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HomeMy WebLinkAbout20201960 Ver 1_401 Application_20210712Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20201960 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Stephanie Goss: eads\szgoss Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* 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 For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: Prefile Time Clock Expired_01.14.20.pdf 50.89KB Date for Meeting Request 12/14/2020 ID# 20201960 Version 1 Project Contact Information Name: Heather LaGamba who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Fleming Site 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) Johnston Please upload all files that need to be submited. Oickthe upload button or drag and drop files here to attach document 3571.3_Fleming PCN_07.10.21.pdf 15.39MB Only pdf or Iv17 files are accepted. Describe the attachments or comments: PCN for WQC Sign and Submit P By checking the box and signing box below, I certify that: ■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. ■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the online form. Signature: ��AW-4 :10.1��IIIWIOI Submittal Date: Is filled in autorratically. ID#* 20201960 Version* 1 Regional Office * Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 12/14/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Heather LaGamba hlagamba@pilotenviro.com Fleming Site multiple Johnston Street Address multiple Address Line 2 aty multipe Postal / Zip axle multiple Is this a transportation project?* (' Yes r No State / Province / Pegion NC Country United States Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below.* The applicant does not request a meeting. the applicant may submit a request for a 401 WQC. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature r 0. .61 r�+.A,, Submittal Date 12/14/2020 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2020-02238 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: US Highway 70 Business 2. Work Type: Private ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: See Attached 4. Property Owner / Applicant [PCN Form A3 or A41: See Attached 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: US Highway Business 70 35.5410190/-78.3714820 8. Project Location —Tax Parcel ID [PCN Form Bla]: See Attached 9. Project Location — County [PCN Form A2b]: Johnston 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Smithfield 11. Project Information — Nearest Waterbody [PCN Form 132a]: Swift Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020201 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓❑ Nationwide Permit # ❑ Regional General Permit # ❑ Jurisdictional Determination Request Section 10 and 404 ❑ ❑Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 ID#* 20201960 Version* 1 Regional Office * Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 12/14/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Heather LaGamba hlagamba@pilotenviro.com Fleming Site multiple Johnston Street Address multiple Address Line 2 aty multipe Postal / Zip axle multiple Is this a transportation project?* (' Yes r No State / Province / Pegion NC Country United States Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below.* The applicant does not request a meeting. the applicant may submit a request for a 401 WQC. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature r 0. .61 r�+.A,, Submittal Date 12/14/2020 STATE 3 u o 'tee auanv�t"k NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.541019 Longitude (DD.DDDDDD):-78.371482 Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-PrograrTVPermits/201 7-Nationwide-Permits/Pre- construction- Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) *: 12/14/2020 DWR ID # 20201960V1 Version 1 (If applicable) A. Processing Information County (counties) where project is located: * Johnston Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Pagel of 22 PCN Form - Version 1.5, September 2020 ❑x Nationwide Permit (NWP) 1b. Permit type(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s): NWP 39 RGP number(s): Click to enter 1d. Type(s) of approval sought from the DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 22 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? Mr. Brian Hall 1 b. Primary Contact Email: bhall@sametcorp.com 1 c. Primary Contact Phone: (###)###-#### 336-554-2600 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Fleming Family Farm, LLC 2b. Deed Book and Page No.: 003503-00460, 003527-03937 2c. Responsible Party (for corporations): Robert Fleming 2d. Address Street Address: 1032 Branch Live Lane Address line 2: Click to enter. City: Apex State/ Province/ Region: North Carolina Postal/ Zip Code: 27502 Country: U.S. 2e. Telephone Number: (###)###-#### 919-441-2086 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: Rofleming365@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Mr. Brian Hall 3b. Business Name (if applicable): SST Properties 3c. Address: Street Address: 309 Gallimore Diary Road Address line 2: Suite 102 City: Greensboro State/ Province/ Region: North Carolina Postal/ Zip Code: 27409 Country US 3d. Telephone Number: (###)###-#### 336-544-2600 3e Fax Number: (###)###-#### LU U1 1L Page 3 of 22 PCN Form - Version 1.5, September 2020 3f. Email Address: * bhall@sametcorp.com 4. Agent/ Consultant (if applicable) 4a. Name: * Bradley Luckey 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: PO Box 128 Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27285 Country: U.S. 4d. Telephone Number: * (###)###-#### 336.310-4527 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * bluckey@pilotenviro.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 22 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Fleming Site 1 b. Subdivision name (if appropriate): Crescent Hill 1c. Nearest municipality/town: * Smithfield, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 168500-73-3381, 168519-52-2147, 168500-63-4559, 168520-71-8516, 168520-70-9127 and 168520-80- 2342 2b. Property size (in acres): 252 2c. Project Address: Street Address: US Highway 70 Business Address line 2: Click to enter. City: Smithfield State/ Province/ Region: NC Postal/ Zip Code: Click to enter. Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.541019 Longitude (-DD.DDDDDD): *--78.371482 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Swift Creek 3b. Water Resources Classification of nearest receiving Class C, NSW water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Neuse 3c. In what river basin(s) is your project located? * Choose additional (if needed) Choose 3d. Please provide the 12-digit HUC in which the project is 030202011007 located: The Find Your HUC map may be found at this link: httr)s://ncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 22 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site contains an open pole barn. Other structures are not located on the site. The remainder of the site consist of undeveloped agricultural fields and wooded land. The site is located within a mixed use area of Smithfield, Johnston County, North Carolina. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): [Author] Attach any pertinent project history documentation 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 16.25 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 2,637 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0.22 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an approximate 630,000 square foot distribution/warehouse building and to provide access to the remainder of the site to be utilized as an industrial business park. 4i. Describe the overall project in detail, including the type of equipment to be used: * The overall project consists of development of a portion of the site with an approximate 630,000 square foot distribution and manufacturing facility. The facility will contain a manufacturing/distribution center and office building, trailer docks, court and storage parking, employee parking, stormwater treatment ponds and landscaped areas. The facility has been designed to separate tractor trailer traffic from general vehicular traffic. A circular flow around trailer docks and the distribution facility is necessary for operational efficiencies of the occupant and safety purposes for emergency personnel services. To facilitate development of the site, it is necessary to impact streams and wetlands. Clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. Name (if known): David Brame/Brad Luckey 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter. 