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HomeMy WebLinkAbout20191712 Ver 1_401 Application_20191213SPANGLER ENVIRONMENTAL, INC. Land Planning Permitting Environmental Consulting Construction Management Expert l LETTER OF TRANSMITTAL Date: 12/12/2019 46i20"6iQ/4Dc Name: NC Division of Water Resources SEC 13 20, GAR irk 9 Company Name: NCDEQ �r�r'�De�oea From: Maria Polizzi RE: PCN for Mohawk WE ARE SENDING YOU: Attached SEI #: 20190816 Under Separate Cover via Shop Drawings Specifications Letters Change Order X Reports Computer Disk Invoices Reproducibles Samples COPIES DATE DESCRIPTION 2 1 12/12/2019 12/12/2019 Pre Construction Notification and supporting documents Check for $240 THESE ARE TRANSMITTED as checked below: X For Approval Approved as Submitted For Your Use Approved as Noted As Requested Return for Corrections For Review & Comment FOR BIDS DUE ;6- Resubmit Copies for Approval Submit Copies for Distribution Return Corrected Prints Other Please email maria@spanglerenvironmental.com with questions or call 919-875-4288 SIGNED: CC: 4338 Bland Road Raleigh, N.C. 27609 tel 919-875-4288 fax 919-875-4287 3961-B Market Street Wilmington, N.C. 28403 tel 910-343-9375 fax 919-343-8351 1-866-SPANGLER www.spanglerenvironmental.com P.• � 2019 � 191-488 k -CADD � Dwg � Sheets � 191-488-CVO 1-F/G-Streom/mpoctSections_ recover. dwgfFIC 11 LS.•(11/13/2019 - choggord) - LP.- I V1412019 9: 08 AM 0 NORTH \ \'60 �S9 HEADWALL 76 LF OF 48"0 CLASS IV RCP @ 0.57% 76 LF OF 18"0 CLASS— IV RCP @ 1.30% I REFERENCE TOPOGRAPHIC INFORMATION BASED UPON V354D33.DWG SURVEY CONDUCTED BY PITTMAN PROFESSIONAL SURVEYING ON JUNE 10, JULY 12, JULY 15, JULY 31, AUGUST 1, AND OCTOBER 24, 2019 2. APPROXIMATE WETLANDS AND STREAMS PROVIDED BY SPANGLER ENVIRONMENTAL INC. ON SEPTEMBER 2019. LEGEND EXISTING CONTOUR -- _ — EXISTING STREAM EXISTING WETLANDS EXISTING CHAIN LINK FENCE PROPOSED ROAD 850 PROPOSED CONTOUR ST �iimi PROPOSED DRAINAGE SYSTEM �—� STREAM FLOW VC o SCALE IN FEET a`O ` ROCK RIPRAP HEADWALL 0 30 60 v MOHAWK INDUSTRIES UNILIN FLOORING N.V Civil & Environmental Consultants, Inc. HAULING ROAD RELOCATION 3701 Arco Corporate Drive •Suite 400 •Charlotte, NC 28273 MOUNT GILEAD, NORTH CAROLINA Ph: 980.237.0373 • Fax: 980.237.0372 PROPOSED STREAM IMPACT www.cecinc.com DRAWN BY: CTH CHECKED BY: TMG APPROVED BY: BDR EXHIBIT: DATE: 11 /12/2019 DWG SCALE: AS NOTED PROJECT NO: 191-488 FIG 1 *HAND SIGNATURE ON FILE P.•k2019� 191-488k-CADDkDwg�Sheetsk 191-488-CV01-FIG-Stream/mpoctSections_recover.dwgjRG 21 LS.•(11/13/2019 - choggord) - LP-* IVI-TI2019 11:21 AM T z0 460 j PROPOSED W HEADWALL J W EXISTING STREAM — INV ELEV. _ 455.00 450 LEGEND 854. r 104' STREAM IMPACT PROPOSED 30' NEW ROAD — 76LF 48" 0 CLASS IV RCP CULVERT ® 0.57% 0 LO PROP. INV - 854.00 PROPOSE[ HEADWALL ROCK RIPRAP 1 +00 STREAM IMPACT FIGURE PROFILE EXISTING GROUND PROPOSED ROAD EXISTING STREAM STRUCTURAL FILL PROPOSED DRAINAGE SYSTEM REFERENCE TOPOGRAPHIC INFORMATION BASED UPON V354D33.DWG SURVEY CONDUCTED BY PITTMAN PROFESSIONAL SURVEYING ON JUNE 10, JULY 12, JULY 15, JULY 31, AUGUST 1, AND OCTOBER 24, 2019. 2. APPROXIMATE WETLANDS AND STREAMS PROVIDED BY SPANGLER ENVIRONMENTAL INC. ON SEPTEMBER 2019. 460 APPROX. EXISTING GROUND SURFACE INV ELEV. _ "453. 00 450 1+14 STREAM IMPACT SECTION SCALE IN FEET SCALE H: 1 " = 20' SCALE V: 1 " = 5' 0 20 40 AV AIFAV / IA / / Civil & Environmental Consultants, Inc. 3701 Arco Corporate Drive - Suite 400 • Charlotte, NC 28273 Ph: 980.237.0373 • Fax: 980.237.0372 www,cecinc.com MOHAWK INDUSTRIES UNILIN FLOORING N.V HAULING ROAD RELOCATION MOUNT GILEAD, NORTH CAROLINA PROPOSED STREAM IMPACT SECTION DRAWN BY: CTH CHECKED BY: TIVIG APPROVED BY: BDR EXHIBIT: DATE: 11 /12/2019 DWG SCALE: AS NOTED PROJECT NO: 191-488 P.• k 2019 � 191-488 k -CADD k Dwg � Sheets k 191-488-CV01-F/G-Stream Impact Sections. dwgJFIG 3/ LS.•(I V15/2019 - choggard) - LP.- 1111512019 1:39 PM 1� SA 1 / 772.00 LF • PROJECT AREA :k I .a tr • � . ` 0..4 1 \` 0.25 ACRES 00 • %'�L'i ��► ii i Y �i[ I REFERENCE - \ 0 NORTH a a 1. TOPOGRAPHIC INFORMATION BASED UPON V354D33.DWG SURVEY CONDUCTED BY PITTMAN PROFESSIONAL SURVEYING ON JUNE 10, JULY 12, JULY 15, JULY 31, AUGUST 1, AND OCTOBER 24, 2019. 