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HomeMy WebLinkAbout20211509 Ver 1_permit figures and documents_20211018Cardinal Woods PCN Supporting Documentation USGS Map Soil Survey Delineation Map Permit Drawings Approved PJD from USACE DWR Buffer Determination Letter N - •'• �'- • •� I�0 �� .. FJ 1 � .. .. ,-+. - r - f , ,•; *�. ' • ... •` faster• • � . G SOIc1 Wliite'Oak—__� �t + ��. �� �r'� VVV �;� y ' I 1•� .a ' � pen, j r .' • • r .., r Cfee Pine' f IdfIE �Fim O►v�e —OtdSPdC _ �c �Y sa Little Saoony Creel �86 . / Ro Se4,0op�= -W r • � �,.00ny r to_ Tar-PamlicoWBasin Site Boundary DATASOURCES: 0 2,000 4,000 2013 National Geographic Society/ESRI, i-cubed seamless USGS quadrangles (Nashville, NC), Site Feet Boundary based on Nash County Parcel Data. PM: JH Project No. 70217035 Irerracon Project Location EXHIBIT NO. Drawn By: OW Scale: 1 in = 2,000 Cardinal Woods Nash County, North Carolina Checked By: JH Filename: Topo.mxd Approved By: JH Date: October 2021 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9555 0 0 F E `m 0 O T (6 NI M 0 N 0 0 N U) u Soil Mappinq Units Bb Bibb loam, frequently flooded BoB Bonneau loamy sand, 0-4% slopes I GrC Gritney sandy loam, 6-10% slopes NrS NoB Norfolk loamy sand, 2-6% slopes ,� NuB Norfolk Urban land complex, 0-6% slopes � Ra Rains fine sandy loam No l N 013 � ka N 1_ f t�i ruJetF NoA Ai Rit Rai 7:� NOB Nos { NrS N a) .--_ A [terRa, At NOBB E Ra _ N DATA SOURCES: 0 Site Boundary Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server. 2017, NRCS digital Soil Survey of Nash m Q Soil Boundaries 0 1,000 2,000 County, 1989. Site Boundary based on Nash County Feet Parcel Data. LL O T PM: JH Project No. 70217035 NRCS SOUS EXHIBIT NO. Drawn By: CW Scale: 1 in = 1,000 Cardinal Woods Nash County, North Carolina 2 Checked By: JH Filename: Soils_book—d! Approved By: JH Date: October2021 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 phone: �slsla7s-2211 Fax: (6 m 0 N 0 0 N Tyr Site Boundary 1!_[.[ Potential Wetland Potential Tributary `Subject to the Tar -Pamlico Riparian Buffer Portions of these tributaries that were outside of the project study area were not flagged. 0 :r+ i Tar -Pamlico River Basin DATA SOURCES: 500 1,000 Latest High -Resolution NC Statewide Orthoimagery, NC OneMap Server; 2017; Site Boundary based on Nash Feet County Parcel Data. I PM: JH Project No. 70217035 Irerracon Potential Wetlands and Waters EXHIBIT No. Drawn By: CW Scale: 1 in = 500 ft Cardinal Woods Nash County, North Carolina 3 Checked By: JH Filename: Aerial.mxd Approved By: JH11 Date: October 2021 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919)873-9555 i O � J � o O ¢ H z � w w � � o d U d K Q G Q O N U V m F � " a w a 0 U Q m H � O K LL � tll U d O � O W g z0 w O � U O � � Q � w �m 6nnp•deW ;aedwI 8TLOOZd\s;aayg\sdew ;aed wi\s;igiyx3\`J614\9N3\nne alp nyseu gTL00Z\s;3a(ojd OZOZ\:d UCZ-0'oN Nda SEASON AlNnOO HSVN h Ma IZSM:Ne� 0e0c«S'U6—qd sa. - 9GUZON'3llIAHSVN USLZewiOJeZ)WIN 's,dV'aouanVa,uepi VZge %� � 3AIdOWHOVI3WMWd3AO70 0 � saauueld • sJOADAinS • saaaui2u3 Auedwo) AaAanS Iinij ueWa;e8 SdVA 10VdWl Sa00M IVN142iV0 w 0 Ln 0 0 0 O z o W Ln V z z O N z z 0 0 Q � � U � � Q U U � Q Q O � � Q W W m m 0 W W J H U Q a 5 0 S� p 5'i i E z t dp w U 10 d0 1 ` m N ram+ d 1 Q aOM a U a W 0 dMp•deW jUed Ulf SILddZdgaa4S�adeW pedw1�s1igigx3 E)M0\E)N]�ME alllAgSEU S lood \spefoid oZon:d aseZ-0'oN Nda SEASON AlNnOO HSVN h Ms IZSM:Ned 0e0c«S'U6.