HomeMy WebLinkAbout20200766 Ver 1_401 Application_20200610Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* 2020 Version* 1
0766
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - (336)
776-9800
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?
r Yes
r No
How much is owed?* r $240.00
r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name:
Email Address:
Project Information
Project Name:
Heather D. LaGamba
VUio is subaitting the infornation?
hlagamba@pilotenviro.com
116 Maxfield Rd (Stewart Stainless)
Is this a public transportation project? r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Guilford
Please upload all files that need to be submited. Oickthe upload button ordrag and drop files here toattach
docurrent
Stewart Stainless PCN
7.94MB
Application_6.9.20.pdf
Only pdf or lm7 files are accepted.
Describe the attachments: PCN for 401 WQC
Sign and Submit
W By checking the box and signing box below, I certify
that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the online form."
Signature:
�r�r�rlfP� ,�i. ��a�arrkr
Submittal Date: Is filled in automatically.
Page 1 of 12
PCN Form –Version 1.3 December 10, 2008 Version
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A.Applicant Information
1.Processing
1a.Type(s) of approval sought from the
Corps:Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number:NWP 39 or General Permit (GP) number:
1c.Has the NWP or GP number been verified by the Corps?Yes No
1d.Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification –Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification –Express Riparian Buffer Authorization
1e.Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
Yes No
1g.Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.
Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?Yes No
2.Project Information
2a.Name of project:Stewart Stainless Steel
2b.County:Guilford
2c.Nearest municipality / town:Greensboro
2d.Subdivision name:
2e.NCDOT only, T.I.P. or state
project no:
3.Owner Information
3a.Name(s) on Recorded Deed:Wendover Industrial Partners, LLC
3b. Deed Book and Page No.007683-00562
3c.Responsible Party (for LLC if
applicable):
3d.Street address:116 Maxfield Road
3e.City, state, zip:Greensboro,NC 27410
3f.Telephone no.:336.282.3550
3g.Fax no.:
3h.Email address:Alex Hale <ahale@windsorcommercial.com>
Page 2 of 12
PCN Form –Version 1.3 December 10, 2008 Version
4.Applicant Information (if different from owner)
4a.Applicant is:Agent Other, specify:
4b.Name:Timothy Stewart
4c.Business name
(if applicable):Stewart Stainless Supply, Inc
4d.Street address:331 Braselton Pkwy
4e.City, state, zip:Braselton , GA 30517
4f.Telephone no.:770-925-0075
4g.Fax no.:
4h.Email address:tstewart@stewartstainless.com
5.Agent/Consultant Information (if applicable)
5a.Name:David S. Brame
5b.Business name
(if applicable):Pilot Environmental,Inc.
5c.Street address:PO Box 128
5d.City, state, zip:Kernersville, NC 27285
5e.Telephone no.:336.708.4617
5f.Fax no.:
5g.Email address:dbrame@pilotenviro.com
Page 3 of 12
PCN Form –Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1.Property Identification
1a.Property identification no. (tax PIN or parcel ID):7885700396
1b.Site coordinates (in decimal degrees):
Latitude:36.084614°Longitude:-
79.721023°
(DD.DDDDDD)(-DD.DDDDDD)
1c.Property size:19 acres
2.Surface Waters
2a.Name of nearest body of water (stream, river, etc.) to
proposed project:South Buffalo Creek
2b.Water Quality Classification of nearest receiving water:WS-V, NSW
2c.River basin:Cape Fear
3.Project Description
3a.Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site contains wooded land.Industrial and commercial development are located proximate to the site. The Wendover
Industrial Center is located south/southwest of the site.
3b.List the total estimated acreage of all existing wetlands on the property:
Wetlands=3.29 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Streams=1,970 LF
3d.Explain the purpose of the proposed project:
The purpose of the proposed project is to construct the Stewart Stainless industrial facility.
3e.Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes the construction of a 60,000 square foot industrial building and associated driveways,
parking lots, tractor trailer storage and building expansion area,landscaped areas, and stormwater devices.In order to
construct an access road onto the site it is necessary to impact a stream and a wetland.In order to construct the building
on the site, it is also necessary to impact an isolated wetland.To facilitate the construction of the access road and
development of the site, clearing and grading the site is necessary. Grade rs, haulers, excavators, and other heavy
equipment will be used during grading and construction of the site.