2. APPROXIMATE WETLANDS AND STREAMS PROVIDED BY SPANGLER ENVIRONMENTAL INC. ON SEPTEMBER 2019. LEGEND — —460-- EXISTING CONTOUR —— EXISTING STREAM `fy EXISTING WETLANDS • PROJECT AREA SCALE IN FEET 0 150 300 MIA MOHAWK INDUSTRIES UNILIN FLOORING N.V Civil & Environmental Consultants, Inc. HAULING ROAD RELOCATION 3701 Arco Corporate Drive •Suite 400 •Charlotte, NC 28273 MOUNT GILEAD, NORTH CAROLINA Ph: 980.237.0373 • Fax: 980.237.0372 POTENTIAL JURISDICTIONAL FEATURES MAP www.cecinc.com DRAWN BY: CTH CHECKED BY: TMG APPROVED BY: BDR EXHIBIT: DATE: 11 /15/2019 DWG SCALE: AS NOTED PROJECT NO: 191-488 F I G *HAND SIGNATURE ON FILE ROY COOPER Govenor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Christopher Greene Mohawk Industries, Inc. 149 Homanit USA Road Mt. Gilead, NC 27306 Project: Mohawk w gArt 7 r. NORTH CAROLINA Environmental Qual ty December 10, 2019 Expiration of Acceptance: 6/10/2020 County: Montgomery 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 Impact Type - Impact Quantity- --- I (8-digit HUCj Yadkin 03040104 Warm Stream 104 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 and 15A NCAC 02B .0295 as applicable. 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 at (919) 707-8915. cc: Jim Spangler, agent D_E Sincerely, Ja ,es. Stanfill Ass6tanagement Supervisor North Carolina Department of Erwtronmental Qality I Division of MRtgation Services W W. Jones Street 11652 Mail Service Cerzter I Raleigh, North Carolina 27699-1652 919.707,0976 Mohawk / Unilin MDF 69 Mohawk Stream/Wetland Map 149 Homanit Usa Rd SPANGLER ENVIRONMENTAL, INC. Mt. Gilead, NC 4338 Bland Road, Raleigh, North Carolina 27609 September, 2019 919-875-4288 map source: Montgomery County GIS/nconemap.com Jurisdictional Determination Request US Army Corps of Engineers. Wln ftton DWM This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http•//www saw usace.army.miI/Missions/Re ug latoryPermitProaram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 419 Homanit USA City, State: Mount Gilead, NC County: Montgomery County Parcel Index Number(s) (PIN): 7504 00 97 2556, 7504 00 99 3023, 7514 00 08 1624 B. REQUESTOR INFORMATION Name: James A. Spanqler / Maria Polizzi Mailing Address: 4338 Bland Rd, Raleigh NC 27609 Telephone Number: (919) 875-4288 Electronic Mail Address: maria@spanglerenvironmental.com Select one: I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ElOther, please explain. C. PROPERTY OWNER INFORMATION' Name: Christopher Greene Mailing Address: 149 Homanit USA Rd, Mt. Gilead NC Telephone Number: (919) 875-4288 Electronic Mail Address: christopher_greene@mohawkind.com Must provide completed Agent Authorization Form/Letter. ' Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. James A. Spangler Print Name Capacity: ❑ Owner ✓❑ Authorized Agents 11 /26/19 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. HA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ 1 am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS ✓❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. aSize of Property or Review Area 215.81 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS 0✓ Project Coordinates (Decimal Degrees): Latitude: 35.253355 Longitude:-79.973575 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. httL://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro eram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request DCompleted appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs• please complete an Approved Jurisdictional Determination Form' 0 Vicinity Map Aerial Photograph USGS Topographic Map a Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/re ug_latory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Quality Forest Products December 4, 2019 To Whom It May Concern: The letter serves to inform you that Jordan Lumber & Supply, Inc. and/or JordanTwo, LLC. located at 1939 NC Hwy. 109 South (PO Box 98, Mt. Gilead, NC 27306 )hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as Tract No. 9149 and Tract No. 9151, and as shown in Montgomery County records as Tax Parcel Nos. 7514 00 08 1628 and 7504 00 99 3023. All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent -related correspondence. The following contact persons should be copied on all correspondence: Property Owner (or Legal Agent/Representative): Robert B. Jordan, IV VP/General Manager 1939 NC Hwy. 109 South, PO Box 98, Mt. Gilead, NC 27306 910-439-8119 