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HomeMy WebLinkAbout20220374 Ver 1_401 Application_20220301fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20220374 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Grants Landing 1a. Who is the Primary Contact?* Justin Mueller 1 b. Primary Contact Email: justin@sdgcarolinas.com Date Submitted 3/1/2022 Nearest Body of Water Grants Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.658882 -80.524948 A. Processing Information County (or Counties) where the project is located: Rowan Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Doug Perez:eads\djperez 1c. Primary Contact Phone:* (704)578-5688 Has this PCN previously been submitted? * Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act. Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 2958 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 29 - Residential Developments 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Grace Kent, Charles Edward Steel, Forest Glen, LLC 2b. Deed book and page no.: 2c. Contact Person: 2d.Address Street Address 2205 Mooresville Road Address Line 2 City Salisbury Postal /Zip Code 28147 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country United States Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)633-8867 2g. Email Address: Bldrmom1@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Justin Mueller 3b. Business Name: Sherwood Development Group, LLC 3c.Address Street Address 1968 Lynnwood Dr Address Line 2 City State / Province / Region Charlotte North Carolina Postal / Zip Code Country 28209 United States 3d. Telephone Number: 3e. Fax Number: (704)578-5688 3f. Email Address:* justin@sdgcarolinas.com 4. Agent/Consultant (if applicable) 4a. Name: Jonathan Grubb 4b. Business Name: ECS Limited Southeast 4c.Address Street Address 6714 Netherlands Drive Address Line 2 City State / Province / Region Wilmington North Carolina Postal / Zip Code Country 28405 United States 4d. Telephone Number: 4e. Fax Number: (919)414-0214 4f. Email Address: Jgrubb@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Salisbury 2. Project Identification 2a. Property Identification Number 460 152, 462 005, and 462 0060001 2b. Property size: 2c. Project Address Street Address Rowan Mill Road Address Line 2 City Salisbury Postal / Zip Code 28147 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Grants Creek 3b. Water Resources Classification of nearest receiving water:" C 3c. What river basin(s) is your project located in?" Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. s 030401030101 4. Project Description and History State / Province / Region North Carolina Country United States 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 existing conditions are wooded land with tributaries to Grants Creek on site. General land use in the immediated vicinity is residential and commercial 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 42.75 4g. List the total estimated linear feet of all existing streams on the property: 6967 4h. Explain the purpose of the proposed project:" The project is being developed on behalf of Sherwood development Group. The main purpose of this project is to install a gravity sanitary sewer outfall that will service the proposed residential development, which will consist of town homes. The site consists of privately owned parcels. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" Normal gravity sewer pipeline construction techniques will be used with this project. Normal residential structure practice will be used when building pads meet wetland area. The construction of the project will not necessitate the use of any specialized construction techniques. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. Project related impacts include 0.051-acre of permanent wetland impacts for building footprint, 0.581-acre of functional wetland impacts for sewer utility installation, and 0.02-acre of permanent stream impacts for road crossings. Hydrologic connectivity of the wetlands will be maintained across the sanitary sewer line easement with occasional clearing of vegetation by property owner. Temporary impacts will be restored to preconstruction contours. See below for impact summary. PROPOSED WETLANDS IMPACTS IMPACT #1 FUNCTIONAL 0.186 AC IMPACT #2 FUNCTIONAL 0.395 AC IMPACT #3 PERMANENT 0.051 AC PROPOSED STREAM IMPACTS CROSSING #1 PERMANENT 96' 384 SF 0.009 AC CROSSING #2 PERMANENT 166' 476 SF 0.011 AC2 D. Impact Justification and Mitigation 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?" Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW — 2000 - 01367 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jonathan Grubb Agency/Consultant Company: ECS Limited Southeast Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR December 17, 2020 6. Future Project Plans 6a. Is this a phased project?* Yes 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 project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts WS Reason (?) Excavation 2b. Impact type* M P 2c. Type of W. Bottomland Hardwood Forest 2d. W. name* t 2e. Forested* Yes rType of Jurisdicition [Both are Impact area * 0.051 (acres) E:::::1F1earing T Bottomland Hardwood tst:] W5 E::::1[Both 0.581 acres) 2g. Total Temporary Wetland Impact 0.581 2g. Total Wetland Impact 0.632 21. Comments: Impact 3 Permanent Fill 0.051. Impacts 1&2 Functional impact 0.581 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.051 ❑ S7 3a. Reason for impact (?) Road Crossing 3b.lmpact type* Permanent 3c. Type of impact* Culvert 3d. S. name* T1 3e. Stream Type* (?