4.Jurisdictional Determinations
4a.Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for thi s property /
project (including all prior phases) in the past?
Comments:D. Bailey/Sue Homewood Site Visit 1/29/2020
Yes No Unknown
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):Michael Brame
Agency/Consultant Company:Pilot Enviromental, Inc.
Other:
4d.If yes, list the dates of the Corps jurisdictional determinations or State determina tions and attach documentation.
USACE not yet received/DWR Buffer letter received (dated February 12, 2020)
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.
Page 4 of 12
PCN Form –Version 1.3 December 10, 2008 Version
6.Future Project Plans
6a.Is this a phased project?Yes No
6b.If yes, explain.
Page 5 of 12
PCN Form –Version 1.3 December 10, 2008 Version
C.Proposed Impacts Inventory
1.Impacts Summary
1a.Which sections were completed below for your project (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2.Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number –
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
(Corps -404, 10
DWQ –non-404, other)
2f.
Area of impact
(acres)
W1 P T Fill PFO Yes
No
Corps
DWQ 0.0089
W2 P T Fill Isolated Yes
No
Corps
DWQ 0.048
W3 P T Yes
No
Corps
DWQ
W4 P T Yes
No
Corps
DWQ
W5 P T Yes
No
Corps
DWQ
W6 P T Yes
No
Corps
DWQ
2g. Total wetland impacts 0.0569
2h. Comments:In order to construct the road crossing,it is necessary to permanently impact 0.0089 acres of forested
wetland.Based on the size of the isolated wetland (0.048 acres),impacts to the isolated wetland are allowed in accordance
with the State General Permit for Impacts to Isolated Wetlands (Permit No.IWGP 100000).
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
(Corps -404, 10
DWQ –non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P T Culvert/Rip-
Rap/Pump Around
UT to South
Buffalo Creek
PER
INT
Corps
DWQ 5 132/25/10
S2 P T PER
INT
Corps
DWQ
S3 P T PER
INT
Corps
DWQ
S4 P T PER
INT
Corps
DWQ
S5 P T PER
INT
Corps
DWQ
S6 P T PER
INT
Corps
DWQ
3h.Total stream and tributary impacts 132/25/10
3i. Comments:The proposed stream crossing will permanently impact 132 linear feet of stream channel with culvert pipe and
headwall footings. Rip rap will be keyed into 25 linear feet of stream to protect the outlet. The impervious dike and pump
around will temporarily impact 10 linear feet of stream channel. Areas of temporary impact will be restored to pre -construction
Page 6 of 12
PCN Form –Version 1.3 December 10, 2008 Version
conditions.
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 (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
O1 P T
O2 P T
O3 P T
O4 P T
4f. Total open water impacts
4g. Comments:Open water impacts are not proposed.
5.Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
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 Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?Yes No If yes, permit ID no:
5i.Expected pond surface area (acres):
5j.Size of pond watershed (acres):
5k.Method of construction:
Page 7 of 12
PCN Form –Version 1.3 December 10, 2008 Version
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 Other:
Catawba Randleman
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 P T Fill UT to South Buffalo Creek Yes
No 5,610 1,468
B2 P T Yes
No
B3 P T Yes
No
6h.Total buffer impacts 5,610 1,468
6i. Comments:Buffer impacts are being authorized by the local buffer authority.
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 applicant has designed the proposed development to avoid additional impacts to streams and wetlands other than those
essential for project viability. In order for the applicant to develop and access the site, it is necessary to cross a stream and
associated wetland.Access to the site from the east was evaluated and determined to have greater impact s to streams and
wetlands. The engineer has utilized headwalls to further minimize impacts at the crossing location.Impacts to the remaining
1,800 linear feet of stream and 3.233 acres of wetlands are being avoided.
1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and fenced and silt fence will be installed at the limits of disturbance.Temporary coffer dams
will be installed upgradient of the proposed culvert.During construction, water will be pumped around the construction
footprint. Appropriate stream bank protection will be provided in the channel during construction and all excess excavated
material will be immediately removed from the stream bank crossing areas.The rip rap is being keyed in to further minimize
the impacts to the stream.Upon completion of the culvert installation, the temporary sand bag coffer dam will be removed and
flow will be diverted through the culvert.Following construction, disturbed banks will be restored to similar pre-construction
conditions, matted and seeded.