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed Concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown Page 6 of 22 PCN Form - Version 1.5, September 2020 I Corps AID number (ex. SAW-0000-00000): I SAW-2020-02238 I 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. SAW-2020-02238 Field Verification on 2.2.21, PJD Pending. DWR NBRRO#20-409 dated 2.9.21 (attached). 5d1. Attach jurisdictional determinations. Page 7 of 22 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. flick to enter Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 22 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Fill (Incl. Permanent Unnamed Unknown Yes Corps 0.224 Riprap) W2 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W3 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click +, Perm entt, W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click t^ Perm en' 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.224 ac 2g3. Total wetland impacts 0.224 ac 2h. Comments: Wetland Impact 1 (Wetland WE 1-47) will permanently fill 0.224 acres of wetlands associated with grading the facility. Temporary wetland impacts are not proposed. Page 9 of 22 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a. Impact Reason/ Type* 3b. Impact Duration* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Fill (Incl. Riprap) Permanent Unnamed Intermittent Corps 2.02 86 S2 Fill (Incl. Riprap) Temporary Unnamed Intermittent Corps 6.03 95 S3 Dewatering Temporary Unnamed Intermittent Corps 6.03 10 S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 181 linear ft M. Total temporary stream impacts: 10 linear ft 34. Total stream and ditch impacts: 0 linear ft 3j. Comments: Stream Impact 1 (Stream SE) will permanently impact 0.004ac/174.24SF/86LF of intermittent stream channel associated with development fill from the facility. Stream Impact 2 (Stream SA) will permanently impact 0. 1 32ac/573SF/95LF of intermittent stream channel associated with the access road to the remainder of the industrial business park. Stream Impact 3 (Stream SA) will temporarily impact 60SF/10LF of intermittent stream channel associated with de -watering. Areas of temporary stream impact will be restored to similar pre -construction grades and stabilized with natural fiber matting and native herbaceous seed mix. Page 10 of 22 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site #* Impact Reason/ Impact Waterbody Name* Waterbody Jurisdiction Impact area (ac)* Type* Duration* Type* Type* 01 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 22 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑x Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: Buffer impacts are not proposed Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 22 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The proposed facility layout has been designed to minimize grading limits and the development footprint to avoid greater impacts than proposed within this application. Alternative layouts of a similar size/dimension of the proposed building would result in greater impacts than those proposed within this application; however, would have also allowed for larger sized anxillary buildings within the remainder of the industrial park. The remainder of the industrial business park has been conceptually designed to avoid additional impacts to waters or wetlands. The applicant has designed the larger industrial park's access road to utilize head and end walls and to cross the stream in area that the stream is relatively straight and free of meanders, thus minimizing stream impact area. There are approximately 16.25 acres of wetlands, 2,637 linear feet of stream channel and 0.22 acres of open water located on the site. Approximately 16.03 acres of wetlands, 2,442 linear feet of stream channel and 0.22 acres of open water are being avoided. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be staked and silt fence, rock checks or other temporary sediment and erosion control measures will be located within the most down -gradient area within Wetland Impact 1 (Wetland WE 1-47) and Stream Impact 1 (Stream SE). The sediment and erosion control devices will prevent sediment from being discharged into down -gradient streams or wetlands. A rock/stone french drain will be installed within the impact limits of the wetland and stream and filled over top with clean fill to final proposed grades. A temporary coffer dam will be installed up -gradient of the proposed culvert within Stream Impact 2 (Stream SA). 