Riordan amjordanlumber. com Technical Agent: James A. Spangler, CEI, A.M.ASCE Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 919-875-4288 jspangler@spanglerenvironmental.com Sincerely, /n Robert B. Jordan, IV Jordan Lumber & Supply, Inc VP/General Manager Jordan Lumber & Supply, Inc. • P.O. Box 98 • Mt. Gilead, N.C. 27306 • Phone (910)439-6121 9 Fax (910)439-6105 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 11/26/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: James A. Spangler / Maria Polizzi C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Montgomery City: Mt. Gilead Center coordinates of site (lat/long in degree decimal format): Lat.: 35.253355 Long.:-79.973575 Universal Transverse Mercator: 17S 593375.05E 3901622.54N Name of nearest waterbody: Big Town Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 11/26/19 5011 Field Determination. Date(s): 10/3/19 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) W 1 35°15-8.395" N 79°58-22.853"W .24 acres Wetland Section 404 Wetland S 1 35°15'10.621"N 79058-24.443"W 104 feet Non -Wetland Waters Section 10 Non -Wetland 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: 0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑E Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): 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 necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of w person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 35' 1516" N 35° 15 6" N Custom Soil Resource Report Soil Map a� � 593160 593200 593240 593290 593320 593360 593400 593440 593483 593520 593560 3 3 � Map Scale: 1:2,040 fi printed on A landscape (11" x 8.5') sheet. Meters � f� NN 0 30 60 120 180 /V 0 50 100 200 300r Map projection: Web Mercator Comer coordinates: WGS84 ridge t�s: U1M Zone 17N WGS84 9 35° 15 W N 35° 15' 6" N WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Mohawk City/County: Mount Gilead/Montgomery Sampling Date: 10/3/19 Applicant/Owner: Mohawk Industries Inc. State: NC Sampling Point: WA Investigator(s): James A. Spangler Section, Township, Range: Landform (hillslope, terrace, etc.): Relic flood plain Local relief (concave, convex, none): Concave Slope (%): <2 Subregion (LRR or MLRA): MLRA 136 Lat: 35.253355 Long:-79.973575 Datum: NAD1983 Soil Map Unit Name: Badin-Goldston complex NWI classification: Upland/ Not Classified Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ No ✓ (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks: 3 Week drought, 100°F. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that aaaly) Surface Soil Cracks (136) Surface Water (Al) Aquatic Fauna (613) Sparsely Vegetated Concave Surface (138) High Water Table (A2) Marl Deposits (1315) (LRR U) Drainage Patterns (1310) Saturation (A3) _ _ Hydrogen Sulfide Odor (Cl) _ Moss Trim Lines (B16) Water Marks (131) Oxidized Rhizospheres along Living Roots (C3) Dry -Season Water Table (C2) Sediment Deposits (B2) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Drift Deposits (B3) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) Thin Muck Surface (C7) Geomorphic Position (D2) _ Iron Deposits (65) Other (Explain in Remarks) Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): 5 Saturation Present? Yes No Depth (inches): 0 Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: WA Absolute Dominant Indicator Dominance Testworksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. (Quercus sp.) 10 Yes FAC That Are OBL, FACW, or FAC: 3 (A) 2. Total Number of Dominant 3. Species Across All Strata: 3 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 10 = Total Cover 50% of total cover: 5 20% of total cover: 2 Total % Cover of: Multiply by: OBL species 0 x 1 = Sapling Stratum (Plot size: ) 1 (Quercus sp.) 10 Yes FAC FACW species 0 x 2 = FAC species 30 x 3 = 90 2 Sweetgum (Liquidambar styraciflua) 10 Yes FAC 3. FACU species 0 x 4 = 4. UPL species 0 x 5 = 5. Column Totals: 30 (A) 90 (B) 6. Prevalence Index = B/A = 3 20 = Total Cover Hydrophytic Vegetation Indicators: 10 4 50% of total cover: 20% of total cover: ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) ❑ 2 - Dominance Test is >50% 1. ❑ 3 - Prevalence Index is s3.0' 2. ElProblematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 0 = Total Cover 50% of total cover: 20% of total cover: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1. Sapling - Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less 3 than 3 in. (7.6 cm) DBH. 4. Shrub - Woody plants, excluding woody vines, 5. approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb -All herbaceous (non -woody) plants, including 7. herbaceous vines, regardless of size, and woody $ plants, except woody vines, less than approximately 3 ft (1 m) in height. 