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width* Average (feet) 3h. Impact length* 166 pinear feet) S2 Road CrossingPermanent :] Culvert T2 Intermittent Both 2 Average (feet) 96 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 262 3i. Total stream and ditch impacts: 262 3j. Comments: Crossing 1 &2 Permanent fill of 0.02 acre of stream bed. E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The potential alignment routes of the sewer outfall were limited due to the presence of wetlands, streams, and topography of the site. The sewer utility corridor is proposed to be placed within the narrowest portion of the wetland system, minimizing the impact as much as reasonably possible. Initially, the proposed sewer alignment impacted a larger area of wetlands. Alternative alignments were reviewed to determine if it was possible to minimize the impacts. Based on this analysis, the alignment of the sewer outfall was adjusted to have significantly less impacts on the wetland system. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Disturbance of the wetlands shall be minimized to the extent practicable in order for the proper installation of the sanitary sewer line and residential development. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during sanitary sewer line installation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 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? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments Mitigation is proposed for the 0.581 functional Impact to install sewer utility 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.581 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Not in a Buffered basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. No additional phases planned at this time. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Habitat assessment and targeted botanical surveys for Schweinitzs were completed within the appropriate flowering window, and none where found. Sent in to USFWS, and have concurrence. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? GIS Viewer 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Reviewed the NCSHPO map viewer and state the findings, that there aren't any issues. SHPO concurred. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* Fema Firm Panel (Figure 5) Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Permit Final.pdf 4.75MB File must be PDF or KMZ Comments Signature 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 Signature Date 3/1/2022 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folderAssign Action ID Number in ORM Spxbo!Njmm!Njyfe!Sftjefoujbm 1.Project Name \[PCN Form A2a\]: 5 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose \[PCN Form B3d and B3e\]: !Upxoipnft-!spbe!dspttjoht-!boe!tfxfs!vujmjuz!ipplvq OXQ!3:'69 4.Property Owner / Applicant \[PCN Form A3 or A4\]: Gpsftu!Hmfo-!Jod/!-!Hsbdf!Lfou-!Dibsmft!Tuffm 5.Agent / Consultant \[PNC Form A5 – or ORM Consultant ID Number\]: KpobuiboHsvcc 6.Related Action ID Number(s) \[PCN Form B5b\]: 7.Project Location – Coordinates, Street Address, and/or Location Description \[PCN Form B1b\]: OD!Ixz!261!'!Spxbo!Njmm!Spbe-!Tbmjtcvsz-!Spxbo!Dpvouz!OD 8.Project Location –Tax Parcel ID \[PCN Form B1a\]: 571!263-!573!116-!573!1171112 9.Project Location – County \[PCN Form A2b\]: Spxbo 10.Project Location – Nearest Municipality or Town \[PCN Form A2c\]: Tbmjtcvsz 11.Project Information –Nearest Waterbody \[PCN Form B2a\]: Zbeljo!Qff!Eff 12.Watershed / 8-Digit Hydrologic Unit Code \[PCN Form B2c\]: !14151216 Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Standard PermitPre-Application Request 5 Nationwide Permit # Unauthorized Activity Regional General Permit # Compliance Jurisdictional Determination RequestNo Permit Required Revised 20150602 LETTER OF TRANSMITTAL November 9, 49: 11542- Date: Project No. 2021 D ECS SOUTHEAST, LLP Geotechnical Construction Materials Environmental 6714 Netherlands Dr, Wilmington, NC 28405 Telephone (910) 686-9114 To: U.S. Army Corps of Engineers Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 We are sending you the following items via: COPIES DATED DESCRIPTION 1 November 9, PCN for Nationwide Permit 29 & 58 Rowan Mill Road Residential 2021 These are transmitted as checked below: X For your use As requested REMARKS Please find the attached request for the Rowan Mill Road Residential Site in Salisbury, Rowan County, North Carolina. If you have any questions, please contact Jonathan Grubb at (919) 414-0214 or at jgrubb@ecslimited.com. COPY TO: Jonathan Grubb 11-09-2021 SIGNED: November 9, 2021 U.S. Army Corps of Engineers Raleigh Regulatory Field Office US Army Corps of Engineer 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 Reference: Pre-Construction Notification Application Request for Nationwide Permit 29 & 58 Residential Development & Utility Line Activities for Water and Other Substances Rowan Mill Road Residential Salisbury, Rowan County, North Carolina ECS Project No.: 49:11542-D To Mr. Chris Hopper, Please find the attached Request for Pre-Construction Notification (PCN) Nationwide Permit 29 and 58 for the Rowan Mill Road Residential Project. The purpose of the project is to build town homes and corresponding sewer lines to service them. The project site is located at the intersection of Rowan Mill Road and Mooresville Road in Salisbury, Rowan County, North Carolina. The site is identified as Rowan County Parcel Identification Numbers (PINs) 460 152, consisting of 10.2 acres and 462 005, consisting of 59.04 acres both owned by Forest Glen, Inc., as well as Rowan County PIN 462 0060001, consisting of 66.8 acres owned by Grace Kent and Charles Edward Steel. Based on the available information, the site consists of