Craven Industrial Park. It consists of
wooded areas and prior converted agricultural fields NRCS personal informed agent that all
areas were considered PC although not all areas were previously considered wetlands
10. Describe the overall project in detail, including the type of equipment to be used:
The current project will complete a 583 000 sq ft industrial building and associated
infrastructure including two stormwater op nds parking spaces trailer storage roads and a
stockpile/spoil area. Typical off-highway heav~quipment associated with land clearing
excavating, filling, compacting road and building construction will be utilized
11. Explain the purpose of the proposed work: To complete the buildings and associated
infrastructure.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The wetland delineation on the property was approved by Scott Jones of the USACE (Action
ID #200510993). Survey is enclosed
Page 3 of 8
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
It is possible and likely that a future expansion for the building is proposed (see site plan) This
e_pansion (if it comes to realization) would impact approximately one half acre of wetlands
However, construction of the future building expansion will not occur at the current time
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Two wetlands will be impacted as
depicted in the site plan. The wetland impact in Area 1 (see site plan) contains 5 274 ft~ (0 12
acres) and will provide driveway access. The wetland impact in Area 2 (see site nlanl
contains 14,328 ft` (0.33 acresl and will provide driveway and l~adinu deck accPC¢
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Wetland Area 1 Fill 0.12 no 1156 Depressional forested
Wetland
Wetland Area 2 fill 0.33 no 1700 Depressional forested
Wetland
Distances from blue line stream are approximate and scaled from a topo map
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditchingldrainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps aze available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:i/www.fema.sov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog; etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.19
Total area of wetland impact proposed: 0.45
Page 4 of 8
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases eci )
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQs.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.manauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: none
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.)
NONE
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): two stormwater 17onds will be excavated in uplands to
NC DWQ stormwater standards. A stormwater control express permit is beingapplied for
concurrently with the wetland impact application
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Coastal stormwater management
Size of watershed draining to pond: 84 acres Expected pond surface area: 2.94 acres
Page 5 of 8
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant examined several other sites in the site evaluation process None were deemed
as advantageous as the present site. The chosen site is served by existing_~as water and sewer
lines. It is accessible to a major highwa~(Hw~70) and is part of the existing Craven Industrial
Park. The tract also has a relatively small amount of wetlands for an 84 acre tract in eastern
North Carolina. Approximatelypercent of the tract is wetland. However tract boundaries
prohibit the development of the p~erty without wetland impacts The building itself contains
583,000 square feet (13 38 acres). It is anticipated that potential future expansion of the buildinQ_
will require an additional 358,000 square feet. Pushing the building to the south would increase
the impacts to Wetland Area 2. Pushing the building to the east would require additional impacts
to Wetland Area I. Pushing the building to the north would require additional impacts to
Wetland Area 1 and Wetland Area 3 (no impacts to this area are posed)
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html.
Page 6 of 8
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to participate in the NC Ecosystem Enhancement Program
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres): 0.45
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Taz-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No
Page 7 of 8
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus- total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No existing impervious cover Proposed and future (design) impervious cover is 42 acres on the
84 acre tract. Stormwater to be conveyed via swales to two wet detention basins for treatment.
Dischar eg d via pipe culverts and swales into existing Swale system.
XII. Sewage Disposal (required by DWQ)
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.
The Craven Industrial Park is served by county sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Clarks Area Environmental Consultants
Craven County, NC Wilmington, N.C.
May 2005
NWP Request
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Craven Industrial Tract Land Management Group, inc.
Clarks Area Environmental Consultants
Wilmington, N.C.
Craven County, NC May 2005
NWP Request
USGS Topo Map
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Craven Industrial Tract Land Management Group, Inc. NWP Request
Clarks Area Environmental Consultants
Craven County, NC Wilmington, N.C. NRCS Soils Map
May 2005
U.S. ARMY CORPS OF ENGXNEERS
WILMINGTON DISTRICT
Action Id. 200511024 County: Craven U.S.G.S. Quad: Jasper
NOTIFICATION OF JURISDICTIONAL DETERIIrIINATION
Property Owner/Agent: Craven County Economic Development Commission c/o NIr. George Chiles
Address: Robert YI. Chiles. P.E.
