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HomeMy WebLinkAbout20110497 Ver 5_ePCN Application_20210720DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20110497 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review la. Name of project: Southeast Investors Group la. Who is the Primary Contact?* Ted Ivey 1b. Primary Contact Email:* tivey@iscfgenetics.com Date Submitted 7/20/2021 Nearest Body of Water Ur to Stoney Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.363269-77.927142 A. Processing Information County (or Counties) where the project is located: Wayne Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 5 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Robert Tankard:eads\rbtankard 1c. Primary Contact Phone:* (919)270-7941 Is this a courtesy copy notification?* r Yes r No ID# 20110497 Pre -fling Meeting or Request Date 3/24/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document 20110497 Ver 5—Meeting Request Review_20210324.pdf File type mast be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit W Individual 401 Water Quality Certification Version 5 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: 6.51 MB r 401 Water Quality Certification - E>q)ress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Harry & Mollie, LLC 2b. Deed book and page no.: DB: 2811 DP: 413 and DB: 1800 DP: 187 2c. Contact Person: Ted Ivey r Yes r No r Yes r No 2d.Address Street Address 314 NC Highway 111 South Address tine 2 City Goldsboro Postal / Zip Code 27534 2e. Telephone Number: (919)270-7941 2g. Email Address:* tivey@lsrfgenetirs.com 4. Agent/Consultant (if applicable) 4a. Name: Kevin Martin 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address tine 2 city Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* kmartin@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) N/A 1c. Nearest municipality/ town: Goldsboro 2. Project Identification 2a. Property Identification Number: 3519905459 & 3528377810 2c. Project Address Street Address End of Gateway Drive Address tine 2 City Goldsboro Postal / Zip (ode 27534 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Stoney Creek 3b. Water Resources Classification of nearest receiving water:* C; NS W 3c. What river basin(s) is your project located in?* Neuse Slate / Province / Pagion NC Country USA 2f. Fax Number: State / Province / Rion NC Country USA 4e. Fax Number: (919)846-9467 2b. Property size: +/- 378.78 State / Province / Pegion NC Country USA 3d. Please provide the 12-digit HUC in which the project is located. 030202020102 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* Existing conditions onsite consists primarily of agricultural land with some forested land areas. Specifically, there are twenty (20) non -jurisdictional ditch features (1-20) and one (1) wetland feature (W1) located on property. There is one jurisdictional ditch feature located on the property, ditch 12. Please see attached wetland sketch map for exact locations of each feature. Land use in the vicinity of the project is mainly commercial, agricultural and forested land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 0.01 acres 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct commercial development (auto dealerships) necessary infrastructure 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of the construction of a commercial development and its necessary infrastructure including but not limited to; roadway infrastructure, SCM's, utilities, and commercial lots. Specifically, there is one (1) area of fill and/or relocation that impacts a ditch. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2015-02056 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kevin Martin Agency/Consultant Company: Soil & Environmental Consultants, PA Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR NCDWR: Site visit and field determination made by Chris Pullinger. Buffer Determination dated 12-31-20, 2015-1036 v2. USACE: Site visit and field determination made by Samantha Dailey JD dated 2-12-21. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 6b. If yes, explain. This current phase is approximately 26.227 acres and is for the proposed commercial developments adjacent to a highway 70 service road. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? there are no jurisdictional voters or excluded/isolated waters or wetlands within potential future phases, therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands r Streams -tributaries ❑ Buffers rJ Open Waters r Pond Construction 4. Open Water Impacts 4a. Site # 4af. Impact Reason 4b. Impact type _114c. Name of waterbody 4d. Activity type �114e. Waterbody type 4f. Impact area Impact 1 Other P Ditch 12 Fill Ditch 0.21 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.21 4g. Total open water impacts: 0.21 4h. Comments: The impact is actually to a ditch and not an open water butthe PCN form does not allow such a category to be named on teh form so open waters was used E. Impact Justification and Mitigation v 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The ditch being relocated is 8967 sgft, and the relocated ditch will be 7874 sqft so only 1093 sgft (0.025ac) less (see attached impact map, green shaded area on page one is the jurisdictional ditch, on page 2 blue area is open relocated ditch, pink is piped part of relocated ditch for road access, note that the relocated ditch ties into an existing non -jurisdictional ditch ). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: An erosion control plan will be prepared for the proposed project and will include silt fences as well as skimmer sediment basins. The relocated ditch will remain "open" except where necessary to provide road access to minimize loss of open ditch area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: There are no proposed permanent stream or wetland impacts. Impacts to ditches do not require mitigation F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: There are no features subject to the riparian buffer rules within the project area or immediatley adjacent to it even though teh project lies within the Neuse River Basin, see attached DWR buffer letter. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NiA- project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs W Phase II W NSW r USMP r' Water Supply Please identify which local government stormwater program you are using. City of Goldsboro Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federalistate) land? * r Yes r No 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), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The Southeast Investors Group project is a commercial development. Additionally, the project is located within the town of Goldsboro ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 4b. 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. Discharge wastewater will be generated and be collected by a City of Goldsboro sanitary sewer line. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and within 1-mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within or within 1-mile of the project boundaries. References: NC Natural Heritage Program. 2021. Geographic Information System (GIS) data. NCDNCR, Raleigh, NC. Available at http://www.ncnhp.org/. (Accessed: June 29, 2021). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on June 29, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures epst within the property boundaries. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach docunenl PCN Attachments —Southeast Investors Group.pdf 8.41 MB File mist be r1JF a Kv2 Comments Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • 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 have given true, accurate, and complete information on this form; • I agree 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"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Kevin C Martin Signature Date 7/20/2021 TABLE OF CONTENTS PRE -FILING APPLICATION FORM...................................................................................... PAGES 2-3 PROPERTY OWNER/AGENT AUTHORIZATION................................................................... PAGE 4 USGS................................................................................................................................................. PAGE 5 SOILSURVEY................................................................................................................................. PAGE 6 BUFFER DETERMINATION................................................................................................. PAGES 7-10 JURISDICTIONAL DETERMINATION.............................................................................PAGES 11-24 IMPACTMAPS...................................................................................................................... PAGES 25-26 SITE PHOTOGRAPHS................................................................................................................. PAGE 27 ID#* 20110497 Version* 5 Regional Office* Washington Regional Office - (252) 946-6481 Reviewer List* Chris Pullinger Pre -Filing Meeting Request submitted 3/24/2021 Contact Name * Kevin Martin Contact Email Address* kmartin@sandec.com Project Name* Southeast Investors Group/Wayne Co. Industrial Park Project Owner* Harry & Mollie, LLC (Attn: Ted Ivey) Project County* Wayne Owner Address: Street Address 314 NC Hwy 111 South Address Line 2 aty State / Rovince / Pbegion Goldsboro NC Fbstal / Zip Code Country 27534 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express r Individual Permit r Modification F Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* 2011-0497 versions 1-4, 2015-1036 versions 1-2 Do you know the name of the staff member you would like to request a meeting with? Megan Stilley (really Chris Pullinger?) Please give a brief project description below.