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 Quantity
Page 8 of 12
PCN Form –Version 1.3 December 10, 2008 Version
3c. Comments:
4.Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.Yes
4b.Stream mitigation requested:linear feet
4c.If using stream mitigation, stream temperature:warm cool cold
4d.Buffer mitigation requested (DWQ only):square feet
4e.Riparian wetland mitigation requested:acres
4f.Non-riparian wetland mitigation requested:acres
4g.Coastal (tidal) wetland mitigation requested:acres
4h. Comments:
5.Complete if Using a Permittee Responsible Mitigation Plan
5a.If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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 zon e 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:Buffer mitigation is not required. Buffer impacts will be authorized by the delegated local authority.
Page 9 of 12
PCN Form –Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.Diffuse Flow Plan
1a.Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?Yes No
1b.If yes, then is a diffuse flow plan included? If no, explain why.
Comments:No concentrated flow discharge points are proposed into the buffers.Yes No
2.Stormwater Management Plan
2a.What is the overall percent imperviousness of this project?22 %
2b. Does this project require a Stormwater Management Plan?Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A stormwater pond has been designed to treat stormwater from the site.The stormwater plan is subject to local review
and approval.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Certified Local Government
DWQ Stormwater Program
DWQ 401 Unit
3.Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?City of Greensboro
3b.Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?Yes No
5. DWQ 401 Unit Stormwater Review
5a.Does the Stormwater Management Plan meet the appropriate requirements?Yes No
5b. Have all of the 401 Unit submittal requirements been met?Yes No
Page 10 of 12
PCN Form –Version 1.3 December 10, 2008 Version
F. Supplementary Information
1.Environmental Documentation (DWQ Requirement)
1a.Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?Yes No
1b.If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina)Environmental Policy Act (NEPA/SEPA)?
Yes No
1c.If you answered “yes” to the above, has the document review been finali zed by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approv al
letter.)
Comments:A NEPA or SEPA is not required as part of this project.
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b.Is this an after-the-fact permit application?Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3.Cumulative Impacts (DWQ Requirement)
3a.Will this project (based on past and reasonably anticipated f uture impacts) result in
additional development, which could impact nearby downstream water quality?Yes No
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.
We are not aware of additional development that will impact nearby downstream water quality as a result of the proposed
project.
4.Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated will be gravity fed to existing sewer infrastructure that is located to the south of the site.Sewer
and water will located within the proposed access road footprint.Proposed sewer infrastrutucture will not require additional
impacts to streams and wetlands.
Page 11 of 12
PCN Form –Version 1.3 December 10, 2008 Version
5.Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.Will this project occur in or near an area with federally protected s pecies or
habitat?Yes No
5b.Have you checked with the USFWS concerning Endangered Species Act
impacts?Yes No
5c.If yes, indicate the USFWS Field Office you have contacted.Raleigh
Asheville
5d.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
We consulted the USFWS Information for Planning and Consultation (IPaC) website to determine potential federally
protected endangered or threatened species that may be impacted.The Schweinitz's sunflower and small whorled
pogonia are listed as federally protected species that occur within the project area.Suitable habitat for Schweinitz's
sunflower and small whorled pogonia is not located on the site. Therefore, the proposed project will have no effect on
federally protected species or their habitat.A copy of IPaC report is included as an attachement.
6.Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?Yes No
6b.What data sources did you use to determine whether your site would impact Essential Fish Habitat?
According to the NOAA -Essential Fish Habitat Mapper the project will not impact Essential Fish Habitat.
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?
We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/)to identify historic and/or archaeological resources on or near
the site. The map does not identify properties that are listed or are eligible for listing on the National Register on the site
or nearby properties.Ineligible sites are identified to the north and southeast of the site.A copy of the map is included as
an attachment.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?National Flood Hazard Layer from FEMA 3710788500J
and 3710788400J
David S. Brame,PWS
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
July 9, 2020
Date
Page 12 of 12
PCN Form –Version 1.3 December 10, 2008 Version
Proposal for Wetland Permitting Services
Pilot Proposal 5238.1
April28, 2020
AGENT AUTHORIZATION
This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: 116 Maxfield Rd.