Post Office Box 3496
Yetiv Bern. north Carolina 25564-3496
Telephone No.: (321 637--3702
Propern description:
Size (acres) aoprosimately 90 acres ~'earest Town Ne~v $ern
Nearest Waterway Deep Branch River Basin Meuse
liSGS HIC 03020202 yliddle Meuse Coordinates N 35.133513 W -77.167459
Location description ~,n ap rosimate 90 acre tract located immediately southeast of the intersection between Clarks
Road and U. S. Highway 70 within the Craven County Industrial Park near Deep Branch and west of the City of `few
Bern in Craven County. `forth Carolina.
Indicate Which of the Following Appiv:
Based on preliminary information. [here may be wetlands on the above described propem'. `Ve stiongly sutrgest ;rou have
this property inspected to determine the extent of Department of tl~~e .-\t;ny (DA) jtuisdiction. TD be considered final, a
jursdictional determination must be verihed'oy the Corps. This preliminary dete.^,nination snot an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CF R Part 331).
There are Navi;abie `ti"arers of :he united States ~iithin the above described property subject ro the permit requirements of
SeDtion 1l3 or the Rivers and Harbors Act and Section '0' Df tine Clean `~~ ate; Act. Lnless there is a change in the law or
our Dubiished regulations. this dete.~.vnation may be relied ut,on for a pe^od not to exceed 'lye years from the date of this
nOIlIlCatlOn.
.`~ Tnere aTe wetlanQS on the aDOVe _teSDribe<1 pi'ODZrr`/ SuDle.t CO ~~ pe.,,,ll ;eglilre.T.entS OI JzCC10n 1~~ Ot the Clean `Valet
act (C~~'.~j(,33 t;SC ; '.?-=.-.'l. :;mess there is a ch anQe [n :he ia~.t' or our oubiished regulations. this deterrrLnation may be
relied upon i'or a period not to exceed five years dom the dare or this notification.
'4~r~e stronsly suggest you have :he -vet!ands on ~%our oropem_ de:ineated. Due ro the sizz of your prooerry ardor our
present workload. the Cotes may ;lot 'oe able to accomoiish this '.vetiard delineation in a timely manzler. For a more timely
delineation. you trlav ~.vish to obtain a :.onsultant. To 'be ~orsidered final. an_~ delineation rust be verified ov the Corns.
_ i [le 'Wetland J[I rOUC DLOCc;P. :11v~ 0~°:1 .i~:[iie~Ce., ?::~ ..~~ _......,Z...1t~I1 x,2.5 ^.Z°.. ~ _,1:_e Jv t.:~ l_ J[~S. +V: :u0nvt•,
1~aoN ','0 a a;~ µn ~ -~~ ni~~~ ~ --~~ic -~ ,I, ~ `.b' ~r:;leg ~~ ~,
_, st , u h ve thls i.. lne on sur-: even. L ~ ~^ ~on;,.,,...~n. ' . Sur. e~. ~not^.~ De r~vie ed and '. D ~ .he _ot~s.
~7nce '.'eri led.111J ~L:I"Vw ;v'111 DrD`/1Ce a^ aCC'arat~ ~~e~tC.~.On Ot all areas ~L1D1e~t CO ~ ,`J .~ .~LIC:SG1Ct10n on :~Olir prODe^~+'
'v'nIC.:. DIOv'.GeQ '.;1e:.'.:S n0 Cnan`?e In the '.a`.~~ Or ~?!'.r OL:O[i5ae^. '°2`.:, t[OF.S, ma.~ ~^~' "e!le1 :IDOn tOC a perioQ n0C t0 ~X~ee'u
five nears.
.`t T lle Wetlands (lave been '~?e!lrieaCeQ 1P.Cl St1r':'e`.eQ anQ 7: _° :1C~:::a[~.: 1ep[Cteu On tt"le p!aC Si~'red Dv '':ne C,0[':i5
Re?tllatorv Ot*ical ideatiried 'oe:ow on ~i'_31300;. i_'niess these is a :,aange ~.n .he law or our Duolished regtilanons. dais
iete[-mination may be relied t1DOn or a oetiod not to etcceed ° ,ears from [he date of this notincation.
_ There are ao ~-valets of the Lt.S.. _o include ~,vetiands. present on th e aoove :escriozd prot;e:-ty '.vhich are subject to the
permit requirements Df Section !04 of [he Clean' aver Act t 33 it SC _~-). L~niess [here s a ~ hanae in the ':a~,v or our
oubiished regulations. this determination may be :°iied upon or a pL'riod not to zxceed IVe gears 'om the date of this
aotilication.