* The purpose of this project is to construct a commercial development including but not limited to, roadway infrastructure, utilities, commercial structures and SCMs. This project also involves the fill and relocation of a ditch. This project is located at East US 70 Hwy, at the end of Gateway Drive in Goldsboro, NC and is approximately 186 acres. Existing conditions consists primarily of wooded and agricultural land along with multiple ditches and one wetland feature. Please give a couple of dates you are available for a meeting. 3/25/2021 3/26/2021 3/29/2021 3/30/2021 3/31 /2021 Please attach the documentation you would like to have the meeting about. 180072 B-Layout2.pdf 757.34KB 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. I 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 Submittal Date 3/24/2021 Reviewer Meeting Request Decision Has a meeting been scheduled?* C Yes (-- No Comment for Email: Soil & Environmental Consultants, PA 8 412 Falls of Neese load, Suite 104, Raleigh, NC 27015 Phone. (919) 840-5900 • Fax: (919) 8 46-9467 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Harry & Mollie and Southeast Investors Group Tracts S&EC Project # 12618 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Samantha Dailey Field Office: Raleigh I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. s I bject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of th Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): Site Address: City, County, State: _3519905459 & 3528377810 End of Gate Dr. _Goldsboro, Wayne, NC PROPERTY OWNER INFORMATION: Harry & Mollie LLC & Southeast Investors Group LLC Address: 314 NC- Hwy 111 South, Goldsboro, NC 27534 (please print Property Owner Signature AtV�y cam We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. V)'-� / q vi J D 7 17 70 E12] 2 7 70 C-7 T. E95 Ti� Carolina n Ce Project Number: 12618.W6 Map Title: 0 1,500 3,000 N Project Manager: Figure 1 - USGS Map I I I I I I I I I KM Wayne Co. Industrial Park Feet Scale: Wayne County, NC A Date: 1 1500' • Source: 2019 USGS Soil A Environmental Consultants, PA NC 2�15 - Pb- (919) 346--WW - Fm: (919) 10/26/2020 Southeast Goldsboro, NC Quad ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Southeast Investors Group, LLC & Harry and Mollie, LLC ATTN: Ted Ivey 229 NC HWY 111 South Goldsboro, North Carolina 27534 NORTH CAROLINA Environmental Quality December 31, 2020 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/ Project Name: Southeast Investors Group, LLC and Harry and Mollie, LLC tracts Address/Location: Gateway Drive, Goldsboro, North Carolina Stream(s) Evaluated: (1) — UT to UT 23 to Stony Creek, Class C, NSW; Stream Index 27-62ut23; Neuse River Basin Determination Date: October 19, 2020 Staff: Chris Pullinger 2015-1036 v2 Wayne County Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B .0714) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0734) ❑ Catawba (15A NCAC 02B .0614) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0724) ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 2015-1036 v2 (03) ditch X 2015-1036 v2 (03) Start 2015-1036 v2 (03) Finish X 2015-1036 v2 (413) ditch X 2015-1036 v2 (03) Finish 2015-1036 v2 (4B) Finish X 2015-1036 v2 (08) ditch X 2015-1036 v2 (08) Start 2015-1036 v2 (08) Finish X 2015-1036 v2 (10) ditch X 2015-1036 v2 (10) Start 2015-1036 v2 (10) Finish X 2015-1036 v2 (12) ditch X 2015-1036 v2 (10) Finish 2015-1036 v2 (12) Finish X X 2015-1036 v2 (16) ditch X 2015-1036 v2 (16) Start 2015-1036 v2 (12) Finish X 2015-1036 v2 (1 )) ditch X 2015-1036 v2 (17) Start 2015-1036 v2 (17) Finish X X 2015-1036 v2 (18) ditch X 2015-1036 v2 (18) Start 2015-1036 v2 (18) Finish X 2015-1036 v2 (19) ditch X 2015-1036 v2 (19) Start 2015-1036 v2 (19) Finish X *E/1/P = Ephemeral/Intermittent/Perennial Dear Mr. Ivey, The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on page 14 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent copy of the NE Goldsboro USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. 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) calendar days of date of this letter to the Director in writing. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NoarH cnaouNn � 252.946.6481 oePan_M of environments] aua]\ /� 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.): c% Paul Wojoski DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884 Ext. 22. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918. Sincerely, R0" Tow." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Ted Ivey, Southeast Investors Group, LLC & Harry and Mollie, LLC (via e-mail: Tivev@iscfgenetics.com) Kevin Martin, Soil and Environmentla Consultants, PA (via e-mail: kmartin@sandec.com)) Samantha Dailey, USACE Raleigh Field Regulatory Office (via e-mail) Randall Jones, WaRO DEMLR (via e-mail) north CMURM nww"Mertd Management CANmLcmca FbrNEIJSE 20 P"AwW DVVR Prcject#2015-1036 v2 7D 17 20 16 Byp -a!L 70 B 03 12 ' 41 L 70� '7 .& 2TJ E95 Ti� Carolina n veterans "0. Project Number: 12618.W6 Map Title: 0 1,500 3,000 N Figure 1 - USGS Map Project Manager: I I I I I I I I I KM Wayne Co. Industrial Park Feet Scale: Wayne County, NC 1 = 1500' • Source: 2019 USGS Soil A Environmental Consultants, PA Date.E412 F.1k A N— R—L S.n, M P.W&J, NC 2� 15 - Pb—: (919) 346--WW - F—(919) R46� 10/26/2020 Southeast Goldsboro, NC Quad —Lk,.— U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-02056 County: WAYNE U.S.G.S. Quad: NC — SOUTHEAST GOLDSBORO NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: Harry and Mollie, LLC Southeast Investors Group, LLC Address: 314 NC Hwy III South Goldsboro, North Carolina 27534 Authorized Agent: Soil & Environmental Consultants, PA Mr. Kevin Martin Address: 8412 Falls of Neuse Road, Suite 104 Ralei!h, North Carolina 27615 Size (acres) — 398 Nearest Waterway Stony Creek USGS HUC 03020202 Nearest Town Goldsboro River Basin Neuse Coordinates Latitude:35.359874 Longitude:-77.917605 Location description: The project area is identified as an approximate 398-acre tract of land, located on Wayne County, North Carolina parcels 3519905459 and 3528377810. These parcels are located near the end of Gateway Drive, in Goldsboro, Wayne County. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2015-02056 There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Dailevnusace.armv.mil. C. Basis For Determination: Refer to the enclosed Navigable Waters Protection Rule Approved JD Form (Interim) and Preliminary JD Form, dated February 12, 2021, and the Sketch Map dated 1/27/2021 for a detailed summary of the project area. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin SAW-2015-02056 Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by April 13, 2021. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date: February 12, 2021 Expiration Date: February 12, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp://corpsmEu.usace.army.mil/cm_apex/Pp=136:4:0. SAW-2015-02056 NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Harry and Mollie, LLC File Number: SAW-2015-02056 Date: February 12, 2021 Southeast Investors Group, LLC Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2015-02056 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: is If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Raleigh Regulatory Field Office ADMINISTRATIVE APPEAL REVIEW OFFICER Attn: Samantha Dailey CESAD-PDS-O 3331 Heritage Trade Drive, Suite 105 60 FORSYTH STREET SOUTHWEST, FLOOR M9 Wake Forest, North Carolina 27587 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Samantha Dailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): February 12,2021 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Property Owner: Harry and Mollie, LLC Southeast Investors Group, LLC Address: 314 NC Hwy 111 South Goldsboro, North Carolina 27534 Authorized Agent: Soil & Environmental Consultants, PA Mr. Kevin Martin Address: 8412 Falls of Neuse Road. Suite 104 Raleigh, North Carolina 27615 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Harry and Molly, LLC & Southeast Investors, LLC, Wayne County, SAW-2015-02056 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is identified as an approximate 398-acre tract of land, located on Wayne County, North Carolina parcels 3519905459 and 3528377810. These parcels are located near the end of Gateway Drive, in Goldsboro, Wayne County. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wayne City: Goldsboro Center coordinates of site (lat/long in degree decimal format): Lat. 35.359874°N, Long.-77.917605' W. Universal Transverse Mercator: Name of nearest water body: Stony Creek (Meuse River 03020202) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ® Office (Desk) Determination. Date: February 12, 2021 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Estimated Amount of Geographic Aquatic Resources in Type of aquatic authority to which Site Number Latitude (°N) Latitude (°W) Review Area resource (Le. the aquatic resource wetland vs. non- "may be" subject wetland) (i.e. Section 404 or Linear Feet Acres Section 10/404) W 1 35.361244 -77.923883 N/A <0.01 Wetland Section 404 Ditch 12 35.362384 -77.926098 N/A 0.207 Non -Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWT) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be " waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: S&EC submitted a Jurisdictional Determination Report to our office on February 4, 2021. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:241C, NC -Southeast Goldsboro ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: February 2021 ® National wetlands inventory map(s). Cite name: SAW Regulatory Viewer: February 2021 ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): . or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ,�Ya4,N �� Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) i Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 2/12/2021 ORM Number: SAW-2015-02056 Associated JDs: preliminary JD issued September 29, 2015. JD did not address the excluded ditches. Review Area Location': State/Territory: North Carolina City: Goldsboro County/Parish/Borough: Wayne Center Coordinates of Review Area: Latitude 35.359874 Longitude-77.917605 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. ❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rational, ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section 11.13). ❑ There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). 0 There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A. N/A I N// N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 a 1 Name a 1 Size a 1 Criteria Rationale fora 1 Determination Tributaries a 2 waters): a 2 Name a 2 Size a 2 Criteria Rationale fora 2 Determination N/A N/A II/v N/A. N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): a 3 Name a 3 Size a 3 Criteria Rationale fora 3 Determination N/A. N/A. I N/, N/A. N/A. Adjacent wetlands ((a)(4) waters): a 4 Name a 4 Size a 4 Criteria Rationale fora 4 Determination N/A. N/A I N/A. Map(s)/figure(s) are attached to the AJD provided to the requestor 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand- alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 1 of 6 Form Version 29 July 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM i APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) { NAVIGABLE WATERS PROTECTION RULE D. Excluded Waters or Features Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Ditch 1 0.052 acre(s) (b)(5) Ditch that is Ditch 1 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 1 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 2 0.045 acre(s) (b)(5) Ditch that is Ditch 2 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 2 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 3 0.068 acre(s) (b)(5) Ditch that is Ditch 3 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 3 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 4A 0.061 acre(s) (b)(5) Ditch that is Ditch 4A is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 4A constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 4B 0.128 acre(s) (b)(5) Ditch that is Ditch 4B is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 6 Form Version 29 July 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 4B constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 5 0.118 acre(s) (b)(5) Ditch that is Ditch 5 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 5 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 6 0.138 acre(s) (b)(5) Ditch that is Ditch 6 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 6 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 7 0.145 acre(s) (b)(5) Ditch that is Ditch 7 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 7 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 8 0.086 acre(s) (b)(5) Ditch that is Ditch 8 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 8 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Page 3 of 6 Form Version 29 July 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Ditc ).143 acre(s) (b)(5) Ditch that is Ditch 9 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 9 was constructed in an constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 10 0.103 acre(s) (b)(5) Ditch that is Ditch 10 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 10 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of (c)(1). Ditch 11 0.252 acre(s) (b)(5) Ditch that is Ditch 11 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 11 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 13 0.333 acre(s) (b)(5) Ditch that is Ditch 13 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 13 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 14 0.117 acre(s) (b)(5) Ditch that is Ditch 14 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 14 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the Page 4 of 6 Form Version 29 July 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination conditions of c 1. Ditch 15 ).208 acre(s) (b)(5) Ditch that is Ditch 15 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 15 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 16 0.22 acre(s) (b)(5) Ditch that is Ditch 16 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 16 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 17 0.004 acre(s) (b)(5) Ditch that is Ditch 17 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 17 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 19 0.045 acre(s) (b)(5) Ditch that is Ditch 19 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 19 constructed in an was constructed in an (a)(4) water. (a)(4) water that do not satisfy the conditions of c 1. Ditch 20 0.038 acre(s) (b)(5) Ditch that is Ditch 20 is not an (a)(1) or (a)(2) water and does not an (a)(1) or not convey any jurisdictional features. Further, (a)(2) water, and soils in the ditch and in the upland areas around those portions of the ditch did not exhibit hydric soil components. a ditch There is no evidence to support that Ditch 20 constructed in an was constructed in an (a)(4) water. Page 5 of 6 Form Version 29 July 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination (a)(4) water that do not satisfy the conditions of (c)(1). III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. ❑ Information submitted by, or on behalf of, the applicant/consultant: S&EC submitted a Jurisdictional Determination Report to our office on February 4, 2021 This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). ❑x Photographs: Aerial: Google Earth ❑ Corps site visit(s) conducted on: Date(s). ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. ❑x USDA NRCS Soil Survey: Wayne County, GIS Soils Data, SAW Regulatory Viewer ❑x USFWS NWI maps: USFWS NWI Mapper ❑x USGS topographic maps: USGS 1:24K — NC Southeast Goldsboro Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources SAW Regulatory Viewer / February 2021 State/Local/Tribal Sources N/A. Other Sources N/A. B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used to support the conclusions in the AJD. C. Additional comments to support AJD: Refer to the enclosed Sketch Map dated 1/27/2021, for a detailed summary of the parcel boundary. Page 6 of 6 Form Version 29 July 2020_updated rb��b�p �400 dw s.z�wd���s a� c:aadmbm� w Bw La ��asm b f In z 4 fi 00 0 �C• N a:.. tt 0 w 000 � O 0 LL CD LL (: C a3 a> a3 ! 7 Pb Tsa�ay-YsO ,...6Fu .r ?� J O 0 d adIn ..x y', 1'Go 24 0 0 Z h l�� a cD z NONOM o 3 a3 W X--3 lII o HJ1 "1VNOI10105121f1f—NON ONLLS_x3 = _ _ _ _ \. 11 ~ � N�iia—irNai asia oN � 3 W � LLJ C� nd.ti�41 c�� Co =<O 0 z 0 F- O wCL U } n o w < z I � z .0 ^m < z m Q z vi N I U Z — 1N3W35V3 ;,NtldW00— ,HOfl d ?3IrMOd VNI"IObVO ,oS moo I III III � III III � Q O A� Ni1CN w _ > 0 NNN,�NRiSDICZIONAL— EXISIING� � � w O O OF J o1"�B 1,3.35V3 3NIl 321n,1 - _ _ _ _ _ O z (A U 11 111 •�....�.�Y�.�. 133NIS 323ninj (M/8 ,09) z z o Q „ a Q _ 3 z Z N —19 30115 0 13N19VO 1Vld w w >rm tl 1�V211 30Vd H000 0330 I1n 11 Z — tbZ 83d 0 u213d Z E ? apNl `s,r 3atfHi 3Hi o. wCD / Z zz / J ZS o D vi LS z / Z a. 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Industrial Park Project Owner* Harry & Mollie, LLC (Attn: Ted Ivey) Project County* Wayne Owner Address: Street Address 314 NC Hwy 111 South Address Line 2 aty State / Rovince / Pbegion Goldsboro NC Fbstal / Zip Code Country 27534 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express r Individual Permit r Modification F Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* 2011-0497 versions 1-4, 2015-1036 versions 1-2 Do you know the name of the staff member you would like to request a meeting with? Megan Stilley (really Chris Pullinger?) Please give a brief project description below.* The purpose of this project is to construct a commercial development including but not limited to, roadway infrastructure, utilities, commercial structures and SCMs. This project also involves the fill and relocation of a ditch. This project is located at East US 70 Hwy, at the end of Gateway Drive in Goldsboro, NC and is approximately 186 acres. Existing conditions consists primarily of wooded and agricultural land along with multiple ditches and one wetland feature. Please give a couple of dates you are available for a meeting. 3/25/2021 3/26/2021 3/29/2021 3/30/2021 3/31 /2021 Please attach the documentation you would like to have the meeting about. 180072 B-Layout2.pdf 757.34KB 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. I 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 Submittal Date 3/24/2021 Reviewer Meeting Request Decision Has a meeting been scheduled?* C Yes (-- No Comment for Email: \ i \ \ d 9E 10 \\ p W = =W a y \ \ �� i' OEE Z ,� W O \lk z 3IF" N3M3sY33W15Y'J ng