undeveloped, lightly wooded land. (Figure 1). Wetlands and streams were delineated on site and were verified by the corp, see SAW-2020-01367 attached. The site has historically consisted of wooded land and remains through to the present time. Areas surrounding the site consist of commercial buildings, a church, and other residential/industrial buildings. Based upon the United States Geological Survey (USGS) Topographic Map, Grants Creek and tributaries therof are present on-site. For the PCN, the proposed project includes building townhomes including the corresponding utility lines needed to service them. The enclosed development plan proposes permanent fill impacts to jurisdictional wetlands and streams on site. There will also be functional impacts to wetlands within the utility corridor. These will not contain fill, but rather change from one wetland type to another (functional impact). Permanent impacts to the stream are also proposed. On behalf of Sheerwood Development Group, LLC, ECS respectfully requests the use of NWP 29 & 58 to authorize the functional impact of 0.581 acre of wetland for a sewer utility, subject to mitigation at a ratio of 1:1, a permanent impact of 0.051 acre of wetland, and a permanent impact of 0.02 acre of stream. The attached permit application and associated attachments provide details pertaining to the proposed project impacts. ECS looks forward to your attention to this request. Please contact me at (919) 414-0214or jgrubb@ecslimited.comwith questions or if additional information is required. Sincerely, Jonathan Dale Grubb W. Brandon Fulton, LSS, PSC EnvironmentalStaffProject Manager Environmental Principal jgrubb@ecslimited.com bfulton@ecslimited.com (919) 414-0214 (704) 525 5152 Attachments:Preliminary ORM Data Entry Fields for NewActions Form Pre-Construction Notification Form Appendices Agent Authorization Figures1-6 Rowan Mill Road Residential (WETLAND IMPACT EXHIBIT) Jurisdictional Determination SAW-2020-01367 NHP NCSHPO GIS IPACOfficial Species List Targeted Sunflower Survey Letter Prefiling Request Conditional Letter of Acceptance 2 Office Use Only Corps Action ID no. \[Click to enter.\]Date received:\[Click to enter.\] DWR project no. \[Click enter.\]Date received:\[Click to enter.\] Site Coordinates: Latitude (DD.DDDDDD): 35.658882 Longitude (DD.DDDDDD): 80.524948 Form Version 4, April 4, 2021 Pre-Construction Notification (PCN) Form (Ver.4, April 4, 2021)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a redasterisk*are required. The form is not considered complete until all mandatory questions are answered. The online help filemay be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ Before submitting this form, please ensure you have submitted the Pre-Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre-Filing Meeting Request Form is used to satisfy submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request Attach documentation of Pre-Filing Meeting Request to this Application. Date of Pre-filing Meeting Request (MM/DD/YYYY)*:9/24/2021 DWR ID #Click to enter.Version Click to enter.(If applicable) Page 1of 20PCN Form -Version 1.5,September2020 A. Processing Information County (counties) where project is located: * Rowan Additional (if needed). Is this a NCDMS project? * Yes No (Click yes only if NCDMS is the applicant or co- applicant) Is this a public transportation project? * Yes No (Publicly funded municipal, state, or federal road, rail, or airport project) Is this a NCDOT project? * Yes No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1a. Type(s) of approval sought from the Corps: * Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * Yes No Please provide the date of the previous submission. * Click to enter a date. Nationwide Permit (NWP) 1b. What type(s) of permit(s) do you wish to seek Regional General Permit (RGP) authorization? * Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * Yes No NWP number(s) (list all numbers ): 29 & 58 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. 1d. Type(s) of approval sought from DWR (check all that apply): * 401 Water Quality Certification Regular 401 Water Quality Certification Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification Page 2 of 20 PCN Form - Version 1.5, September 2020 Pre-Filing Meeting Information Before submitting this form please ensure you have submitted the Pre-Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre-Filing Meeting Request Form is used in 0 days prior to submitting a certification request, the project proponent shall request a pre- 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. To read more information on when this form is needed prior to application submission: https://www.epa.gov/sites/production/files/2020-07/documents/clean_water_act_section_401_certification_rule.pdf To view the form: https://edocs.deq.nc.gov/Forms/DWR-Pre-Filing-Meeting-Request Is this a courtesy copy notification Yes No 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * Yes No For the record only for Corps Permit: * Yes No 1f. Is this an after-the-fact permit/certification application? * Yes No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for Yes No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in-lieu fee program. 1h. * Yes No 1i. Is the project located within an NC DCM Area of Environmental Yes No Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * Yes No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form - Version 1.5, September 2020 B. Applicant Information 1a. Who is the primary contact? * Justin Mueller 1b. Primary Contact Email: * justin@sdgcarolinas.com 1c. Primary Contact Phone: * (###)###-#### 704-578-5688 1d. Who is applying for the permit/certification? * (check Owner Applicant (other than owner) all that apply) 1e. Is there an agent/consultant for this project?