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