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 area. Upon completion of the installation, the temporary sand bag coffer dams will be removed and flow will be diverted through the culvert. Following construction, disturbed banks will be restored to similar pre -construction conditions, matted with natural fiber materials and seeded/live staked with native vegetation. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑x DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Pancho Stream, Wetland and Nutrient Mitigation Ban 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.448 Type: Choose one Quantity :lick to enter. Type: Choose one Quantity lick to enter. Attach receipt and/or approval letter. Page 13 of 22 PCN Form - Version 1.5, September 2020 3c. Comments: The applicant proposes mitigation for 0.224 acres of impact to wetlands at a 2:1 ratio. The applicant intends to purchase 0.448 acres of credits from above private mtigiation bank. The above private mitigation bank has credits needed to satisfy the mitigation proposal. If the above private mitigation bank does not have credits available at the time of 404/401 authorizations, then the applicant requests the Hollowell Site Private Mitigation bank be supplemented in lieu of the above proposed mitigation bank. Statement of Availability from both private mitigation banks are attached. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https:Hribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP: P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. Page 14 of 22 PCN Form - Version 1.5, September 2020 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: 1. IIt, r\ lV GI IIGI . Page 15 of 22 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? 0 Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- ❑ Yes 0 No approved local government stormwater program? * Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply) * ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 16 of 22 PCN Form - Version 1.5, September 2020 ❑x Phase II ❑ USMP Local Government Stormwater Programs * ❑x NSW ❑ Water Supply Please identify which local government stormwater program you are using.* Smithfield ❑ Phase II ❑ HQW or ORW State Stormwater Programs * ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 17 of 22 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), ❑ Yes ❑x No DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): ;lick to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not proposed. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? 1 ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Existing sanitary sewer services are located along US Highway 70. Impacts associated with sewage disposal are not proposed. Page 18 of 22 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ® Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC RCW and 5 aquatic species are are identified as federally protected on the IPaC report. The proposed wetland impact is within mixed hardwoods and would not be considered suitable habitat to RCW, therefore, the applicant has made a determnaiton of no effect for RCW. Streams located within the project area are significantly degraded due to nearby historic agricultural activities. The intermittent streams within the project area would not contain suitable habitat for the 5 identified aquatic species. Therefore, the applicant has made a determination of no effect for the 5 aquatic species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Dlick to enter. Page 19 of 22 PCN Form - Version 1.5, September 2020 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 20 of 22 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): htti)://gis. ncdcr.ciov/hi)oweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Offiice's HPOWEB 2.0. Historic properties were not identified on the site. One "survey only" property is identified on adjacent property east of the site. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service (Drawing 4) Page 21 of 22 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: f lirl, 4n cnfcr Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Bradley S. Luckey Digitally signed by Bradley Luckey Bviadlay DN:CphejoIt@Le tef.Pilot Enviromental, Inc., ou, rpa- x c=us 11.1 Date: 2021.07.10 15:38:55-04'00' Page 22 of 22 PCN Form - Version 1.5, September 2020 AGENT AUTHORIZATION This form authorizes PEI 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: 2095 W Market St Smithfield, NC 27577 Applicant Information: Name: SST Properties Address: 309 Gallimore Dairy Road, Suite 102 Telephone Number: Fax Number: Greensboro NC 27409 336-544-2600 E-mail Address: BHall@SametCorp.com Signature: Date: ��� i E o o ..... o........ ....... ...... ..3M m VNCoavC HiacN 'aIaiHHiiws N �� m J.1�3dO�d Q��IdHlIWS g�� � a z 3Ca V, "'MV . ...... M'i... -at* ® 8.,,,1.. y� aX 103rOUd w=wxoLU 88 t0h at —j rut Xt: rr v'r 16L < lv- g. A% k 7 t "0 IN 44-1 . . . . . . ..... V111Odv1 11601 MIIjHilffi ;� ® V 5 - aX 103rOHd rU5 LU Jill lot IL APP-91 Jim N g. 11 IN - ---- - ------- - -- ------ ---- A, N-u v Zi ... ....... . Y , 7 1; , , VIIIOdvI 11601 MII�Hilffi ni�i LU aX 103rOHd ZZ tt4% 16, nn IN —a U -77 At Ir 01 LI NEEE 411 1 ® n(mv, "'0' M'�... 8 ,,,I•. aX 103rOUd w=w LU sq, Ilk V, F A\ I tv 1p _E A N "77-T N jrEst 74 71 z k V",o, "'o, ® LU I,. aX 103rOHd lei mm — — — 30MC31= till, At v 0 7 I I z i LOD z z 0 La 0- CUA 14 t2 f—I %%\ VIIIOdvl 11601 MIIjHilffi LU aX 103rOHd '7 L) jr Ma 6 op L I ee 1L 4p 15+25 PROPOSED ROAD ROW (TYP.) ((1) FIRE HYDRANT ASSEMBLY ` 'DUCTILE IRON PIPE PROPOSED STORM (PRESSURE CL. 250) WATER MAIN DRAIN (TYP.) U SAND BAGOV ^ S�>s 78 DIKE < 17x00 � s ��HEADWALL .. o i4�i 11 C// —\ a5 „c:GJi,ll RIP -RAP DISSIPATOR + 's'.i�� � � KEYED IN AT GRADE STORM WATER �iii` `\, — / � WEB OND V �\�\ ri PERMANENT STREAM IMPACT (CROSS HATCHED AREA) 95 LF/573 SF±/0.01315 AC JURISDICTIONAL INTERMITTENT STREAM CONFLUENCE OF DITCHES. (NO GRADING WITHIN 50' BUFFER) PROPOSED GRADE EXISTING GRADE @ RIGHT ROW (TYP.) 16" DIP WATT (PRESSURE 1f PARAMOUNTE E N G 1 N 122 Cinema Drive, Wilmington, NC, 28403 (910)-791-6707 NC License #: C-2846 19+00 20+00 Date : 05.25.21 Scale: N/A Drawn: GJB Chk: TGC Proj. No: 21124.PE TEMPORARY STREAM IMPACT \� FOR PUMP AROUND AND SAND BAG DIKE 10 LF/60 SF± TEMPORARY PUMPAROUND �\ HEADWALL STORM DRAIN CULVERTS. SEE PROFILE FOR DETAIL. (1) FIRE HYDRANT A.. ASSEMBLY V (1) 16"X6" RJ REDUCER FIRE HYDRANT ASSEMBLY AL q ALL JOINTS RESTRAINED V (1) 16" BUTTERFLY VALVE EXISTING GRADE @ LEFT ROW (TYP.) EXISTING GRADE @ CL OF ROAD (TYP.) TORM VERTS RIED 12" ,VIDE 5' MIN. \RATION UNDERWATER -AM CROSSING. 1 STREAM IMPACT EXHIBIT WSBP INFRASTRUCTURE SMITHFIELD, NC Statement of Mitigation Credit Availability Pancho Stream, Wetland and Nutrient Mitigation Bank June 28, 2021 Chris Hopper U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 Re: Availability of Compensatory Wetland Mitigation Credits River Basin/HUC: Neuse 03020201 We are providing this letter in accordance with 33 CFR §332.8(r), to confirm that 0.4760 Riparian Wetland Mitigation Credits (Credits) from the Pancho Stream, Wetland & Nutrient Mitigation Bank (Bank) are currently available and all or a portion may be used, once transferred, for compensatory mitigation relative to SST Properties' (Applicant) project. The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Compensatory Mitigation Responsibility Transfer Form (Transfer Form) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Transfer Form to the Applicant, the Bank's US Army Corps (USACE) Project Manager and, if needed, other regulatory agencies. In addition, we will provide USACE with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9118. Sincerely, BARRETT JENKINS Restoration Systems, LLC 4 WATER & LAND SOLUTIONS WLS Neuse 01 Umbrella Mitigation Bank Statement of Availability June 29, 2021 U.S. Army Corps of Engineers Christopher Hopper Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: FELMING SITE This document confirms that SST PROPERTIES, LLC (Applicant) for the FLEMING SITE (Project) has expressed an interest to utilize 0.448 Riparian Wetland Mitigation Credits from the Water & Land Solutions, LLC sponsored WLS Neuse 01 Umbrella Mitigation Bank, specifically 0.448 wetland credits from the Hollowell Site, in the Neuse HUC 03020201. As the official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 252-423-0880. Best Regards, =410 Sammy Jo Hinnant Water & Land Solutions, LLC 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 