—gd sa. - 9GUZON'3llIAHSVN USLzewiOJeZ)WIN 's,dV'aouanVa,uepi VZsz %� � 3AIdOWHOVI3WMWd3A070 0 � saauueld • sJoAaninS • saaaul2u3 Auedwo) AananS Iinij ueWa;e8 SdVA 10VdWl Sa00M IVN142iV0 w 0 z o N ® � O W N Q V 0 / / J 01 LL,/ 2 / I LL , I a C o N zo doa.nz O w O + / 1 S SSI SS I ��p w I r' o w w w w u, a + o — o o m w v z m a o / I o� w J K lL O — o a I o v, o + I� n O U I Q I aNl I =m I� I a U � Q 6.p•deW aoedwl 96100ZdgaagSlsdew aoedwpspgigx3;9M0ASN]1MB allmgseu g loo0 Aspefod OZon:d UCZ-0'oN Nda SEASON AlNnOO HSVN h MrM M:Ne� 0eoc«9'61,6.—qd C3AMWHOVIDMWd3 9GUZON'3llIAHSVN USLZewi� Z)WIN's,dV'aouanVa,uepi VZge AOl0saauueld • sJOADAinS • saaaui2u3 a = o Auedwo) AaAanS Iinij ueWa;e - M e SddW i3VdWl Sa00M IVNI(RIVO w 0 FM \ � M \\ U U \ LL o \ \ \Ed O 0 ^ O\\ \ L 0. a oN\ .m w \/ zQ0 z am Lc) o Lc) o ££-HW 0 z 0 0 co z X w l8-HW 1 ZS-HW b£-HW Ln o Ln o 0 Ln t O Ln + O Bnnp•deW aoetlwl 86LOOZdIs�ea4Slsdew aoedwps�igi4x3;9MaA�N31Me alpngseu g6L00L�s�oafmd pZpy�:d 10 STREET- / YARD BUFFER R / 105 EET/ 1 O \ `,•;� � YARD BUFFER ?RI \ ' � � �•- ' Y TT. ORM''/ 2T CCRNER 5 ✓ 30' FRONT , STBK (TYP.( / / ; 1V / /� • . / \ 10. / 50' TPRB E04 \\ 30'REAR ,� :, T UTILITY ESMT FYP.( \\ STBKITYP.I�� / ? r xs, ,� 'yam 5'CCN0RETESDEWALK \ \ R1tl EET YARDBUFFER BUFFER // \ 1 \ \1 0325 - r x 1'�..J 2ONST0' TEMP. E5MT C- 0 / I 20! STORM - ' ESMT. 1 I- rw' �10'CCNCRETE' / GREENWAY \2V TEMP.I CCNST. EBMT. /J STORM ESNR. 5P TPRB• ./. 'vJ✓ - .. - j EX, WETLANDS ITYPU SCM MAINTENANCE AND \ ACCESS ESMT Per the Nashville UDO, the applicant is providing a future easement and ROW dedication in the event that the adjacent land is ever developed. No impacts occur in this area. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 1 1 , 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Rhlannon Graham- Terracon C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-W/Mayo Farm/SAW-2021-00414 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: Nash City: Nashville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.95503 Long.:-77.96087 Universal Transverse Mercator: 18S 232954 3983013 Name of nearest waterbody: SapOny Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): June 17, 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) See Attached 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:Potential Wetlands and Waters 0 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: 1 :24,000 Nashville 0-1 Natural Resources Conservation Service Soil Survey. Citation: NRCS Published sou Survey of Nash county (1989) ❑ National wetlands inventory map(s). Cite name: ❑ 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): LiDAR 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. rv,/2'. J—) CANJ\QAL- SignatureLiand date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' 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. Site Boundary EM Potential Wetland Potential Tributary DATA SOURCES: 500 1,000 Latest High -Resolution NC Statewide Orthoimagery, NC OnelVap Server; 2017; Site Boundary based on Nash Feet County Parcel Data. PM: JH Project No. 70217035 Irerracon Potential Wetlands and Waters EXHIBIT No. Drawn By: CW Scale: 1 in = 500 ft Mayo Farm Property Rocky Mount, Nash County, North Carolina 3 Checked By: JH Filename: Aerial.mxd Approved By: JH Date: June 2021 12401 Brentwood Road, Suite 107 Raleigh, NC 27604 1 Phone: (919)873-2211 Fax: (919)873-9555 w Estimated Amount Type of Aquatic Site # Lat Long of Aquatic Resource Geographic Authority Resource in Review Area Non -wetland water T1 35.95512 -77.96480 159 LF Section 404 (I ntermittent) Non -wetland water T2 35.95102 -77.96226 4,169 LF Section 404 (Perennial) Non -wetland water T3 35.95084 -77.96229 37 LF Section 404 (Perennial) Non -wetland water T5 35.95055 -77.95849 1,836 LF Section 404 (Peren nial, I nterm ittent) W1 35.95692 -77.96059 0.26 AC Wetland Section 404 W2 35.95584 -77.96388 0.84 AC Wetland Section 404 W3 35.95166 -77.96270 19 AC Wetland Section 404 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00414 County: Nash County U.S.G.S. Quad: Nashville NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Mayo Farm Devin Mayo Address: 5028 Wedgewood Drive Charlotte, NC, 28210 Telephone Number: Size (acres) 111 Nearest Town Nashville Nearest Waterway Sapony Creek River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 35.95503 Longitude:-77.96087 Location description: The property is located 0.25 miles west of South 11 Street approximately 0.75 miles north of the intersection of East Spring Hope Road in the town of Nashville in Nash County, North Carolina. 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. 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. Page 1 of 2 SAW-2021-00414 _ 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. _ 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 Kyle Barnes at (910) 251-4584 or Kv1c.W.Barncs(a,usace.armv.mil. C. Basis For Determination: The waters and wetland within the nroiect area flow unimneded to the Tar River, a TNW. D. Remarks: E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, 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 Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHIL IP.A. SHANNIN@USACE.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 N/A. It is not necessary to submit anEfirm to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official:fj c__ J —) ck't�— Date: August 11, 2021 Expirate n Date: N/A 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 http://coMsmapu.usace.army.mil/cm Nex/f?p=136:4:0. SAW-2021-00414 Copy Furnished: Terracon Rhiannon Graham 2401 Brentwood Road Suite 107 Raleigh, NC, 27604 SAW-2021-00414 J"NOTIF OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Devin Mayo, Mayo Farm File Number: SAW-2021-00414 Date: August 11, 2021 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.mit/Missions/CivilWorks/Re ug latoiyProgramandPennits.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-2021-00414 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: 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, US Army Corps of Engineers Attn: Kyle Barnes South Atlantic Division 2407 West 5th Street Attn: Mr. Philip A. Shannin Washington, North Carolina 27889 Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN(&USACE.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 opportuni 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: Kyle Barnes, 2407 West 5th Street Washington, North Carolina 27889 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137, PHILIP.A.SHANNIN(&USACE.APMW.MIL ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Devin Mayo Slack Mayo Farm 5028 Wedgewood Drive Charlotte, NC 28210 NORTH CAROLINA Environmental Quality May 19, 2021 Subject: Stream Determination Letter RRO #21-051 Determination date: 05/12/2021 Staff. Brian Byers Nash County Determination Type: Buffer I ntermittent/Perennial ❑ Neuse (15A NCAC 2B .0233) ® Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination ❑ Jordan 05A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Mayo Farm Pro Address/Location: 0 Glover Park Memorial Drive, Nashville, NC 27856 Strcam(s): Sapony Creek Feature E/1/P0I Not Subject Start @ Stop@ Soil USGS Subject Survey Ta o T 1 IIP X Approximately W 3 X 35.954900 -77.964350 T2 IIP X Approximately Off site X 35.954900 -77.963870 T4 NA Feature Not Evaluated, is not depicted on Soil Survey or USGS Topo T5 UP X Outside of Project T2 X Boundaries SZ NP X Not