* Yes No 2. Landowner Information Grace Kent, Charles Edward Steel, Forest Glen, 2a. Name(s) on Recorded Deed: * LLC 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address * Street Address: 2205 Mooresville Road Address line 2: Click to enter. City: Salisbury State/ Province/ Region: North Carolina Postal/ Zip Code: 28147 Country: U.S. 2e. Telephone Number: * (###)###-#### 704-633-8867 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * Bldrmom1@gmail.com 3. Applicant Information (if different from owner) 3a. Name: * Jonathan Grubb 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: 6714 Netherlands Drive Address line 2: Click to enter. City: Wilmington State/ Province/ Region: North Carolina Postal/ Zip Code: 28405 Country United States 3d. Telephone Number: * (###)###-#### 919-414-0214 3e Fax Number: (###)###-#### Click to enter. Page 4 of 20 PCN Form - Version 1.5, September 2020 3f.Email Address: *Jgrubb@ecslimited.com 4. Agent/ Consultant (if applicable) 4a. Name: * Jonathan Grubb 4b. Business Name: Click to enter. 4c. Address: * Street Address: 6714 Netherlands Drive Address line 2: Click to enter. City: Wilmington State/ Province/ Region: North Carolina Postal/ Zip Code: 28405 Country: United States 4d. Telephone Number: * (###)###-#### 919-414-0214 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * Jgrubb@ecslimited.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Grants Landing 1b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Salisbury 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 460 152, 462 005, and 462 0060001 2b. Property size (in acres): 136 acres 2c. Project Address: Street Address: Rowan Mill Road Address line 2: Click to enter. City: Salisbury State/ Province/ Region: North Carolina Postal/ Zip Code: 28417 Country: United States Latitude (DD.DDDDDD): * 35.658882 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Longitude (-DD.DDDDDD): * -80.524948 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Grants Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401030101 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 20 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The existing conditions are wooded land with tributaries to Grants Creek on site. General land use in the immediated vicinity is residential and commercial. 4b. Have Corps permits or DWR certifications been obtained for this Yes No Unknown project (including all prior phases) in the past? * \[Click to enter.\] If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): 2000 01367 Attach any pertinent project history documentation Yes No 4b2. Is any portion of the work already complete? * If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. of the USGS topographic map indicating the location of the project site. 4e. depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 42.75 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 6967 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: * See attached appendices 4i. Describe the overall project in detail, including the type of equipment to be used: * Click to enter text. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * Yes No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 7 of 20 PCN Form - Version 1.5, September 2020 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in Yes No Unknown proposed impact areas? * Comments: Click to enter text. Preliminary Approved Emailed concurrence 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Not Verified Unknown n/a Corps AID number (ex. SAW-0000-00000): SAW 2000 - 01367 Name (if known): Jonathan Grubb 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: ECS Southeast, LLP areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. December 17, 2020 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require D-construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form - Version 1.5, September 2020 D.Proposed Impacts Inventory 1. Impacts Summary Wetlands Streams - tributaries 1a. Where are the impacts associated with your project Buffers Open Waters (check all that apply): Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Type* Wetland Name* ForestedJurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W2Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5Excavation Permanent Bottomland W5 Yes Both 0.051 Hardwood Forest W6Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts 0.051 ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: No material discharged, just excavating and re applying 2i. Comments: Impact 3 Permanent Fill 0.051. Impacts 1&2 Functional impact 0.581 Page 9 of 20 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site #* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration* Type* Type* (avg ft) * (linear ft) * S1Road Crossing Permanent Crossing/ T1 Perennial Both 3 166 Culvert S2Road Crossing Permanent Crossing/ T2 Intermittent Both 2 96 Culvert S3Perennial Click to enter Temp/ Perm Choose one Click to enter Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch Click to enter. linear ft impact: 3i2. Total permanent stream 262 linear ft impacts: 3i3. Total temporary stream Click to enter. linear ft impacts: 3i4. Total stream and ditch Click to enter. linear ft impacts: 3j. Comments: Crossing 1&2 Permanent fill of 0.02 acre of stream bed. Page 10 of 20 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4a1. 