9. 10. Woody vine - All woody vines, regardless of height. 11. 0 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. 0 Hydrophytic = Total Cover 50% of total cover: 20% of total cover: Vegetation Present? Yes _2L No Ll Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: WA the depth needed to document the indicator or Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' ' Loc2 Texture Remarks 0-2 7.5YR 3/3 100 Silty Clay 0 Horizon 2-5 10YR 2/1 100 5+ 10YR 3/1 100 Silty Clay Silty Clay A Horizon B Horizon 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) _ Black Histic (A3) Loamy Mucky Mineral (171) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (1720) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) Sandy Redox (S5) _Piedmont Floodplain Soils (F19) (MLRA 149A) _ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Type: Depth (inches): Remarks: Hydric Soil Present? Yesa No -a US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Dirpaor Christopher Greene Mohawk Industries, Inc. 149 Homanit USA Road Mt. Gilead, NC 27306 Project: Mohawk NORTH CAROLINA Environmental Quality December 10, 2019 Expiration of Acceptance: 6/10/2020 County: Montgomery 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. Impact Yadkin 03040104 Impact Type Impact Quantity Warm Stream 104 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 and 15A NCAC 02B -0295 as applicable. 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 at (919) 707-8915. cc: Jim Spangler, agent 6 W e28MK M fwaEwgYJI O.Y/� Sincerely, - Ja as. Stanfill Ass anagement Supervisor North Carolha Department of Erw ronmentai Quality I Divlston of NO19ation Services 2r7 W.lones Street 11652 Mail Service Center I Raleig4 North Carolina 27699-1652 919.707.8976 Mohawk / Unilin MDF 6g Mohawk Stream/Wetland Map 149 Homanit Usa Rd SPANGLER ENVIRONMENTAL. INC. Mt. Gilead, NC 4338 Bland Road, Raleigh, North Carolina 27609 map source: September, 2019 919-875-4288 Montgomery County GIS/nconemap.com Jurisdictional Determination Request US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/Re ug lato PererrmitProaram/Contact/CouMLocator.asl2x, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number. (910) 251-4610 Fax Number. (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers US Army Corps of Engineers 69 Darlington Avenue 3331 Heritage Trade Drive, Suite 105 Wilmington, North Carolina 28403 Wake Forest, North Carolina 27587 General Number: 910-251-4633 General Number: (919) 554-4884 Fax Number. (910) 251-4025 Fax Number. (919) 562-0421 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 A. B. C. Jurisdictional Determination Request PARCEL INFORMATION Street Address: 419 Homanit USA City, State: Mount Gilead, NC County: Montgomery County Parcel Index Number(s) (PIN): 7504 00 97 2556, 7504 00 99 3023, 7514 00 08 1624 REQUESTOR INFORMATION Name: James A. Spanqler / Maria Polizzi Mailing Address: 4338 Bland Rd, Raleigh NC 27609 Telephone Number: (919) 875-4288 Electronic Mail Address: Maria@spanglerenvironmental.com Select one: I am the current property owner. DI am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. PROPERTY OWNER INFORMATION2 Name: Christopher Greene Mailing Address: 149 Homanit USA Rd, Mt. Gilead NC Telephone Number: (919) 875-4288 Electronic Mail Address: christopher_greene@mohawkind.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',' By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. James A. Spangler Print Name Capacity: ❑ Owner Z Authorized Agents 11 /26/19 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. RI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. HI believe that the site may be comprised entirely of dry land. Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 215.81 acres. aThe property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS FProject Coordinates (Decimal Degrees): Latitude: Longitude 35.253355 -79.973575 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ✓� Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.miI/Missions/Re ug latoty-Permit- Proeram/Juri sdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓1 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' ✓� Vicinity Map 0 Aerial Photograph ❑ USGS Topographic Map ❑✓ Soil Survey Map ✓❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms ❑ Other Assessment Forms ' www saw usace.army.mil/Portals/59/docs/re ug latory/reg_docs/JD/RGL 08-02 App A Prelim JD Form fillable.ndf ' Please see hqp://www saw usace army mil/Missions/Re ug latoEy-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction isto be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Quality Forest Products December 4, 2019 To Whom It May Concern: The letter serves to inform you that Jordan Lumber & Supply, Inc. and/or JordanTwo, LLC. located at 1939 NC Hwy. 109 South (PO Box 98, Mt. Gilead, NC 27306 )hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at the property known as Tract No. 9149 and Tract No. 9151, and as shown in Montgomery County records as Tax Parcel Nos. 7514 00 08 1628 and 7504 00 99 3023. All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent -related correspondence. The following contact persons should be copied on all correspondence: Property Owner (or Legal Agent/Representative): Robert B. Jordan, IV VP/General Manager 1939 NC Hwy. 109 South, PO Box 98, Mt. Gilead, NC 27306 910-439-8119 Riordan(i, iordanlumber.com Technical Agent: James A. Spangler, CEI, A.M.ASCE Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 919-875-4288 jspangler@spanglerenvironmental.com Sincerely, Robert B. Jordan, IV Jordan Lumber & Supply, Inc VP/General Manager Jordan Lumber & Supply, Inc. - P.O. Box 98 - Mt. Gilead, N.C. 27306 - Phone (910)439-6121 9 Fax (910)439-6105 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: 11 /26/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: James A. Spangler / Maria Polizzi C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Montgomery City: Mt. Gilead Center coordinates of site (lat/long in degree decimal format): Lat.: 35.253355 Long.:-79.973575 Universal Transverse Mercator: 17S 593375.05E 3901622.54N Name of nearest waterbody: Big Town Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 11 /26/19 On Field Determination. Date(s): 10/3/19 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) W 1 35°15'8.395" N 79°58'22.853"W .24 acres Wetland Section 404 Wetland S 1 35°15'10.621 "N 79°58'24.443"W 104 feet Non -Wetland Waters Section 10 Non -Wetland 1) 2) 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. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ■❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): 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 necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD w4v&�Z 149;n1e, Signature and date of w person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 35' 15' 16" N 35° 15 G' N Custom Soil Resource Report Soil Map N 593160 580200 593240 59= 59M 553400 593440 5f0483 59352D 593560 3 3 Map Sole: 1:2,040 if printed on A landscape (11' x 8.5D street N Mears 0 30 60 12D 18D � Feet 0 50 100 200 l 300 Map proJ�: Web Mercator Comer 000rdi�s: WGS84 Edge bm: UiM Zone 17N WGS84 9 35' 1516" N 35° 15 6" N WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Mohawk City/County: Mount Gilead/Montgomery Sampling Date: 10/3/19 Applicant/Owner. Mohawk Industries Inc. State: NC Sampling Point: WA Investigator(s): James A. Spangler Section, Township, Range: Landform (hillslope, terrace, etc.): Relic flood plain Local relief (concave, convex, none): Concave Slope (%): <2 Subregion (LRR or MLRA): MLRA 136 Let: 35.253355 Long: -79.973575 Datum: NAD1983 Soil Map Unit Name: Badin-Goldston complex NWI classification: Upland/ Not Classified Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Wetland Hydrology Present? Yes ✓ No 3 Week drought, 100°F. HYDROLOGY Yes ✓ No Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one is reouiredo check all that apply) Surface Soil Cracks (136) _ Surface Water (Al) Aquatic Fauna (613) Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) _ Marl Deposits (1315) (LRR U) Drainage Patterns (610) Saturation (A3) _ Hydrogen Sulfide Odor (C1) _ Moss Trim Lines (1316) Water Marks (61) Oxidized Rhizospheres along Living Roots (C3) Dry -Season Water Table (C2) ✓ Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Drift Deposits (133) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) Thin Muck Surface (C7) Geomorphic Position (D2) _ Iron Deposits (135) Other (Explain in Remarks) Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) FAC-Neutral Test (D5) _ Water -Stained Leaves (89) Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): 5 Saturation Present? Yes ✓ No Depth (inches): 0 Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: WA Absolute Dominant Indicator Dominance Testworksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. (Quercus sp.) 10 Yes FAC That Are OBL, FACW, or FAC: 3 (A) 2. Total Number of Dominant 3. Species Across All Strata: 3 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/13) 6. Prevalence Index worksheet: 10 = Total Cover 50% of total cover. 5 20% of total cover. 2 Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species 0 x 1 = 1. (Quercus sp.) 10 Yes FAC FACW species 0 x 2 = 2. Sweetgum (Liquidambar styraciflua) 10 Yes FAC FAC species 30 x 3 = 90 3, FACU species 0 x 4 = 4, UPL species 0 x 5 = 5. Column Totals: 30 (A) 90 (B) 6. Prevalence Index = B/A = 3 20 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover. 10 20% of total cover. 4 ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) ❑ 2 - Dominance Test is >50% 1 ❑ 3 - Prevalence Index is 53.0' 2 ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5 be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 0 = Total Cover 50% of total cover. 20% of total cover: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1. Sapling — Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less 3 than 3 in. (7.6 cm) DBH. 4. Shrub — Woody plants, excluding woody vines, 5, approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7. herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $ 3 ft (1 m) in height. 9. 10 Woody vine — All woody vines, regardless of height. 11. 0 = Total Cover 50% of total cover. 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. 0 = Total Cover Hydrophytic Vegetation Fv] 50% of total cover. 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below). US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: WA Description: (Describe to the depth needed to or Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loci Texture Remarks 0-2 7.5YR 3/3 100 Silty Clay 0 Horizon 2-5 10YR 2/1 100 Silty Clay A Horizon 5+ 10YR 3/1 100 Silty Clay B Horizon 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) _ Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) r Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) _ Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1538) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) _ Muck Presence (A8) (LRR U) Redox Depressions (178) Very Shallow Dark Surface (TF12) _ 1 cm Muck (A9) (LRR P, T) Mari (F10) (LRR U) Dther (Explain in Remarks) _ Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) _ Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and _ Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) _ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) _ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C,153D) _ Dark Surface (S7) (LRR P, S, T, U) Type: Depth (inches): Remarks: Hydric Soil Present? Yes a No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 O�O� W ATF9OG FMI0 � Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number. 4135 - Linear Transportation 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑X Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Mohawk 2b. County: Montgomery 2c. Nearest municipality / town: Mount Gilead 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Jordan Lumber & Supply Inc; Jordan Three LLC; Mohawk Industries Inc. 3b. Deed Book and Page No. Book: 338; 704; 495 Page: 621; 294; 569 3c. Responsible Party (for LLC if applicable): 3d. Street address: 149 Homanit Rd 3e. City, state, zip: Mount Gilead, NC, 27306 3f. Telephone no.: (910) 439-6959 ext. 272 3g. Fax no.: 3h. Email address: christopher_greene@mohawkind.