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.
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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)
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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
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Site Photographs
Ditch 12, facing east
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:
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