4b. 4c. 4b. 4e. 4f. Site #* Impact Reason Impact Waterbody Name* Activity Type* Waterbody Impact area Duration* Type* (ac)* O1 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O2 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O3 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O4 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O5 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated Click to Click to Click to Click to Click to Click to Click to P1 Choose one enter. enter. enter. enter. enter. enter. enter. Click to Click to Click to Click to Click to Click to Click to P2 Choose one enter. enter. enter. enter. enter. enter. enter. Click to Click to Click to Click to Click to Click to Click to P3 Choose one enter. enter. enter. enter. enter. enter. enter. Click to Click to Click to Click to Click to Click to Click to 5f. Total enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. Neuse Tar-Pamlico Catawba 6a. Project is in which protected basin(s)? Jordan Goose Creek Randleman * (Check all that apply.) Other: Click to enter. 6b. 6c. 6d. 6e. 6f. 6g. Site #* Impact Type* Impact Duration* Stream Name* Buffer Zone 1 Impact* Zone 2 Impact* Mitigation (sq ft) (sq ft) Required?* B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: * See Appendicies 1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * See Appendicies 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * DWR Corps (check all that apply) Mitigation Bank 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) In Lieu Fee Program Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits_apex/f?p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:0 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: 0.581 acres 4f. Non-riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Mitigation is proposed for the 0.581 functional Impact to install sewer utility. Page 13 of 20 PCN Form - Version 1.5, September 2020 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) DWR requirement 6a. Will the project result in an impact within a protected riparian buffer Yes No that requires buffer mitigation? If yes, please complete this entire section please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or Yes No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers Yes No identified within one of the NC Riparian Buffer Protection Rules? 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. Level Spreader Vegetated Conveyance (lower seasonal high water table- SHWT) What Type of SCM are you Wetland Swale (higher SHWT) providing? Other SCM that removes minimum 30% nitrogen (Check all that apply) Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Yes No Individual NPDES permit NCS000250? * 2b. Does this project meet the requirements for low density projects as Yes No defined in 15A NCAC 02H .1003(2)? * To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) Yes No reviewed and approved under a state stormwater program or state- n/a project disturbs < 1 acre approved local government stormwater program? * Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally-implemented stormwater programs through use of community in-his question. Local Government 2d. Which of the following stormwater management program(s) apply? (Check all that apply.)* State If you have local government approval, please include the SMP on their overall impact map. Phase II USMP Local Government Stormwater Programs * NSW Water Supply Page 15 of 20 PCN Form - Version 1.5, September 2020 Please identify which local government stormwater program you are using.* NCDWR Phase II HQW or ORW State Stormwater Programs * Coastal Counties Other Comments: Click to enter. Page 16 of 20 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) Yes No funds or the use of public (federal/state) land? * 1b. preparation of an environmental document pursuant to the Yes No requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * 1c. finalized by the State Clearing House? (If so, attach a copy of the Yes No NEPA or SEPA final approval letter.) * Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non-Jurisdictional Wetlands /Classified Surface Waters Yes No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby Yes No downstream water quality? * 3b. No additional phases planned at this time. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * Yes No N/A 4b. If yes, describe in detail the treatment methods and dispositions (non-discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will be handled by Salisbury-Rowan Utilities. Page 17 of 20 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected Yes No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ \[fws.gov\]) * 5b. Have you checked with the USFWS concerning Endangered Species Yes No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved? * Yes No Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * Yes No 5f. Will you cut any trees in order to conduct the work in waters of the Yes No U.S.? * 5g. Does this project involve bridge maintenance or removal? * Yes No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use Yes No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * Yes No Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind Yes No turbine(s)? * If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, Yes No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * Habitat assessment and targeted botanical surveys for Schweinitzs were completed within the appropriate flowering window, and none where found. Sent in to fws, awaiting concurrence. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as Yes No an Essential Fish Habitat? * Is there submerged aquatic vegetation (SAV) around Yes No Unknown the project vicinity? * Page 18 of 20 PCN Form - Version 1.5, September 2020 Will this project affect submerged aquatic vegetation? * Yes No Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * GIS Viewer 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural Yes No preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how the project meets FEMA requirements. Permanent fill will not occur within Fema Floodplain 8c. What source(s) did you use to make the floodplain determination? Fema Firm Panel (Figure 5) H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form - Version 1.5, September 2020 I.Signature* By checking the box and signing below,I, as the project proponent, certify to the following: The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: *Jonathan Grubb Signature: *Jonathan Grubb Date:*11/9/2021 Page 20of 20PCN Form -Version 1.5,September2020 APPENDICIES: Supplementary Information: B. Project Information and Prior Project History 4h. Explain the purpose of the project: The project is being developed on behalf of Sherwood development Group. The main purpose of this project is to install a gravity sanitary sewer outfall that will service the proposed residential development, which will consist of town homes. The site consists of privately owned parcels. 4i. Describe the overall project in detail, including the type of equipment to be used: Normal gravity sewer pipeline construction techniques will be used with this project. Normal residential structure practice will be used when building pads meet wetland area. The construction of the project will not necessitate the use of any specialized construction techniques. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on-site during the construction process. Project related impacts include 0.051-acre of permanent wetland impacts for building footprint, 0.581-acre of functional wetland impacts for sewer utility installation, and 0.02- acre of permanent stream impacts for road crossings. Hydrologic connectivity of the wetlands will be maintained across the sanitary sewer line easement with occasional clearing of vegetation by property owner. Temporary impacts will be restored to pre- construction contours. See below for impact summary. PROPOSED WETLANDS IMPACTS IMPACT #1 FUNCTIONAL 0.186 AC IMPACT #2 FUNCTIONAL 0.395 AC IMPACT #3 PERMANENT 0.051 AC PROPOSED STREAM IMPACTS CROSSING #1 PERMANENT 96' 384 SF 0.009 AC CROSSING #2 PERMANENT 166' 476 SF 0.011 AC D. Impact Justification and Mitigation 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project: The potential alignment routes of the sewer outfall were limited due to the presence of wetlands, streams, and topography of the site. The sewer utility corridor is proposed to be placed within the narrowest portion of the wetland system, minimizing the impact as much as reasonably possible. Initially, the proposed sewer alignment impacted a larger area of wetlands. Alternative alignments were reviewed to determine if it was possible to minimize the impacts. Based on this analysis, the alignment of the sewer outfall was adjusted to have significantly less impacts on the wetland system. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Disturbance of the wetlands shall be minimized to the extent practicable in order for the proper installation of the sanitary sewer line and residential development. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during sanitary sewer line installation activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State Permanent wetland fill impacts associated with the project are 0.051 acre and 0.02 acre of permanent stream bed impacts which are covered under Nationwide Permits 58 and 29. Mitigation is required for the functional impacts (0.581) to the wetland impacted by the sewer crossings at a ratio of 1:1. Therefore, mitigation is proposed through payment to the DMS. A conditional letter of acceptance is included with this application. 2 704-633-8867 Bldrmom1@gmail.com 704-633-8867 Bldrmom1@gmail.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01367 County: Rowan U.S.G.S. Quad: NC- Rowan Mills NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Sherwood Development Group Justin Mueller Address:51 Union Street Concord, NC28025 Telephone Number: 704-578-5688 E-mail: justin@sdgcarolinas.com Size (acres) 127 Nearest Town Salisbury Nearest Waterway Grants Creek River Basin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude: 35.661913 Longitude: -80.525940 Location description: Project is located SouthEast of the intersection of NC-Hwy 150 (Mooresville Road) and Rowan Mill Road, consisting of threeundeveloped forested parcels, near the Town of Salisbury, North Carolina. PIN(s): 4620060001, 460152and 462005. Indicate Which of the Following Apply: A ȁ 0±¤«¨¬¨­ ±¸ $¤³¤±¬¨­ ³¨®­ There appear to be waters on the above described project area/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). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/22/2020. 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 a/re 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 appear to be waters on the above described project area/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 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 over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/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 project area/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 on the above described project area/property 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 on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have SAW-2020-01367 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps RegulatoryOfficial identified below on DATE. 