20211304 Ver 1_ePCN Application_20210830

DWR
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
20211304
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
'Information for Initial Review
la. Name of project:
Stormwater Pipe Replacement Project
la. Who is the Primary Contact?*
Jonathan Herman
1b. Primary Contact Email:*
[e-mail]
Date Submitted
8/30/2021
Nearest Body of Water
Town Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
Latitude:
Longitude:
35.6681
-81.2191
A. Processing Information
County (or Counties) where the project is located:
Catawba
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
r Yes r No

ID#
Version
Pre -fling Meeting or Request Date
7/28/2021
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
File type rtust be FCF
1a. Type(s) of approval sought from the Corps:
W 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
IT 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: 03 - Maintenance
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
49.53KB
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes IT 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 IT No
B. ADDlicant 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:
City of Newton
2b. Deed book and page no.:
0084/0099 & 0555/0121;1359/0732 & 2781/0352 (temporary construction easements only)
2c.Contact Person:
r Yes r No
r Yes r No

Todd Clark - City Manager
2d.Address
Street Address
401 North Main Avenue
Address tine 2
City
Newton
Postal / Zip Code
28658
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jonathan Herman
4b. Business Name:
McGill Associates, P.A.
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Slate / Province / Rbgion
North Carolina
Country
United States
2f. Fax Number:
State / Province / Rdegion
North Carolina
Country
United States
4e. Fax Number:
1c. Nearest municipality/ town:
Newton, North Carolina
2. Project Identification
2a. Property Identification Number:
374009058377 & 374009058614;
374009150715 & 374009057977 (temporary
2b. Property size:
construction easements only)
1.27
2c. Project Address
Street Address
202 East 5th Street & 204 East 5th Street; 624 N Caldwell Avenue & 201 East 8th Street (temporary construction easements only)
Address Une 2
City
State / Province / Region
Newton
North Carolina
Postal / Zip Code
Country
28601
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Town Creek
3b. Water Resources Classification of nearest receiving water:*
C
U

3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020302
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Stormwater Pipe Replacement project site is located just off East Fifth Street and North Caldwell Avenue in the City of Newton. The property is currently a gated lot that is mostly
undeveloped land used as a construction material storage site. Dual 30-inch CMP pipes cross the site from north to south carrying flow from a potentially jurisdictional stream channel
(S1) located at the north end of the site. A sinkhole has formed in the middle of the site above the culverts presumably due to culvert failure. A portion of the eastern bank of stream S1
is severely eroded just upstream of the pipe inlet.
A railroad is nearby that runs alongside the area parallel to N. Caldwell Avenue and intersects E. Fifth Street. Land uses in the vicinity of the project include single-family residential,
industrial, and commercial. The Pentecostal House Church is adjacent to the project site.
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:
4g. List the total estimated linear feet of all existing streams on the property:
56
4h. Explain the purpose of the proposed project:*
The proposed project involves the replacement of the damaged dual 30-inch CMP pipes with a 60-inch RCP stormwater pipe and stabilization of approximately 56 linear feet of stream
channel. The purpose of both of these activities is to prevent further erosion and sediment releases into the stream. The pipe replacement will also address safety concerns with
equipment and vehicular access in the vicinity of the sinkhole.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project consists of replacing the damaged dual 30-inch CMP pipes with approximately 520 linear feet of 60-inch RCP stormwater pipe. The proposed pipe will be
countersunk 12" belowstream bed to allowfor the passage of aquatic organisms during low flow conditions and will be installed in alignment with the stream channel (see Culvert -
Counter Sink Typical - Sheet C-502).
The project will also stabilize an eroded stream bank (see Impacts Map in Appendix 5 in the Miscellaneous Section) resulting in approximately 56 L.F. of temporary impacts (Impact S1).
Stream banks will be stabilized using fully biodegradable matting, live stakes and native seed mix (see Live Stake & Core Mat Installation - Sheet C-502). Silt fencing shall be used to
minimize erosion impacts to the stream (see Silt Fence - Sheet C-501). All work in the stream shall be performed during dry conditions. If the stream is flowing, the contractor shall
provide adequate pump - around or diversion to keep the work area dry (see Temporary Stream Bypass - Sheet C-501.
No indirect impacts are anticipated for the proposed project. Typical equipment to be used may include track hoes, back hoes, skid steers, dump trucks, excavators and dozers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
See attached PJD in Appendix 1 in the Miscellaneous Section.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Matt Oetting
Agency/Consultant Company: McGill Associates, P.A.
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Unknown
r Yes r No
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 projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction

3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
Stabilization 51
Streambank Tem ora Stabilization UT-1 To Town Creek Intermittent Both 6 56 P rY Average (feet) (linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 56
3i. Total stream and ditch impacts:
56
3j. Comments:
See attached Impacts Map in Appendix 5 in the Miscellaneous Section.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed channel alignment and bank slopes were designed to mimic a natural stabilize stream. Disturbed stream banks will be stabilized using
fully biodegradable matting, live stakes and native seed mix. Stream culverts shall be installed such that the pipe invert is at least 12" below the natural
stream bed and in alignment with the stream channel.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing shall be used to minimize erosion impacts to streams. All work in the stream shall be performed during dry conditions. If the stream is
flowing, the contractor shall provide adequate pump around or diversion to keep the work area dry. Inlet protection is proposed at all catch basins.
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:
The proposed project work does not exceed any of the thresholds required for compensatory 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:
UT-1 To Town Creek does not fall under the 15A NCAC 02B .0243 Catawba Buffer Rules.
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
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 (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAtSEPA)?*
r Yes r No

Comments:*
The proposed project is funded by the City of Newton.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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 f• 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.
No additional development is anticipated as a result of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
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 f• No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ecos.fws.gov/ipac/
View IPAC Consultation Package in Appendix 3 in the Miscellaneous Section.
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?*
https://vmw.habitat.noaa.gov/apps/efhmpper/
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?*
http://gis.ncdcr.gov/hpovveb/
The project is near the 'North Main Avenue Historic District' as depicted on the NCSHPO Map in Appendix in the Miscellaneous Section. Since the
project work involves replacement of an ebsting culvert and minor bank stabilization of a channel it is anticipated the project would have no effect on
the nearby historic district.
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?*
https://mse.fema.gov
Miscellaneous
u
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.
dick the upload button or drag and drop files here to attach docurrent
Appendices.pdf 15.9MB
File mist be r1JF a IQv2
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:
Jonathan M. Herman
Signature
Ii�a<rt�irr�
Date
8/30/2021

APPENDICES
1. Preliminary Jurisdictional Determination
2. Plans Set
3. IPAC Consultation Package
4. NCSHPO Map
5. Impacts Map

APPENDIX 1
Preliminary Jurisdictional Determination

rA Shaping Communities Together
meJ ill
July 30, 2021
Krysta Stygar
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 288014-5006
RE: Stormwater Pipe Replacement Public Works Facility
Jurisdictional Determination
Newton, North Carolina
Dear Krysta:
This letter is to request confirmation of a Preliminary Jurisdictional Determination on the
referenced site. The request is based on data, site observations, and a site visit on May
18, 2021. We are requesting confirmation of the jurisdictional limits of S1 (UT-1 To Town
Creek). The location of S1 is shown and labeled on the attached Delineation Map.
Included in this letter are the following:
• Agent Authorization Form
• PJD Request Forms
• Location Map
• USGS Topographic Map
• Delineation Map
• Photo Sheet
• Soils Map
• Stream ID Sheet
Please include McGill Associates on the copy list of all correspondence for this project.
If you have any questions regarding this information, please contact me at 828-328-2024.
Sincerely,
MCGILL ASSOCIATES, PA
JON SWAIM
Project Manager / Environmental Services
P:\2020\20.01138-NewtonNC-StormWaterDrainagePipeReplaceme
MCGILL ASSOCIATES 1240 19`h STREET LANE NW. HICKORY. NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