Present X (1) E= Ephemera l, 1=Intermittent, P=Perennial, NP=Nut Present, NA=Nat applicable Explanation: The features(s) listed above has been located on the most recent published MRCS Soil Survey of Nash County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are chccked "Subject" have been located on the property and possess characteristics that qualify it to be at Icast forth Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTi{ CAROL iNA �^ oeprmwn er rmxmmiemeF qunlN 919.791.4200 Buffer Determination Letter RRQ #21-051 Mayo Farm May 19, 2021 Page 2 of 2 an intermittent stream, There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service. cIo Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, Fed Ex, etc): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should he directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4$$4. If you have questions regarding this determination, please feel free to contact Brion Byers at (919) 791-4237, or by email at brion.byers(d_ncdenr.gov. Sincerely, DacuSigned by: BCOA9C82504A46l1... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RR.O DWR File Copy Rhiannon Graham, Terracon Consultants, Rhiannon.6TahamC&,tcrracon.com r3,7 1 J Nash - ite'Dak' - �� sh' -- t---+ - - — — �' J , I i .• ; .�•. Gal f ELF'• '"'�.-'`, _•' , • � �,■ F .; h. _ ; t �� lr r r •1 !> �1 'ram `\ _ -----i-�.�-.�,F1'AELANE---- ' j .J� �1i1 �� I ■96 R17RrpIflB, Stilt*,.Lp }�� •- 1 tp Ar ✓ r z o atrony tittle SWony Creek Site Boundary DATA SOURCES: 0 2.000 4.0fl0 2013 National GeographicSo(JelylESRI, 1-cubed seamless USGS quadrangles tNashviIle. NC); Slle MEMEMEIIII Feet Boundary based on Nash County Parcel Data. PM: JFi Project No. 70217035 Irerracon Project Location EXHIBIT NO Drawn By: CW Scale: 1 in = 2,000 Mayo Farm Property Rocky Mount, Nash County, North Carolina Checked By: JH Filename: m�.axa Approved By: JH Date: February 2D21 z1uToad Road, since 1 u7 Raleigh. NC z7s04 [-12: ;{919)V3-a II Fax: 1919r 87&9555 Soil Mapping Units Bb Bibb loam, frequently flooded i.� BoB Bonneau loamy sand, 0-4% slopes +' GrC Gritney sandy loam, 6-10% slopes r� NoB Norfolk loamy sand, 2 6% slopes �� +rti NuB Norfolk Urban land complex, 0-6% slopes n�,� � y Ra Rains fine sandy loam t1, ! SZ not present, requires review Nr-2R IT1 discontinuous, requires review NOA — NOI f � N 0. r I T2 partially impounded,�k requires review , �� ,r Pto ��.., XoA r rry I r a T5, present, not con- I^� r �. tested L lei( ),I JT5, present, not .r f E b • �' ``�. contested Gr No t•.I � �_ : � � Y i a Site Boundary Q Sail Boundaries 4 DATA SOLD RC E S: N Latest High -Resolution NC Statewide Orlho im8ge4y, INC OneMap Server; 2017; MRCS digital Soil Survey of Flash a 1.000 2,000 County, 1989, Site Boundary haled on Nash Couhly _ Feet Parcel Data. a PM: JH Project No. 7p217035 MRCS Soils EXHIBIT NO Drawn By: CW Scale: 1 in = 1,000 Mayo Farm Property Rocky Mount, Nash County, North Carolina 2 Checked By: JH Filename: Scifs_book.—d Approved By: JH pate: February 2021 aaot orentwoW Rio d. sues 117 fL leigh• NC 27%4 1 Phone: {919y 973-2211 Fe {A39 873 9 55 Site Boundary DATA SOURCES: ro , &. Potential Wetland o 500 1,040 Latest High-ResoNtion NC Statewide 000imagery, NC OneMap Server, 2017: Site Boundary based on Nash Potential Tributary Feet County Parcel Data. PM: JFi Project No. 70217035 Irerracon Potential Wetlands and Waters EXHIBIT NO Drawn By: CW Scale: 1 In = 5O0 #t Mayo Farm Property Rocky Mount, Nash County, North Carolina 3 Checked By: JH Filename: .aer4—d Approved By: JH Date: I February 2021 24GI 9rentwond Road, since 1 u7 Raleigh. NC z7604 1 phone; (919)V3-a II Fez: [919r M-9555