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: 04EN2000-2021-SLI-1422 Event Code: 04EN2000-2021-E-03233 Project Name: Fleming Site July 10, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The 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 07/10/2021 Event Code: 04EN2000-2021-E-03233 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/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/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 atjohn—ellis@fws.gov. 07/10/2021 Event Code: 04EN2000-2021-E-03233 Attachment(s): • Official Species List 07/10/2021 Event Code: 04EN2000-2021-E-03233 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 07/10/2021 Event Code: 04EN2000-2021-E-03233 2 Project Summary Consultation Code: 04EN2000-2021-SLI-1422 Event Code: 04EN2000-2021-E-03233 Project Name: Fleming Site Project Type: DEVELOPMENT Project Description: Industrial Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.5399441,-78.37190107704674,14z iM1 i {.5. Counties: Johnston County, North Carolina 07/10/2021 Event Code: 04EN2000-2021-E-03233 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/528 07/10/2021 Event Code: 04EN2000-2021-E-03233 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Threatened available. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Yellow Lance Elliptio lanceolata Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/4511 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. .I it CE C) 4 F F- �. � "$ � .���_ `� "'fir•• - =' - 4 r m } Fr 14, rn rsithf ieid ep — + ' ����. � �t14 �. M1lafrl0•h1� �hr.r +Ty�' Y�v � _ r' r Sinitblield 4r LEGEND Site Boundary + 'Ail dUSGS Topographic Map Drawing 1 Approximate 252-Acre Tract USGS Topographic Map US Highway 70 Business Van Wyck, SC Quadrangle c ,�I Scale: 1" = 2 000' PILOT %"��� Smithfield, Johnston County, NC F,,OT E"v'"°�nMENTAL "C Pilot Project3571.2 Drawing 2{� ' USDA Web Soil Survey F of Johnston County, NC Scale: 1" = 600' p11o01 p I L 0 T E N V i R 9 N M E N T A L. i N C . LEGEND Site Boundary Web Soil Map Approximate 252-Acre Tract US Highway 70 Business Smithfield, Johnston County, NC Pilot Project 3571.2 iKL9:1 L i ' I .Py - 14, A� 3 Drawing 3 USFWS NWI Wetlands Mapper p p Scale: 1" = 600' P I L O T E N V I R 0 14 M E N T A L. I N C N '. / ' LEGEND Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater - Estuarine and Marine Freshwater Pond Lake Riverine Other NWI Map Approximate 252-Acre Tract US Highway 70 Business Smithfield, Johnston County, NC Pilot Project 3571.2 Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 600' # .'► P1w0 -- P 1 l 0 T ENV I RONM E N T A L. i N C 16- 4 M � .x, LEGEND Site Boundary 196.Annual Chance Floor) Hazard RRegulatory Fl000way Sped al Floodvay Area of Undetermined Flood Hazard . 0.29(.Annual Chance Flood Hazard 7 F lure Conditions 1 h/¢ Annual Chance FI ood Hazard Area with Reduced Risk Due to Levee FEMA FIRM Approximate 252-Acre Tract US Highway 70 Business Smithfield, Johnston County, NC Pilot Project 3571.2 WD 1-31 IF WEdAcresZ 0.38 t r LEGEND Site Boundary SE 380 LF, Perennial Stream Intermittent Stream WF 1-47 2.31 AC 50' Neuse Buffer Origination 35.538315,-78.371145 \ y WA 1-28 0.88 Acres WC 1-58 3.32 AC IPA 0.22 Ac s r WB 1-79 5.91 AC 50' Neuse Buffer Origination 35.535715,-78.36.8324 r t� SA 44+ 1,580 LF 1 Pond *.\t� OON , - Wetland 40bo- "" - DP-1 0 Data Point ' 4 i -IE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. CHRIS HOPPER WITH THE USACE AND MS. STEPHANIE GOSS PITH THE NCDEQ-DWR ON 2.2.21. THEY EXHIBIT INCLUDES GPS LOCATIONS OF DEPICTED FEATURES. Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 02.04.21 fPI !La1•D T E N V I R O h M F H 7 A L, I W L Wetland Map Approximate 252-Acre Tract US Highway 70 Business Smithfield, Johnston County, NC Pilot Project 3571.2 DocuSign Envelope ID: 8CC1F391-5F33-4502-B22C-C77A0368A46A ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Fleming Family Farm, LLC 1032 Branch Line Apex, NC 27502-2421 Louise & Oliver Fleming 1105 Baccarat Drive Columbus, OH 43228-9110 Joseph L Lee Jr. Trust Attn: Joseph L Lee III 201 Marlowe Road Raleigh, NC 27609-7019 NORTH CAROLINA Environmental Quality February 9, 2021 Subject: Buffer Determination Letter NBRRO 420-409 Johnston County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Proj ect Name: US Highway 70 Address/Location: US