mcglif
AGENT AUTHORIZATION FORM
Shaping Communities Together
PROJECT NAME: City of Newton — Public Works Facility Storm Water Pipe Replacement
PROPERTY LEGAL DESCRIPTION: DB/PG: 0084/0099 & 0555/0121;
1359/0732 & 2781/0352 (temporary construction easements only)
PARCEL ID. 374009058377 & 374009058614;
374009150715 & 374009057977 (temporary construction easements only)
STREET ADDRESS: 202 East 5th Street & 204 East 5th Street;
624 N Caldwell Avenue & 201 East 8th Street (temporary construction easements only)
Please Print
Property Owner/Easement Holder and/or Representative:
Todd Clair
(If Representative) Title: ____CM ana er
The undersigned, registered property owner and easement holder of the above noted property and
easements, do hereby authorize:
Jon Swaim & Jonathan Herman, of McGill Associates P.A.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
401 North Main Avenue
Newton, North Carolina 28658
Telephone: _828-695-4259
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowleA. ,f ,r i . /% /
Authorized Signature
Date:
MCGILL ASSOCIATES 1240 19th STREET LANE NW, HICKORY, NC 28601 / 828,328.2024 / MCGILLASSOCIATES.COM

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
ZEast 5th Street & 204 East 5th Street; 624 N Caldwell Avenue & 201 East 8th Street
Street Address: Pprary construction easements only)
City, State:
County:
Newton, North Carolina
Catawba
374009058377 & 374009058614;374009150715 &
Parcel Index Number(s) (PIN): 374009057977 (temporary construction easements only)
B. REQUESTOR INFORMATION
Name: Jonathan Herman
Mailing Address: 1240 19th Street Lane NW
Hickory, NC 28601
Telephone Number: 828-328-2024
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultants
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION2
Name: City of Newton - Todd Clark (City Manager)
Mailing Address: 401 North Main Avenue
Telephone Number:
Electronic Mail Address
Newton, North Carolina 28658
828-695-4259
[e-mail]
t Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION'A
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Jonathan Herman
Print Name
ty: ❑ Owner 54 Authorized Agents
IK
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
0✓ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
H
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
$ Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
0 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 1.27 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: 35.6681
Longitude:-81.2191
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
F] Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
F4 Vicinity Map
Aerial Photograph
F4 USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑✓ NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Stormwater Pipe Replacement Public Works Facility
2. Work Type: ❑Private ❑Institutional ❑✓ Government ❑ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
The City of Newton Stormwater Pipe Replacement project consists of replacing dual 30-inch CMP pipes with a 60-inch RCP stormwater pipe for the city's Public Works
facility. The proposed project will be located just offEast Fifth Street and North Caldwell Avenue in the City of Newton. The project will require approximately 1.20
acres of land to be disturbed. Erosion control measures will be installed prior to work progressing. The project is located in Catawba County.
4. Property Owner / Applicant [PCN Form A3 or A4]: City of Newton - Todd Clark (city Manager)
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Jonathan Herman, McGill Associates, P.A.
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
35.6681,-81.2191
401 North Main Avenue, Newton, North Carolina 28658
8. Project Location — Tax Parcel ID [PCN Form B I a]: 374009058377 & 374009058614; 374009150715 & 374009057977 (temporary construction easements only)
9. Project Location — County [PCN Form A2b]: Catawba
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Newton, NC
11. Project Information —Nearest Waterbody [PCN Form 132a]: Town Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050102
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 9
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 7/30/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: ion Swaim, McGill Associates P.A.,124019thStreet Lane NW Hickory,NC28601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Catawba City: Newton
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.6681 Long.:-81.2191
Universal Transverse Mercator: 480170.61,3947159.02 , 17S
Name of nearest waterbody: Town Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑■ Office (Desk) Determination. Date: 5/17/2021
❑■ Field Determination. Date(s): 5/18/2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
S1 k )
r Townn Creek)
35.6681
-81.2191
(0.005 Acres)
Non -Wetland Waters
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 (NWP) 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 PJD (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:
Map:Location, Soil, USGS, Delineation
❑ 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. Rationale:
❑ 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: Newton, NC 1=1,000'
0 Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
❑■ Photographs: ❑■ Aerial (Name & Date):
or ■❑ Other (Name & Date):
1 /1 /2018
5/18/2021
(National Geodetic Vertical Datum of 1929)
❑ 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.
Signature and date of
Regulatory staff member
completing PJD
Sin ture and date of
person r0tluesting PJD
(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.