Greensboro, NC 27405
Applicant Information:
Name:
Address:
Telephone Number:
Fax Number:
Stewart Stainless Supply, Inc.
331 Braselton P
Braselton, GA 30517
770-925-0075
E-mail Address: tstewart@stewartstainless.com
Signature: Date: y/7-S' �2_02A:2
4
AGENT AUTHORIZATION
This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: I 3c �� ,01-4
Owner Information:
Address:
Telephone Number: 5%- —?(:i �— S '3—J
Fax Number:
E-mail Address:
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.
Print Name
Capacity: X Owner —Authorized Agent
Date
Signature
PROPOSED R/W DEDICATION5794.18 SF (0.133 AC.)WWWWWW
PROP. 12" WATER LINE(PUBLIC)WWW W
R/W200' NORFOLK-SOUTHERNR/W100'100'R/WHVAC
BUILDING
R/W1 STORY BRICKINDUSTRIALFACILITYR/WSAND & GRAVEL ROADR/WR/W DEDICATED TO
THE PUBLIC PER
PB 117 PG 71
R/W
10' +/- STRIP OF
EX. 1 STORY
EXISTINGRAILROAD R/WSAND &
100'GATECENTERLINE OF THERAILROAD TRACKS ISPROPERTY LINE PERDB 2578 PG 411100'
MAXFIELD ROAD
(PUBLIC R/W VARIES)ASPHALTROAD ENDS(PUBLIC R/W VARIES)200' NORFOLK-SOUTHERNRAILROAD R/W(SEE DB 4784 PG 1184)GATEGRAVEL ROAD
GRAVEL
DRIVE
R/W PER N.C.D.O.T.ASPHALTROADWAYONE STORYBLOCKBUILDINGU.S. HIGHWAY 70SR 3025796782782768 APPROX. LOCATION12" WATER MAIN765770775780762763764766767768769771772773774776777778779781782 765770775762763764766767768769771772773774776770771772773FFE = 774.00±30,000EXPANSION±60,000INDUSTRIALBUILDING0+000+501+007
7
0
76
9
7697
7
1772
775780775
780770
77
0765760755753755760760760765760765770760760 745750755760765745750755760765752.0752.0752.7752.0761.57761.07757.010+000+501+00CULVERT68.08' OF54" RCP@ 2.64%JOB NO.SHEET NO.SCALEDESIGNED BYCHECKED BYDATE
DRAWN BYDATEREVISION DESCRIPTION
YOUR VISION ACHIEVED THROUGH OURS.
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.
S:\107\44951-Stewart_Stainless_Steel\DWG\Sheet\Exhibit\(2020.05.08) - Stream Impact Exhibits\Stewart Stainless - Overall Site Plan Exhibit.dwg | Plotted on 6/9/2020 8:10 AM | by Jacob Moore
06/09/2020STEWART STAINLESS STEEL
GUILFORD COUNTY - NORTH CAROLINA44951 NOT FOR CONSTRUCTION8642 W. Market Street Suite 136 | Greensboro, NC 27409
TEL 336.662.0411 FAX 336.662.0420 www.timmons.com
North Carolina License No. C-1652
THIS DRAWING PREPARED AT THE
GREENSBORO OFFICE
1" = 80'EXOVERALL SITE PLAN A. BOCKMANA. BOCKMANA. CARROLLNAD 830SCALE 1"=80'160'80'CULVERT PROFILEH: 1" = 40'V: 1" = 4'C/LNCDOT STD 838.21CONCRETE HEADWALL(6" BURIAL DEPTH)NCDOT STD 838.21CONCRETE HEADWALL(6" BURIAL DEPTH)STORMWATER CONTROLMEASUREZONE 1 BUFFER : 5,610 SF IMPACTEDZONE 2 BUFFER: 1,468 SF IMPACTEDZONE 2 BUFFER (TEMP. IMPACTS TO BERE-VEGETATED): 1,985 SFSTREAM IMPACT: 2,023 SFWETLAND IMPACT: 388 SFTEMPORARY IMPACTS FORDEWATERING ACTIVITES: 141 SFCULVERT FILL: 307 SFRIP-RAP FILL: 695 SFBUFFER IMPACTS LEGEND2:12:1IMPACTAREA 1IMPACTAREA 2
76
2
763
764 7657
6
2 76376476676776877076
0
76
5
77
0
NAD 830