Y The property is 'located in one of the ,0 Coastal Counties subieca :o reauiation under the Coastal Area ?management Act
(C.~;til.~i. You should contact the Division of Coastal `~(anase-ne^.t `.n 'vlorenead Carr, vC, st ~=?) 308-'S03 to
determine their requirements.
Page 1 of 2
Action Id. 200511024
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § li11). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Scott Jones at 252.975.1616 extension 27.
Basis For Detet7nination: This site exhibits tivetland criteria as described in the 1987 Corps Wetland Delineation Manual
gad is adjacent to an unnamed tributarv flowing to Bachelor Creek. a tributarv of the Neuse River.
Remarks: Plat is entitled "Wetland Delineation Survey at Craven County Industrial Park) and was prepared by Robert
Nf. Chiles. P.E. on 04/08/3005 (iob no. 20050361.
Corps Regulatory Official:
Date 0~123/200~
Copy Furnished:
E:cpiration Date O~r23/2010
Page 3 of ?
JURISDICTIONAL DETERMINATION Revised 8/I3/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FIZE NLJyIBER: 20051 IOZ4
PROJECT LOCATION INFORMATION:
State: NC
County: Craven
Center coordinates of site (latitude/longitude): 35.133 13 1 -77.167=}59
Approximate size of area (parcel) reviewed, including uplands: 90 acres.
name of nearest waterway: unnamed Tributary
dame of watershed: Meuse
JURISDICTIONAL DETER1yITNATION
Completed: Desktop determination ^ Date:
Site visit(s) ~ Date(s): 03i01i2005
Jurisdictional Determination (JD):
Preliminary !D -Based on available information, ^ there appear ro 5e (or) ^ there appear ro oe no '`waters o[ the united States"
and/or "navigable waters Ot'the United States" on the project sire. ~ preliminary JD is not appealable (Reference 33 CFR part
33l).
Approved JD - An approved JD is an appealable action (Reference 3 3 CFR part 331).
Check all that a~oly:
^ l here are'`navi~able ~.vater of the Unired States" Las defined by 33 CFR part 329 and associated guidance} ~.vithin the reviewed
area. -~.oeroximate size of jurisdictional area:
I~ ~ here ,ire "waters of the United Stares" Las cenned 'ov 33 CFR part 32S and associated guidance) ~.vithin the reviewed area.
~poroximate size or jurisdictional area: 3? acres.
L^ T-1ere Ire ~isoiared, iron-navigaole, inrra-;rate ~.vaters or ~.vet!ands~~ ~.vithin the revie~.ved area.
^ Decision suopored by S~V.-~~CC,'~(ig*atory Bird Rule iniorma[ion Sheet or Dete,~„inanon of~io Jurisdiction.
BASIS Ofi JLiRISDICTIONAL DfiTER;ti'IINATiO`+:
A, tiVaters defined under 33 CFR part 32y as •`navigable waters at the United Slates":
^ The presence of ~,vaters ;hat are subject ro the ebb and ow of the tide ane~'or are presently used. or have been 'aced :n
:he oast, or may be susceptible `+` r use to transport .nterstare or rorei?n commerce.
B. tiVaters defined under 33 CFR part 32S.3ia') as °waters of the (rifted States":
^ .. , he OreSenCe Ot '.ya(c'rS, WhICn Ire .;UrreR(;V UjzU. OC '.v"c re UScC:n :ne ~a5[. Or ma`. De sll=Ccp[iDic l0 _..,~ .,
;nCZ.'Sr.^.C8 Or iOrc': ~'^, COmmerC O, :nC:tlGinh' 111 `.ya[erS 'wnlC.'1 Ire 5UbleCt :D :ne c.DC anG low Oi :~~: C' :IVe.
---~ -
i,J =) The preset-ee or intersate ~.varers including Interssare ,cetiands
1 `1 I ..~ preSenC'e Of JChe,"'.VaCZCS ~i1C~;i 15 '.nCrasia[C ,1~c's..:~~Z.'S. =ir.'2,""..S ~l~L'din'2 !nCc['lllCtc.^;i ~irc'"lfrisl.:'illd'~3C5. SUnGi11'.~.