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DATE
s oRU&AT ER PIPE REPLACEMENT
FIGURE
7/28 m®
PUBLIC WORKS FACILITY
PROJECT #
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1210 1111 ,reel Lane NI
Hickory, NC 28601
CITY O F NEWTON
LOCATION MAPmCg
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GRAPHIC SCALE
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FEET
DATE
STORMWATER PIPE REPLACEMENT
FIGURE
7/28/2021
PUBLIC WORKS FACILITY
19th Street Lane NW
Hick
Hickory, NC 28601
e2e.s2e.2o24
PROJECT #
20.01138
CITY
0
F
NEWTON
USGS MAP
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NC Finn License#C-0459
PROJECT MANAGER
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mcgillassociates.com
MO
CATAWBA COUNTY, NORTH CAROLINA

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Existing
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Stream Limits ti
DATE
7/28/2021
124.IM Street Lane NW
PROJECT #
mcg
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Hickory, NC 28801
828.328.2024
20.01138
NC Finn License#C-0459
PROJECT MANAGER
mcgillassociates.com
MO
0.005
Acres
Potential Non -Wetland
Waters of the US - S1
(UT-1 To Town Creek)
Stream Table
S1 (UT-1 To
Town Creek)
r
(2) 24" RCP
111 �24"CP Dueole
JURISDICTIONAL STREAM IDENTIFIED ON THIS MAP
HAVE BEEN LOCATED WITHIN SUB —METER
ACCURACY UTILIZING AN ARROW 100 GLOBAL
POSITIONING SYSTEM (GPS) AND THE SUBSEQUENT
DIFFERENTIAL CORRECTION OF THAT DATA. GPS
POINTS MAY DEMONSTRATE UNCORRECTABLE
ERRORS DUE TO TOPOGRAPHY, VEGETATIVE COVER,
AND/OR MULTIPATH SIGNAL ERROR.
NOTE: THE ILLUSTRATED STREAM LOCATIONS ARE
APPROXIMATE. THESE AREAS HAVE NOT BEEN
FLAGGED IN THE FIELD AND HAVE NOT BEEN
SURVEYED. ALTHOUGH MCGILL ASSOCIATES, P.A.
(MCGILL) IS CONFIDENT IN OUR ASSESSMENT, THE
US ARMY CORPS OF ENGINEERS IS THE ONLY
AGENCY THAT CAN MAKE FINAL DECISIONS
REGARDING JURISDICTIONAL WETLAND AND WATERS
OF THE US DELINEATIONS.
THIS MAP WAS PREPARED BY MCGILL USING THE
BEST INFORMATION AVAILABLE TO MCGILL AT THE
TIME OF PRODUCTION. THIS MAP IS FOR
-INFORMATIONAL PURPOSES ONLY AND SHOULD NOT
BE USED TO DETERMINE PRECISE BOUNDARIES,
ROADWAYS, PROPERTY BOUNDARY LINES, NOR
LEGAL DESCRIPTIONS. THIS MAP SHALL NOT BE
CONSTRUED TO BE AN OFFICIAL SURVEY OF ANY
DATA DEPICTED.
SOURCE DATA: CATAWBA COUNTY GIs.
70 0 35 70 140
GRAPHIC SCALE DIVISION VALUE = 70 FEET
STORMWATER PIPE REPLACEMENT FIGURE
PUBLIC WORKS FACILITY
CITY OF NEWTON DELINEATION MAP
CATAWBA COUNTY, NORTH CAROLINA

