HomeMy WebLinkAbout20220374 Ver 1_401 Application_20220301fr.,f DW R
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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
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1.Project Name \[PCN Form A2a\]:
5
2.Work Type: Private Institutional Government Commercial
3.Project Description / Purpose \[PCN Form B3d and B3e\]:
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OXQ!3:'69
4.Property Owner / Applicant \[PCN Form A3 or A4\]:
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5.Agent / Consultant \[PNC Form A5 – or ORM Consultant ID Number\]:
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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 \[PCN Form B2a\]:
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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
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