,vet~andS. SIOU°ns, pralrte pOthOlPS. wet meaQOw_, playa iai:es. Or na[Cral ponCS. :he 'JSc. ,d r1Ca[lOn Or des[rllCt;On Ot '-vCivn .;ODIC
affect InterSta[e COmmerCe :nClUdln~ 1nV SUC71 ~:va[erS ICne'~k at1 ;ha( lpplv):
11 '.vnlCn are or COUIQ be UseQ bV In[e,'St1[e Or :ore:'?n :ra~'eleCS :Of r_.,,,.atlOnal Of Other pufpOSeS.
' (!i) trOm'•yhlCh 'ISh Or Sne;ltl5n afe Or COU~d be taKen aRC SOId in :nterState Or tOre:~?n COmimerC°.
~~; i~iii) which are or could 'pe used for jndusma( purposes by industries :n inrerstate commerce.
^ I ') impoundments of =.vaters othe^.vise detlned as waters of the US.
1,5) The presence of a tributary to a water identified in t l) - ra} above.
^ L~ i i ne presence of :erriroriai seas.
(7) i-he presence of ,vedands adjacent ro other waters o[ the US, except for [hose ~.vetiands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). ! the juristiic:ionai .varer or
sverfana is nor irselfa navigaole ~.varer oI the Unuea States, ciescrioe connec:ronisJ to die aotiwurream navigaole .eaters. {! Blli or di:i
s area as the 3asu ot•.Iurisdicaon, :1'ocument nave;aouiry ana~'or 'nrerscare ;;ommerce connection ~i.e., sise:rss sue cona'irions.rlcluding
~,vhv the ~.varerooav rs navigaole aria/or bony the zesrnrc:ion o7~rhe ~,varer~~oav coat{a ~.rrfec: interstate or rorei;n ~omm~rc?r. f 3('. -', 5 or
5) s used ,zs ale 3asts oi•,;irrisdicuon. 1oc:unenr :he rationale :zseCY ro make :he derermrnarron. if 3/") is urea as :he3asas of
;'urisa'ic:ion, .zocument the ranona(e used to rnaxe adiacencv deternainaron: i nis site ~xhioits ~Neaand criteria as described n the l93?
Coms '%v"etland Delineation Manual znd is adjacont to an unnamed trtbutary :lowing to Bac;teior C;eeic, a tributary of ,he reuse River.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by: Q High Tide Line indicated by:
^ clear, natura) line impressed on the bank ^ oil or scum line along shore objects
^ the presence of litter and debris ^ fine shell or debris deposits (foreshore}
^ changes in the character of soil ^ physical markings/characteristics
^ destruction of terrestrial vegetation ^ tidal gates
^ shelving ^ other:
^ other:
iv(ean High Water (ark indicated by:
^ survey to available datum; ^ physical markings; ^ vegetation finesichanges in vegetation types.
Wedand boundaries, as shown or, the attached wetland delineation map and/or in a delineation report prepared by: Robert i/1.
Chiles, P.E.
Basis For Yot Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
^ Unable to confirm the presence of waters in 33 CFR patt 328(a}((, 2, or '-7}.
^ Headquarers declined to approve jurisdiction on the basis of 33 CFR part 335.3(x)(3).
(^ The Corps has made acase-speciTtc determination that the followin; waters present on the site are not Waters of the United States:
^ Waste treatment systems, including treatrr,ent ponds or lagoons, pursuant to 33 CFR part 325.3.
^ ~rtincially irrigated cress, which would revert to upland if the irrigation ceased.
^ .~rti>-[eial lakes and ponds created by excavating and/or diking dr,.~ land :o collect and
retain water and `.which are used exclusively for such puroses as stoc!c `.watering, irrigation, settling basins, or rice-growing.
^ Aniiicial retlectin~ or swimming pools or other small ornamental bodies of water crested
by excavating and/or diking dry land ro retain water for primarily aesthetic reasons.
^ bVater-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtainin; nil, sand, or ;ravel unler and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition or waters of the United States found at 33 Cr R 325.3(x).
--,
J Isolated, intrastate wetland with no nexus to interstate commerce.
~ Pr.or conve.^.zd cropland, as determined 'ov the Natural Resources Conser~. ation Service. Explain rationale:
~^ ion-tidal drainagz or irrigation ditches excavated on drv !ant. Explain ; ationale:
DATA REV'IEti~'ED FOR JLRSIDICTIO`:~.L DETERh(I~'.-~TIO~' (math cif that appl.'):
~] ~(aps, plans, plots or plat submitted by or on behalf of the apolicar.t.