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Photo One: View looking upstream at S1 and
failing stream banks.
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Photo Three: View looking at the sink hole
where existing culverts were recently
removed.
Photo Two: View looking south at the outlet
end of S1.
DATE
7/28/2021
STORMWATER PIPE REPLACEMENT
PUBLIC WORKS FACILITY
SHEET
'
Street Lane NW
Hickory,.32820 28601
e2e.s2e.2o24
PROJECT #
20.01138
CITY
0
F
NEWTON
PHOTOSHEET
1
NC Finn License#C-0459
PROJECT MANAGER
mcgillassociates.com
MO
CATAWBA COUNTY, NORTH CAROLINA

Soil Map —Catawba County, North Carolina
(Project Area)
o o
480100 480120 480140 480160 480180 480200 480220 480240
35o 40' 8" N I I I I I I 35o 40' 8" N
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En
Map Scale: 1:1,050 if printed on A portrait (8.5" x 11") sheet. -
Meters o
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Feet
0 50 100 200 ?00
Map projection: Web Mercator Conermordinates: WGS84 Edge tics: lfrM Zone 17N WGS84
USDA Natural Resources Web Soil Survey 7/28/2021
Conservation Service National Cooperative Soil Survey Pagel of 3

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Soil Map —Catawba County, North Carolina
Project Area
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
FaE3
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percent slopes, severely
eroded
1.2
92.4%
ToC2
Tomlin clay loam, 6 to 10
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7.6%
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USDA Natural Resources Web Soil Survey 7/28/2021
Conservation Service National Cooperative Soil Survey Page 3 of 3

Date:
Project/Site
Latitude
Stormwater Pipe
5/18/2021
ReplacementProject
35.659678
Evaluator:
County:
Longitude:
Alex L.
Catawba
-82.57133
Stream Determination
Other
Total Points: 27.50
INTERMITTENT
S1 (UT-1 To Town Creek)
A. Geomorphology Subtotal = 14.00
Absent
Weak
Moderate
Strong
1. Continuity of bed and bank
-----
-----
2
-----
2. Sinuosity of Channel Along Thalweg
-----
-----
2
-----
3. In -channel structure: ex. Riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
-----
-----
2
-----
5. Active/relic floodplain
-----
1
6. Depositional bars or benches
-----
-----
2
-----
7. Recent alluvial deposits
-----
1
-----
-----
8. Headcuts
-----
1
9. Grade Control
-----
0.5
-----
-----
10. Natural Valley
-----
0.5
-----
-----
11. Second or greater order channel
No= 0
Yes= -----
B. Hydrology Subtotal= 7.00
12. Presence of Baseflow
-----
-----
2
-----
13. Iron oxidizing bacteria
0
-----
-----
-----
14. Leaf litter
-----
1
-----
-----
15. Sediment on plants or debris
0
-----
16. Organic debris lines or piles
1
-----
17. Soil -based evidence of high water table?
No= -----
Yes= 3
C. Biology Subtotal= 6.50
18. Fiborous roots in streambed
-----
2
-----
-----
19. Rooted upland plants in streambed
3
-----
-----
-----
20. Macrobenthos (note diversity and abundance)
-----
1
-----
-----
21. Aquatic mollusks
0
-----
-----
-----
2 2. Fish
0
-----
-----
-----
23. Crayfish
0
-----
-----
-----
24. Amphibians
-----
0.5
-----
-----
25. Algae
0
-----
-----
26. Wetland plants in streambed
I FACw=
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OBL=
----
Other=
o
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Note: Sheet sourced from NCDWQStream ID Form

APPENDIX 2
Plans Set

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APPENDIX 3
IPAC Consultation Package

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2021-SLI-0760
July 28, 2021
Event Code: 04EN1000-2021-E-01820
Project Name: Stormwater Pipe Replacement Public Works Facility - City of Newton, NC
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" — species that
could potentially be placed on the federal list of threatened and endangered species in the future.
Also available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.

07/28/2021 Event Code: 04EN1000-2021-E-01820
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may
be requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of
the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should
follow the wind energy guidelines (http://www.fws.gov/windenerg_y/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;
http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.