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: Owner of Project 4b. Name: Christopher Greene 4c. Business name (if applicable): Mohawk Industries Inc. 4d. Street address: 149 Homanit USA Rd 4e. City, state, zip: Mt. Gilead NC 4f. Telephone no.: (910) 439-6959 ext. 272 4g. Fax no.: 4h. Email address: christopher_greene@mohawkind.com 5. AgentlConsultant Information (if applicable) 5a. Name: James A. Spangler / Maria Polizzi 5b. Business name (if applicable): Spangler Environmental LLC 5c. Street address: 4338 Bland Road 5d. City, state, zip: Raleigh, NC, 27609 5e. Telephone no.: (919) 875-4288 5f. Fax no.: (919) 875-4287 5g. Email address: maria@spanglerenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 1750400972556,751400081628,750400993023 1b. Site coordinates (in decimal degrees): Latitude: 35.253355 Longitude:-79.973575 1c. Property size: 215.81 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Big Town Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin-Peedee River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The area surrounding the project site consists of an industrial factory and lumber yard (Mohawk, Jordan Lumber), surrounded by non -developed wooded land. The site is in the wooded area, adjacent to Mohawk and Jordan Lumber, with a small stream running through it. 3b. List the total estimated acreage of all existing wetlands on the property: 0.24 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 692 3d. Explain the purpose of the proposed project: The purpose of this project is to create a road crossing between the Jordan Lumber yard and the Mohawk Industries facility. 3e. Describe the overall project in detail, including the type of equipment to be used: A stream crossing and unpaved gravel road is being built. The equipment used to build this road includes, but is not limited to excavator(s), bulldozers 0 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑ Yes ® No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SEI has delineated features within the project area and a JD request form is attached to this PCN 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes © No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: No Wetland impacts 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Stream 1 PER DWQ 3 104 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 104 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: NIA 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: No buffers within the Yadkin/ Pee Dee watershed Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The plans were designed in a way in which the smallest amount of stream would be impacted. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Necessary erosion control measures will be taken in order to ensure sediment from the site does not impact protected 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 ❑ payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 104 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires 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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q 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. The project does not occur within a protected riparian buffer. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: At the end of this project, there will be 35% built -upon land. However, the roadway that is proposed is a gravel road which will not increase the amount of impervious surface on the project site. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? N/A ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs USMPWater apply (check all that apply): ® 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 ❑ Yes © No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El 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 El Yes ❑X 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. No Sewage required. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes © No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes []X, No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program/ Reached out to USFWS but did not receive response. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 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 ❑X 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? EDR NEPA Report 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Floodplain Map Maria Polizzi 12-11-2019 Applicant/Agent's Printed Name Applicant/Agent's Sigl a Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10