~~ Data sheets preaareJsubmitte'd by or on behalf of the aopiicant.
This office concurs with the delineation repot, dared 01;23x200=. ^repared ~ov:_companv): EZobe,~ Vi. Chiles. P. E.
This office does not concur with the delineation report, dated °pared b~~ (comoanv):
'^ Data sneers prepared by the Cora. ,
I Corns :~avi,abie `.eaters' studies:
~.5. Oeoio~icai Sur;~ev Hvdroio~ic ~das:
^_ _;.~. ;;eoio,tcal Sur`:ev ~ 5 Minute Tooo~~raohic maps:.asr.e~
~ ...J. -~c00~!Cal Sur'/C`J ~ vIlr:Lt[C ~llSiOriC .]Uadran?ie5:
_.J. ~CeO(Ot'.Cal SUr'%e`/ ; 1 ,1(IntiCe ^1iJtOr1C CL1aCran'?ICS:
'~ ~SD:1 ~`iatUfai Rc'SOUfCeS COnsc:'/at;On Jc;'~~fCC J011 JLIr'.e,.._ ~.. ~.. _,
^ `ational :wetlands roventorv mans:
^ State-Locaiwetland 'nvenrorv macs:
-~~,(.-L- PiZ~.( maps ~,Ylan dame .~. Dace):
00-wear Floodpiain Eievatior, is: i~~GVD)
i~ ~eriai Phorograohs Dame .3t Date): CES~W
ether photo;raphs (Date):
.~dvancad [dentiiication Wedand mans:
'~ Site visitidetermination conducted on: i)3i01r200:
~ .aooiicabie.`supporin; case law:
^ Other information (please spet;ifvi:
'~Ve;lanas are idenntied and seiineated ustn~ :fie me;hods <nd cntena estaoiisi~ed ,n ;fie ~~.ros r~'e~:and .;eiineation ~lanuai : 3~ :`~lanuai) r i.e.. xcarrenc; of
,ydroonync veze;anon, ;iydnc soils anti wedar,d hydrolo,y).
~: ^e tenth "adjacent" means bordering, condm:ous, or neighbonne. bVedands separated aom other •.vaters of :he J.S. by man-made dikes or banners, natural
,vet germs, beach dunes, and the Bice are also adjacent.
MEMORANDUM:
FROM: NU. Chris Carroll
Senior Vice President
H&NI Company, Inc.
50 Security Drive
Jackson, TN 38305
Tv: Robert NI. Chiles, P.E.
Engineers, Consultants, & Marine Surveyor
P.O. Box 3496
New Bern. N.C. 28564-3496
RE: Assignment of right to act as Authorized Anent for H&NI Company, Inc..
B/S/H/ Home Appliances Logistics Center, Craven County Industrial Park
New Bern, N.C.
TO WHOM IT NIAY CONCERN:
By my signature below I, Chris Carroll ,authorize Robert NI. Chiles, P.E. to act as the
agent representing H&ti'1 Company, Inc. for the purposes of completing and submitting permit
applications and supporting documents to the North Carolina Division of Environment and
Natural Resources and answering questions pertaining thereto with respect to wetland impacts
associated tivith the project named above.
This authorization is effective on the date sinned.
Chris Carroll, Sr. V.P. H&NI Company, Inc.
C O U~tTY -1-h ~-~-~-- _
STATE ~ ~ ~ S ~-~~
r;
I, ~ i,~~~~~ ~''~ ~ ~~' `' Notary Public for the aforesaid County and
State do ~~ebv certifi,• the ~(vu~, ~Z-~~~--~ personally appeared before
this l C- Day of ~.~et,t,r~-- . ?0~~ 5 and that he acknowledUe the execution of
the foregoing instrument.
~ ~~
Witness my hand and seal this l U = Day of ,,~ it,n-2~ , 20 G ~
,- /
i NOTARY PGBLIC ~,~~~~~pA 11+1~~~'~.,~~~
~ ;• .9
tiIy commission expires: ~^/f ~ 7 ~ (,~ ~ ~ ~ ~~ '' N
_ ~ ~
N~~
~ : NOTARY
'~., ~UUN~t'1 ~ ~~~