07/28/2021 Event Code: 04EN1000-2021-E-01820 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

07/28/2021 Event Code: 04EN1000-2021-E-01820
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

07/28/2021 Event Code: 04EN1000-2021-E-01820
Project Summary
Consultation Code: 04EN1000-2021-SLI-0760
Event Code: 04EN1000-2021-E-01820
Project Name: Stormwater Pipe Replacement Public Works Facility - City of Newton,
NC
Project Type: ** OTHER **
Project Description: PROJECT DESCRIPTION
The City of Newton Stormwater Pipe Replacement project consists of
replacing dual 30-inch CMP pipes with a 60-inch RCP stormwater pipe
for the city's Public Works facility. The proposed project will be located
just off East Fifth Street and North Caldwell Avenue in the City of
Newton. The project will require approximately 1.20 acres of land to be
disturbed. Erosion control measures will be installed prior to work
progressing. The project is located in Catawba County.
SITE DESCRIPTION
The City's property is currently a gated lot that is mostly undeveloped
land used as a construction material/storage site. A railroad is also present
nearby that runs alongside the area parallel to N. Caldwell Ave. and
intersects E. Fifth St. The contributing drainage area drains north to south.
Drainage area patterns will remain consistent with existing patterns.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.6681136,-81.21907868529189,14z
t Olt, b+
Newton
Counties: Catawba County, North Carolina
r

07/28/2021 Event Code: 04EN1000-2021-E-01820 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Clemmys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Flowering Plants
NAME
STATUS
Dwarf -flowered Heartleaf Hexastylis nani flora
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

07/28/2021 Event Code: 04EN1000-2021-E-01820
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Blue -winged Warbler Uermivora pinus Breeds May 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Jun 30
Regions (BCRs) in the continental USA
Golden Eagle Aquila chrysaetos Breeds elsewhere
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https:Hecos.fws.gov/ecp/species/1680
Wood Thrush Hylocichla mustelina Breeds May 10 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 31
and Alaska.

07/28/2021 Event Code: 04EN1000-2021-E-01820
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe

07/28/2021 Event Code: 04EN1000-2021-E-01820 3
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR
Blue -winged
Warbler +�-- ---- ---
BCC -BCR
Golden Eagle
Non -BCC +�
Vulnerable
Wood Thrush
BCC Rangewide +�
(CON)
probability of presence breeding season I survey effort — no data
APR MAY JUN JUL AUG SEP OCT NOV DEC
---- 11111111 - - - - - - - - --I- - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - ---I -
A- -III IIII IIII IIII - - - - - - - - - - - - ----
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/
irds/pdf/
management/nationwidestandardconservationmeasures. pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.

07/28/2021 Event Code: 04EN1000-2021-E-01820 4
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).

07/28/2021 Event Code: 04EN1000-2021-E-01820 5
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

07/28/2021 Event Code: 04EN1000-2021-E-01820
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD
OFFICE FOR FURTHER INFORMATION.