SCALE 1"=20'
40'20'
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.8642 W. Market Street Suite 136 | Greensboro, NC 27409TEL 336.662.0411 FAX 336.662.0420 www.timmons.comTHIS DRAWING PREPARED AT THEGREENSBORO OFFICES:\107\44951-Stewart_Stainless_Steel\DWG\Sheet\Exhibit\(2020.05.08) - Stream Impact Exhibits\Stewart Stainless - Overall Site Plan Exhibit.dwg | Plotted on 6/9/2020 8:12 AM | by Jacob MooreEX1 IMPACT AREA 1 EXHIBITA. BOCKMAN
A. CARROLL
06/09/2020
STEWART STAINLESS STEELGUILFORD COUNTY - NORTH CAROLINA44951
1" = 20'NORTH CAROLINA LICENSE NO. C-1652ZONE 1 BUFFER : 5,610 SF IMPACTED
ZONE 2 BUFFER: 1,468 SF IMPACTED
ZONE 2 BUFFER (TEMP. IMPACTS TO BE
RE-VEGETATED): 1,985 SF
STREAM IMPACT: 2,023 SF
WETLAND IMPACT: 388 SF
TEMPORARY IMPACTS FOR
DEWATERING ACTIVITIES: 141 SF
CULVERT FILL: 307 SF
RIP-RAP FILL: 695 SF
BUFFER IMPACTS LEGEND
RIPRAP TO BE KEYED
INTO STREAM BED
(SEE CROSS SECTION)
FILTER
FABRIC
24"
PIPE
OUTLET PROTECTION CROSS SECTION
NO SCALE
RIPRAP
IMPACT - 25 LF
CULVERT/HEADWALL &
ENDWALL IMPACT - 132 LF
TEMPORARY IMPACT FOR
COFFER DAM - 10 LF
WETLAND IMPACT -
388 SF (0.0089 AC)
OUTLET PROTECTION STREAM CROSS SECTION
NO SCALE
775
780
NAD 830
SCALE 1"=20'
40'20'
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.8642 W. Market Street Suite 136 | Greensboro, NC 27409TEL 336.662.0411 FAX 336.662.0420 www.timmons.comTHIS DRAWING PREPARED AT THEGREENSBORO OFFICES:\107\44951-Stewart_Stainless_Steel\DWG\Sheet\Exhibit\(2020.05.08) - Stream Impact Exhibits\Stewart Stainless - Overall Site Plan Exhibit.dwg | Plotted on 6/9/2020 8:12 AM | by Jacob MooreEX1 IMPACT AREA 2 EXHIBITA. BOCKMAN
A. CARROLL
06/09/2020
STEWART STAINLESS STEELGUILFORD COUNTY - NORTH CAROLINA44951
1" = 20'NORTH CAROLINA LICENSE NO. C-1652ZONE 1 BUFFER : 5,610 SF IMPACTED
ZONE 2 BUFFER: 1,468 SF IMPACTED
ZONE 2 BUFFER (TEMP. IMPACTS TO BE
RE-VEGETATED): 1,985 SF
STREAM IMPACT: 2,023 SF
WETLAND IMPACT: 388 SF
TEMPORARY IMPACTS FOR
DEWATERING ACTIVITIES: 141 SF
CULVERT FILL: 307 SF
RIP-RAP FILL: 695 SF
BUFFER IMPACTS LEGEND
WETLAND IMPACT -
2,089 SF (0.048 AC)
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but notlimited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.8642 W. Market Street Suite 136 | Greensboro, NC 27409TEL 336.662.0411 FAX 336.662.0420 www.timmons.comTHIS DRAWING PREPARED AT THEGREENSBORO OFFICES:\107\44951-Stewart_Stainless_Steel\DWG\Sheet\Exhibit\(2020.05.08) - Stream Impact Exhibits\Stewart Stainless - Overall Site Plan Exhibit.dwg | Plotted on 6/9/2020 8:12 AM | by Jacob MooreEX3 IMPACT DETAILSA. BOCKMAN
A. CARROLL
06/09/2020
STEWART STAINLESS STEELGUILFORD COUNTY - NORTH CAROLINA44951
1" = 20'NORTH CAROLINA LICENSE NO. C-1652CULVERT CONSTRUCTION SEQUENCE
1.DO NOT BEGIN WORK WITHIN STREAM OR BUFFERS WITHOUT
AUTHORIZATION. NO DISTURBANCE SHALL OCCUR OUTSIDE THE
APPROVED IMPACTS.