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/propertywhich 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 ofCoastal 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 theCorps regulatory program, please contact Krystynka B Stygarat 252-545-0507or krystynka.b.stygar@usace.army.mil. C.Basis For Determination:Basis For Determination: Based on information submitted by the applicant and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v 2.0. See the preliminary jurisdictional determination form dated 12/29/2020 included in the file. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 12/29/2020 Expiration Date of JD:Not applicable SAW-2020-01367 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: ECS Southeast , LLP Jonathan Grubb Address: 9001 Glenwood avenue Raleigh, NC 27617 Telephone Number: 919-414-0214 E-mail: JGrubb@ecslimited.com Property Owner: Forest Glen, Inc. Charles Steele / Diane Green Address: 2205 Mooresville Road Salisbury, NC 28147 Telephone Number: (704) 633-8867 E-mail: Bldrmom1@gmail.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Sherwood Development Group, Justin File Number: SAW-2020-01367 Date: 12/29/2020 Mueller Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATIOND PRELIMINARY JURISDICTIONAL DETERMINATIONE SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the 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 permitunder 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 district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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 Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Krystynka B Stygar CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. Date: Telephone number: ________________________________________ Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive, suite 615 Charlotte, North Carolina, 28262 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/29/2020 B.NAME AND ADDRESS OF PERSON REQUESTING PJD: Sherwood Development Group, Justin Mueller, 51 Union Street, Concord, NC 28025 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Rowan Mill Mixed Residential, SAW-2020-01367 D.PROJECT LOCATION(S)AND BACKGROUND INFORMATION: Project is located SouthEast of the intersection of NC-Hwy 150 (Mooresville Road) and Rowan Mill Road, consisting of three undeveloped forested parcels, near the Town of Salisbury, North Carolina. PIN(s): 4620060001, 460152 and 462005. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Rowan City: Salisbury Center coordinates of site (lat/long in degree decimal format): Latitude: 35.661913 Longitude: -80.525940 Universal Transverse Mercator: Name of nearest waterbody: Grants Creek E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): December 3, 2020 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource “may be” resources in non-wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Stream 135.661913 -80.5259401419 LF Non-wetland Section 404 waters Stream 235.662009 -80.52485939 LF Non-wetland Section 404 Waters Stream 335.660551 -80.5222261305 LF Non-wetland Section 404 Waters Stream 435.657509 -80.522541705 LF Non-wetland Section 404 Waters Stream 535.654575 -80.5230952081 LF Non-wetland Section 404 Waters Stream 635.654183 -80.525727892 LF Non-wetland Section 404 Waters Stream 735.658544 -80.52591 68.06 LF Non-wetland Section 404 waters Stream 8 35.658544 -80.52591 230.36 LFNon-wetland Section 404 waters Stream 9 35.6556-80.52242 227.71LF Non-Wetland Section 404 waters Wetland 1 35.661880 -80.5263450.02 Acre Wetland Section 404 Wetland 2 35.662000 -80.5256030.005 AcreWetland Section 404 Wetland 3 35.659728 -80.5217710.23 Acre Wetland Section 404 Wetland 435.658790-80.5210932.47AcreWetlandSection 404 Wetland 5 35.6565905 -80.52217340.40 AcreWetland Section 404 1.TheCorpsofEngineersbelievesthattheremaybejurisdictionalaquaticresourcesinthe to request review area, and the requestor of this PJD is hereby advised ofhisorher option andobtainanapprovedJD(AJD)forthatreviewareabasedonaninformeddecisionafter having discussed the various types of JDs and theircharacteristics and circumstances when theymaybeappropriate. 2. In any circumstancewhere a permit applicantobtainsan individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification"(PCN),orrequestsverificationforanon-reportingNWPorothergeneral 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 permitauthorization, and that basingapermit 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 benecessary;(5) undertaking anyactivityinreliance uponthe subject permit authorization without requesting an AJD constitutesthe applicant'sacceptance of the use ofthe PJD;(6) accepting a permit authorization (e.g., signing a profferedindividualpermit) or undertaking any activityin reliance on any formof Corps permit authorization based on a PJD constitutesagreement that all aquaticresources inthereview area affectedin any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction inany administrative or judicial complianceor 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 administrativeappeal, itbecomes appropriateto 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) C hecked items are included in the administrative record and are appropriately cited: Maps,plans,plotsorplatsubmittedbyoronbehalfofthePJDrequestor: Map:ECS Limited for Datasheetsprepared/submittedbyoronbehalfofthePJDrequestor.Datasheets: Officeconcurswithdatasheets/delineationreport. Officedoesnotconcurwithdatasheets/delineationreport.Rationale: DatasheetspreparedbytheCorps: Corpsnavigablewaters'study: U.S.GeologicalSurveyHydrologicAtlas: USGSNHDdata: USGS 8 and12digitHUCmaps: U.S.GeologicalSurveymap(s).Citescale & quadname:Figure 2 