APPENDIX 4
NCSHPO Map

NCHPO HPOWEB Map
N
Q
2
House
CT 26 Wade H. Letla
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m
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CT0364 Charles H. Trott
E eth St m
House CT0298�E1i M. Deal
CT0349 Louis Schrum H�°use
House
CoDr. Jam
an. Sr. House
CT0335 (former) Newton Cochran.
lementary School (Gone) CT0278 Benier-McLel land
House
CT0369 Eli Warlick
Howe
N 711, sr _ CT0308 Firs Presbyterian r;
CT03b5 Finger -Caldwell
Church
House a
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House
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47NO31 Houses
House
CT0276 CedlArndt C70317 Edward Haupt
House CT0285 Carpenter-SnyderHome INBA
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CT0361 Winnie Simmons CT0283 Campbell -Fry
House House
CT0351 Andrew J. SeagleCTIO357 L A. Shemll
CT0299 Duplex House Hoe
CT0302 Wafter C. Femster
•(70293 Coley Rental H toe
R%K
Hower CT03 5 Robed ox
House
GT0303 (former) Fidelity CT0347 Judge J. C. -,
Hosiery Mill (Gone) RudailPHause
CT0292 William G. Coley
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9
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CT1249 House
CT1285 Rhyne HarIvare CT1240 Commercial BuildingIT1265 Duplexl
Company Buildi CT1274 Commercial Building �- +
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it * CT1 43 Commercial Building
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t7
7/28/2021 10:57:21 AM
0 Project Area
Both DOE and Study List Boundary
..: Local districts & boundaries
DOE individual resources & centerpoints
Local individual resources & centerpoints
Determined Eligible
r Local Landmark
DOE, Gone
Local Landmark, Gone
SL and DOE
't Local HD Center Point
SL and DOE, Gone
Surveyed Only individual resources & centerpoints
* DOEHD Center Point
• Surveyed Only
't SLDOEHD Center Point
• Surveyed in NRHD
SL districts & boundaries
• Surveyed Only, Gone
Study List Boundary
• Surveyed in NRHD, Gone
Both SL and Determined Eligible Boundary
+ Blockface- Multiple properties
SL individual resources & centerpoints
+ Blockface in NRHD
SL Individual Entry
t Surveyed Area, No designation
SL and DOE entry
* Surveyed Area in NHRD
Study List Entry, Gone
DOE districts & boundaries
SL and DOE, Gone
= Determined Eligible Boundary
* SLHD Center Point
1:4,514
0 0.04 0.08 0.16 mi
0 0.05 0.1 0.2 km
State of North Carolina DOT, Esn, HERE, Garmin, INCREMENT P,
NGA,USGS
North Carolina State Historic Preservation Office

APPENDIX 5
Impacts Map

Legend
Project Area
Existing
Culverts
Stream Limits
Inset 1
s
� M
A
N
OF
ry
W
Temporary
Impact
DATE
7/30/2021
121019th Street Lane NW
PROJECT #
mcg
Hickory, NC 28601
828.328.2024
20.01138
NC Finn License#C-0459
PROJECT MANAGER
mcgillassociates.com
MO
Temporary Impact -
S1 (56 L.F. or 0.005
Acres)
1TRL Inset 1
(2) 24" RCP l
III (2) 24" RCP
111
III Removed Due
`14 to Sinkhole
t y��
Impacts Table
III 56 L.F.
S1 (UT-1 To or
Town Creek) 0.005
cres
70 0 35 70 140
GRAPHIC SCALE DIVISION VALUE = 70 FEET
STORMWATER PIPE REPLACEMENT FIGURE
PUBLIC WORKS FACILITY
CITY OF NEWTON IMPACTS MAP 4
CATAWBA COUNTY, NORTH CAROLINA

Contact Name* Jon Swaim
Contact Email Address* [e-mail]
Project Owner* City of Newton
Project Name* Stormwater Pipe Replacement Public Works Facility
Project County* Catawba
Owner Address:* Street Address
401 North Main Avenue
Address Line 2
aty State / Province / Pegion
Newton North Carolina
Postal / Zip axle Country
28658 United States
Is this a transportation project?* (- Yes c: No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
F Individual Permit F Modification
F- Shoreline Stabilization
Does this project have an existing project ID#?*
(- Yes c: No
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*

PROJECT DESCRIPTION
The City of Newton Stormwater Pipe Replacement project consists of
replacing dual 30-inch CMP pipes with a 60-inch RCP stormwater
pipe for the city's Public Works facility. The proposed project will be
located just off East Fifth Street and North Caldwell Avenue in the
City of Newton. The project will require approximately 1.20 acres of
land to be disturbed. Erosion control measures will be installed prior
to work progressing. The project is located in Catawba County.
SITE DESCRIPTION
The City's property is currently a gated lot that is mostly undeveloped
land used as a construction material/storage site. A railroad is also
present nearby that runs alongside the area parallel to N. Caldwell
Ave. and intersects E. Fifth St. The contributing drainage area drains
north to south. Drainage area patterns will remain consistent with
existing patterns.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I 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 7/28/2021