2.INSTALL PUMP AROUND SETUP AS SHOWN IN THE DETAIL. ALL
WORK SHOULD BE SCHEDULED FOR A PERIOD WHEN DRY
WEATHER IS EXPECTED.
3.ONCE WORKING AREA IS PUMPED AND FREE OF WATER, CLEAR
AND GRUB AS REQUIRED WITHIN THE WORKING AREA.
4.BEGIN INSTALLATION OF CONCRETE PIPE CULVERT AND
HEADWALLS AS SHOWN ON THE PLAN. PIPE CULVERT AND
HEADWALLS ARE TO BE SET 6" INTO THE STREAM BED AND NATIVE
STREAM BED MATERIAL SHALL BE USED TO BACKFILL THE BOTTOM
OF THE PIPE.
5.ONCE CULVERT PIPE AND HEADWALLS ARE IN PLACE, INSTALL
RIPRAP OUTLET PROTECTION AS SHOWN BY KEYING THE RIPRAP
INTO THE EXISTING STREAM BED (REFER TO DETAILS). ENSURE
DISTURBED AREAS ARE STABILIZED PRIOR TO DIVERTING WATER
THROUGH CULVERT.
USGS Topographic Map
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 1
USGS Topographic Map
McLeansville, NC Quadrangle
Scale: 1” = 2,000’
LEGEND
Site Boundary
Web Soil Map
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 2
USDA Web Soil Survey
of Guilford County, NC
Scale: 1” = 300’
LEGEND
Site Boundary
Published Soil Map
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 2A
USDA Soil Survey
Of Guilford County, NC
Published 1977, Sheets 22 & 28
Not To Scale
LEGEND
Site Boundary
NWI Map
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 3
USFWS NWI
Wetlands Mapper
Scale: 1” = 300’
LEGEND
Site Boundary
FEMA FIRM
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 4
National Flood Hazard Layer
From FEMA Web Map Service
Scale: 1” = 300’
ApprovedJD Area
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR.DAVID BAILEY WITH THE USACE AND MS.SUE
HOMEWOOD WITH THE NCDEQ-DWR ON 1.29.2020.THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES.
DELINEATION CONDUCTED BY PILOT PERSONNEL ON 11.6.2019.
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = Limits
Wetland Flags = 104
Total Flags = 104
Wetland Map
Maxfield Road
Approximate 19-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 5
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1” = 250’
Date: 2.11.2020
DP-1
LEGEND
Preliminary JD Site Boundary
Approved JD Site Boundary
Perennial Stream
Wetlands
50’ Jordan Lake Buffer
Data Point
Flag Number
Verification Results
Culvert
WA 1-5
WC 1-7
(0.095 ac)
WB 6-12
(0.185 ac)
WE/WEA 1-6
(0.15 ac)
SA
(270 LF)
DWB 1-18
(1.74 ac)
WA 1-39 /
DWA 1-22
(1.07 ac)
SB
(1,700 LF)
SC
(100 LF)
DP-2
DP-1
WA 1-5
Preliminary
JD Area
WD 1-6 (0.05 ac)
USACE 404 Non-
Jurisdictional Wetland
NCDWR Isolated Wetland
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR.DAVID BAILEY WITH THE USACE AND MS.SUE
HOMEWOOD WITH THE NCDEQ-DWR ON 1.29.2020.THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES.
DELINEATION CONDUCTED BY PILOT PERSONNEL ON 11.6.2019.