Highway 70 Business (Pin ID 168519-52-2147, 168500-73-3381, 168500-63-4559, 168520-70-9127, 168520-71-8516, 168520-80-2342 Stream(s): UT to Swift Creek Determination Date: February 2, 2021 Staff: Stephanie Goss Feature E/I/P(i) Not (2) Subject Subject Start @ Stop @ Soil Surve USGS To o SA X GPS: 35.538315, Flows into SB X -78.371145 SB X GPS: 35.535715, Off Property X X -78.368324 Pond 1 X X D Q 33 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH GAROLINA i n.o.rhmm v �mm.m..4i waty 919.791.4200 DocuSign Envelope ID: 8CC1F391-5F33-4502-B22C-C77A0368A46A US Highway 70 Johnston County February 3, 2021 Page 2 of 2 (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not beat least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. 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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919) 791-4256. Sincerely, DOCUSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy/Laserfiche Brad Luckey, Pilot Environmental, Inc. (via email) DocuSign Envelope ID: 8CC1 F391-5F33-4502-B22C-C77AO368A46A 20-409: US Highway 70, Johnston Co. . Nk �! • , sril� GoA NftQ i :' GSA N QB GoA rl ON K3 wl c48 GoA GtiA NcA -- NnE GoA f y -A Bh i tO •x i� COB ., Ly I Y � NoB NoP aA + SA: Subject "A NNGA NoD t1� � �� � �a NoB ww Tr NoB a Ra SB: Subject NasIH Cp8 GOA Na NuA C h ?� r _ Ria NcA u cSTATE Map provided by NCDEQ o "s Legend: Division of Water Resources s Locations are approximate -Approximate Site boundary: - x O and are provided for refer- ence only µp�4>•AL ¢0�6 y � ' DocuSign Envelope ID: 8CC1F391-5F33-4502-B22C-C77A0368A46A 20-409: US Highway 70, Johnston Co. Pond 1: Not Subject SA not depicted 5;' f•�I I on tap 1 f me r • 1 i 1 r .r • - r:L . r i y 79, SB: Subjectrun IRP +� e � • is c+� • M fir`ra'K r : x#i' .�' ~-• .:: �l, r r • ] ,•• ryl y - �� _LqCk •4r rlM+ar•N i*aA. + I -ti [ti.• �+ �� : •i . • r ...• - ��•mAtlryl t �r,rti� Ra* , G: ` $a3it�Iili�,ta r � i ass * LEGEND • I ~- f Site Boundary • tia- _ r i -���....L _fit^ Drawing 1 , y USGS Topographic Map f Approximate 252-Acre Tract USGS Topographic Map �,1 US Highway 70 Business Van wyck, SC Quadrangle l Smithfield JohnstonCounty, NC Scale: 1" = z,00a � PIL.�T � ty. Pilot Project3571.2 DocuSign Envelope ID: 8CC1F391-5F33-4502-B22C-C77A0368A46A WD 1-31 3.45 Acre: ■ ip WE 1-9 0.38 Acres 97-2 WF 1-47 2.31 Ac 'k 50'NeuseBuffer Origination �lr 35.538315,-78.371145 y • LEGEND f WC 1-58 3.32 Ac ■ IPA 0.22 Ac WB 1-79 5.91 Ac 50'NeuseBuffer Origination 35.535715,-78.36.8324 � M i r ' Site Boundary 1,580LF Perennial Stream Intermittent Stream Pond +►ti. •�Pot �� Wetland ` DP-1 0 Data Point = �" -IE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. CHRIS HOPPER WITH THE USACE AND MS. STEPHANIE GOSS WA 1-28 0.88 Acres JSA. H THE NCDEQ-DWR ON 2.2.21. THEY EXHIBIT INCLUDES GPS LOCATIONS OF DEPICTED FEATURES. Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 02.04.21 Wetland Map Approximate 252-Acre Tract US Highway 70 Business Smithfield, Johnston County, NC Pilot Project 3571.2 Docu5�"- ii S E C up E D Certificate Of Completion Envelope Id: 8CC1 F3915F334502B22CC77A0368A46A Status: Completed Subject: Please DocuSign: 20-409 USHWY70_Johnston.pdf Source Envelope: Document Pages: 5 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Stephanie Goss AutoNav: Enabled 217 W. Jones Street Envelopeld Stamping: Enabled Raleigh, NC 27699 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stephanie.Goss@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original Holder: Stephanie Goss Location: DocuSign 2/9/2021 5:59:21 AM Stephanie.Goss@ncdenr.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: North Carolina Department of Environmental Location: DocuSign Quality Signer Events Signature Timestamp Scott Vinson bySent: CDOCUSig"ed�u Ae+�' 2/9/2021 6:19:02 AM scott.vinson@ncdenr.gov Viewed: 2/9/2021 7:14:07 AM supery BCDAMe25NA46D Signed: 2/9/2021 7:14:54 AM North Carolina Department of Environmental Quality Freeform Signing Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style (None) Using IPAddress: 149.168.204.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/9/2021 6:19:02 AM Certified Delivered Security Checked 2/9/2021 7:14:07 AM Signing Complete Security Checked 2/9/2021 7:14:54 AM Completed Security Checked 2/9/2021 7:14:54 AM Payment Events Status Timestamps