NaturalResourcesConservationServiceSoilSurvey.Citation:Figure 3 Nationalwetlandsinventorymap(s).Citename:Figure 4 State/localwetlandinventorymap(s): FEMA/FIRMmaps:Figure 5 100-yearFloodplainElevationis:(NationalGeodeticVerticalDatumof1929) Photographs: Aerial(Name& Date):Figure 6 or Other(Name & Date): Previousdetermination(s). File no.anddateofresponseletter: Otherinformation(pleasespecify):Field verification conducted 12/3/2020 IMPORTANT NOTE:Theinformation recorded on thisform has not necessarilybeenverifiedbytheCorps and should not berelieduponforlaterjurisdictionaldeterminations. SignatureanddateofRegulatory SignatureanddateofpersonrequestingPJD staffmembercompletingPJD (REQUIRED,unlessobtainingthesignatureis 1 12/29/2020 impracticable) 1 DistrictsmayestablishtimeframesforrequestertoreturnsignedPJDforms.Iftherequesterdoesnotrespondwithintheestablished timeframe,thedistrictmaypresumeconcurrenceandnoadditionalfollowup is necessarypriortofinalizinganaction. October 5, 2021 Ms. Janet Mizzi Field Office Supervisor U.S. Fish and Wildlife Service, Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 Re: Survey Rowan Mill Mixed Residential NC Hwy 150 & Rowan Mill Road Salisbury, Rowan County, North Carolina ECS Project Number 14542-D Dear Ms. Mizzi: ECS Southeast, LLP is pleased to provide our results of the Survey conducted for the above-referenced site. Background Information The subject site is located at NC Hwy 150 & Rowan Mill Road in Salisbury, Rowan County, North Carolina. According to the Rowan County Online GIS website, the site is identified as Rowan County Parcel Identification Numbers (PINs) 460152, consisting of 10.2 acres and 462005, consisting of 59.04 acres both owned by Forest Glen, Inc., as well as Rowan County PIN 462 0060001, consisting of 66.8 acres owned by Kent Grace Steel and Charles Edward Steel. Based on the available information, the site consists of undeveloped, lightly wooded land. ECS conducted a site reconnaissance for suitable habitat for threatened and endangered species on September 14, 2021. ECS is currently working on submitting a Request for Information and Concurrence related to Threatened and Endangered Species/Critical Habitat to the United States Fish and Wildlife Service (USFWS). ECS consulted the United States Fish and Wildlife Service (USFWS) Information for Planning and Conservation (IPaC) tool to determine what species are known to occur within the project area. The IPa occur on the project area. ECS identified habitat for the species on site and performed a targeted survey to determine their presence. Surveys were conducted within the appropriate survey window for the sunflower. Description grows approximately 6½ feet tall (though it can be shorter if young or injured) and can occasionally reach heights of 16 feet. It has thickened roots that are specially designed to store starch. The stem is purple, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly on the upper part. Leaves grow out from the stem at a right angle, and the tips of the leaves tend to droop. The leaves are thick and stiff, with a rough upper surface. They have broad spiny hairs that are directed toward Rowan Mill Mixed Residential NC Hwy 150 & Rowan Mill Road Salisbury, Rowan County, North Carolina ECS Project Number: 49-11542-D the tip, and soft white hairs cover the underside. The plant produces small yellow flowers. It occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. This preference for poor soil helps minimize competition from other species. Survey Results rd ECS conducted the targeted botanical survey on September 14, 2021. On August 23, ECS visited a reference population of Schweinitzlocated near Charlotte, North Carolina. For the purposes of the site survey, observations were made from a pedestrian reconnaissance transecting through all the potential habitat located on the site. was not observed during our site reconnaissance. The potential habitat on site consisted of maintained and disturbed roadside which were observed to be dominated by red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), willow oak (Quercus phellos), white oak (Quercus alba), tulip poplar (Liriodendron tulipifera), goldenrod (solidago), fescue (Festuca), loblolly pine (Pinus taeda), winged elm (Ulmus alata), dandelion (Taraxacum), greenbriar (Smilax), black cherry (Prunus serotina), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), English ivy (Hedera helix), Russian olive (Elaeagnus angustufolia), common boneset (Eupatorium perfoliatum), green ash (Fraxinus pennsylvanica), American holly (Ilex opaca), Japanese privet (Ligustrum japonicum), and wisteria. Based on our literature review, habitat identification, and targeted survey, is not present at the site. ECS has determined that there will be the Sunflower or other Threatened and Endangered Species concerning the proposed project. ECS requests that your office provide written concurrence that development at the project area would have no effect on these species. Please contact Ron Johnson at (704) 995-3963, or via email at rgjohnson@ecslimited.com if you have questions or require additional information. Closure We appreciate your assistance. Please forward your concurrence to Mr. email at rgjohnson@ecslimited.com. Please let us know if you have any questions concerning the site or this request. ECS Southeast, LLP Ron Johnson W. Brandon Fulton, LSS, PSC, PWS Environmental Senior Project Manager Environmental Principal rgjohnson@ecslimited.com Enclosures: Figures Photos wƚǞğƓ aźƌƌ .ƚƷğƓźĭğƌ {ǒƩǝĻǤ tŷƚƷƚƭ {ĻƦƷĻƒĬĻƩ ЊЍͲ ЋЉЋЊ źĻǞ ƚŅ ǞƚƚķĻķ źƓƷĻƩźƚƩ źĻǞ ƚŅ ƩƚğķƭźķĻ ŷğĬźƷğƷ źĻǞ ƚŅ ƩƚğķƭźķĻ ŷğĬźƷğƷ źĻǞ ƚŅ ƩƚğķƭźķĻ ŷğĬźƷğƷ źĻǞ ƚŅ ƩƚğķƭźķĻ ŷğĬźƷğƷ