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = Limits
Wetland Flags = 6
Total Flags = 6
Wetland Map
Maxfield Road
Approximate 0.2-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5238
Drawing 5A
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1” = 50’
Date: 2.11.2020
LEGEND
Preliminary JD Site Boundary
Approved JD Site Boundary
Perennial Stream
Wetlands
50’ Jordan Lake Buffer
Data Point
Flag Number
Culvert
WA 1-5
DP-1
6/8/2020
Property Report
Guilford County, NC - Property Report Convert to PDF 6/8/2020
Parcel ID
Property Address
I Legal Description
82835
116 Maxfield Rd
WENDOVER INDUSTRIAL CENTER, SHEETS 1 & 2 LO5
�-� •:' Mobile 0
Maps
Owner Information
Owner Name
I Mailing Address
City, State Zip
WENDOVER INDUSTRIAL PARTNERS LLC
1 3818 BURLINGTON RD
GREENSBORO, NC 27405
Parcel Information
PIN
Zoning
Use
Tax District
7885700396-000
CU-HI-Heavy Industrial
IND
0
Parcel Size
Appraisal Nbrhood
Plat/Condo Bk & Pg
19.09
7885101
191-29
Recent Sales
Book & Page
Sale Date
Sale Price
Qualified?
Improved?
00768300562
$0
Yes
Yes
Appraisal Values
Land Buildings Extra Features Total Value
$515,700 $0 $0 $515,700
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document
and should not be substituted for a title search, appraisal, survey, or for zoning verification.
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document
and should not be substituted for a title search, appraisal, survey, or for zoning verification.
gis.guilfordcountyne.gov/PropertyCardjs/Default.aspx?pin=82835&ma p I mage=_ags_8l fad5dO3d5f4f329e3abb576l aO220a.jpg&isTinyScreen=false&is... 1 /1
June 08, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-1307
Event Code: 04EN2000-2020-E-02984
Project Name: Stewart Stainless
Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
06/08/2020 Event Code: 04EN2000-2020-E-02984 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
06/08/2020 Event Code: 04EN2000-2020-E-02984 3
▪
Attachment(s):
Official Species List
06/08/2020 Event Code: 04EN2000-2020-E-02984 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
06/08/2020 Event Code: 04EN2000-2020-E-02984 2
Project Summary
Consultation Code:04EN2000-2020-SLI-1307
Event Code:04EN2000-2020-E-02984
Project Name:Stewart Stainless
Project Type:DEVELOPMENT
Project Description:The site si being considered for development with an industrial facility.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/36.08410318499976N79.72122721343928W
Counties:Guilford, NC
06/08/2020 Event Code: 04EN2000-2020-E-02984 3
1.
Endangered Species Act Species
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
SITE
NCHPO HPOWEB
NCDOT GIS Unit, NCDOT STIP Unit
Sources: Esri, HERE, Garmin, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)
Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
Blockface- Multiple properties
Blockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
DOE districts & boundaries
Determined Eligible Boundary
Both DOE and Study List Boundary
DOE individual resources & centerpoints
Determined Eligible
DOE, Gone
SL and DOE
SL and DOE, Gone
DOEHD Center Point
SLDOEHD Center Point
SL districts & boundaries
Study List Boundary
Both SL and Determined Eligible Boundary
6/8/2020, 4:16:33 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:9,028
North Carolina State Historic Preservation Office
February 12, 2020
Spencer Burnett
Pilot Environmental Inc.
P.O. Box 128
Kernersville, NC 27285
Subject: On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2B .0500)
Subject Property: Maxfield Rd, Guilford County
Dear Mr. Burnett:
On January 29, 2020, at your request, I conducted an on-site determination to review features located on
the subject project for stream determinations with regards to the above noted state regulations. David
Bailey with the US Army Corps of Engineers (USACE) was also present during the site visit.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE.
The attached initialed and dated sketch accurately depicts all DWR stream determinations conducted
during the site visit.
At the time of this letter, all perennial stream channels and jurisdictional wetlands found on the
property are subject to the mitigation rules cited above. In addition, the Jordan Lake Buffer Rules may
apply to some streams at this location, please be sure to contact the local government for further
information regarding the Jordan Lake Buffer Rules. Please note that these regulations may be subject
to change in the future.
The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in
any future correspondences concerning this property. This on-site determination shall expire five (5)
years from the date of this letter.
Landowners or affected parties that dispute a determination made by the Division or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that
dispute a determination by the Division or Delegated Local Authority that “exempts” surface water from
the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision. The
Division recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State or their associated buffers. If you have any additional
questions or require additional information, please contact me at 336-776-9693 or
sue.homewood@ncdenr.gov.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Pilot Environmental Wetland Map - initialed and dated
Cc: Wendover Industrial Partners LLC, 3818 Burlington Rd
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office