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HomeMy WebLinkAbout20220439 Ver 1_Juniper Attachments_20220317 March 17, 2022 TO:US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 127 Cardinal Drive Extension Wilmington, NC 28403 Wilmington, NC 28405 RE: Juniper Tract; LCFUMB; BrunswickCounty, NC NWP 27 Application Action ID# SAW-2019-01067 To Whom It May Concern: On behalf of LCFUMB, LLC, Davey ResourceGroup, Inc.is submitting a Pre-Construction Notification form and associated attachmentsfor the Juniper Tract located in Brunswick County, NC.The purpose of the project is to restore, enhance, and preserve wetlands and streams within the site in order to provide compensatory mitigation for authorized stream and wetland impacts with the Lower Cape Fear River Basin. The tract would be incorporatedinto the existing Lower Cape Fear Umbrella Mitigation Bank. The project proposes to permanently impact 1,980 LF of modified stream channelin orderto restore the stream system. Additionally,temporary impacts to1.463 acres of wetlands and 5.75 acres of jurisdictional ditches are needed to remove roadbeds, provide temporary accessthough the site, and fill ditches to restore hydrology. Note that the proposed ditch fill depicted on the site plan drawings is a maximum. The actual fill will be based upon quantities of spoil generated from beds that will be removed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave.,Suite 15, Wilmington, NC 28403 JUNIPER TRACT Lower Cape Fear Umbrella Mitigation Bank Brunswick County, NC PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure5. Mitigation Plan Figure 6. Overall Site Plan Showing Proposed Impacts Figure 7. Detail of Stream Impact & Temporary Wetland Impact #1 Figure 8. Detail of Temporary Wetland Impact #2 Figure 9. Detail of Temporary Wetland Impact #3 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 5.0 SHPO COORDINATION 6.0 EROSION CONTROL PLAN 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure5. Mitigation Plan Figure 6. Overall Site Plan Showing Proposed Impacts Figure 7. Detail of Stream Impact & Temporary Wetland Impact #1 Figure 8. Detail of Temporary Wetland Impact #2 Figure 9. Detail of Temporary Wetland Impact #3 SITE NC DOT Mitigation Site Boiling Spring Lakes Plant Conservation Preserve Legend Dedicated Nature Preserve State Ownership Local Government Ownership Mitigation Bank Boundary © OpenStreetMap (and) contributors, CC-BY-SA 01,0002,0004,000 L:\\Wetlands\\2019\\LMG19.027\\Mitigation Plan\\Figures Feet Boundaries are approximate and not meant to be absolute. ¯ Map Source: ArcGIS Open Street Map, NC Natural Heritage Program Scale applies to 11X17" print. Juniper Tract LCFUMB Brunswick County, NC Figure 1 Vicinity Map 3805 Wrightsville Avenue August 2021 Wilmington, NC 28403 LMG # 19.027 (910) 452-0001 Mfhfoe Njujhbujpo!Cbol!Cpvoebsz Ftsj-!IFSF-!Hbsnjo-!)d*!PqfoTusffuNbq!dpousjcvupst 12-1113-1115-111 M;\]Xfumboet\]312:\]MNH2:/138\]Njujhbujpo!Qmbo\]Gjhvsft Gffu Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ ¯ Nbq!Tpvsdf;!VTHT!Csvotxjdl!Dpvouz!Nptbjd!)Cpmjwb!'!Gvotupo!8/6(!Rvbet* Tdbmf!bqqmjft!up!22Y28#!qsjou/ Kvojqfs!Usbdu MDGVNC Csvotxjdl!Dpvouz-!OD Gjhvsf!3 Upqphsbqijd!Nbq 4916!Xsjhiutwjmmf!Bwfovf Bvhvtu!3132 Xjmnjohupo-!OD!39514 MNH!$!2:/138 ):21*!563.1112 MzCbCSb HpB Sb HpB Nl CED HpB OpC CbC Sb Mz Sb Mz Po Un Sb Qo CbC Mz Nl HpB Sb HpB Up Mz HpB QbB Mp Sb Mz Mp Sb Mz Qo Gp Gp Sb Mp Qo Mp Gp Mfhfoe Qo Mz Csvotxjdl!Tpjmt CED CbC Qo Mz Gp HpB Sb Mp HpB HpB Mz Mz OpC Nl OpC HpB OpC Mz Po HpB QbB HpB Mz HpB Qo Nl Sb Un Qo Mz Mz Up HpB HpB Mfhfoe Mz Nl HpB Uby!Qbsdfm!Cpvoebsz HpB Mz Sb Njujhbujpo!Cbol!Cpvoebsz Sb Sb Ftsj-!IFSF-!Hbsnjo-!)d*!PqfoTusffuNbq!dpousjcvupst Sb 1561:112-911 M;\]Xfumboet\]312:\]MNH2:/138\]Njujhbujpo!Qmbo\]Gjhvsft Gffu Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ ¯ Nbq!Tpvsdf;!OSDT!HJT!Tpjmt!Ebub Tdbmf!bqqmjft!up!22Y28#!qsjou/ Kvojqfs!Usbdu MDGVNC Csvotxjdl!Dpvouz-!OD Gjhvsf HJT!Tpjmt!Nbq 4916!Xsjhiutwjmmf!Bwfovf Bvhvtu!3132 Xjmnjohupo-!OD!39514 MNH!$!2:/138 ):21*563.1112 Mfhfoe Njujhbujpo!Cbol!Cpvoebsz Ftsj-!IFSF-!Hbsnjo-!)d*!PqfoTusffuNbq!dpousjcvupst 1561:112-911 M;\]Xfumboet\]312:\]MNH2:/138\]Njujhbujpo!Qmbo\]Gjhvsft Gffu Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ ¯ Nbq!Tpvsdf;!OD!PofNbq!3131!Bfsjbm!Qipuphsbqiz Tdbmf!bqqmjft!up!22Y28#!qsjou/ Kvojqfs!Usbdu MDGVNC Csvotxjdl!Dpvouz-!OD Gjhvsf 3131!Bfsjbm!Qipuphsbqi 4916!Xsjhiutwjmmf!Bwfovf Bvhvtu!3132 Xjmnjohupo-!OD!39514 MNH!$!2:/138 ):21*563.1112 Spbe!)Up!Cf!Sfnpwfe* Spbe!)Up!Cf!Sfnpwfe* Spbe!)Up!Sfnbjo* Spbe!)Up!Sfnbjo* Mfhfoe Njujhbujpo!Cbol!Cpvoebsz!)NCC*!735/8!bd Ejudift Spbe!)Up!Cf!Sfnpwfe* Spbe!)Up!Sfnbjo* Opo.Sjqbsjbo!Xfumboe!Qsftfswbujpo!)87/7!bd!.!:/7!dsfejut* Opo.Sjqbsjbo!Xfumboe!Foibodfnfou!)Izespmphjd!boe!Wfhfubujwf*!)34/5!bd!.!22/8!dsfejut* Opo.Sjqbsjbo!Xfumboe!Foibodfnfou!)Izespmphjd*!)4:/9!bd!.!24/4!dsfejut* Opo.Sjqbsjbo!Xfumboe!Foibodfnfou!)Wfhfubujwf*!):6/7!bd!.!42/:!dsfejut* Opo.Sjqbsjbo!Xfumboe!Sftupsbujpo!)368/4!bd!.!368/4!dsfejut* Sjqbsjbo!Xfumboe!Foibodfnfou!)5/7!bd!.!3/4!dsfejut* Sjqbsjbo!Xfumboe!Sftupsbujpo!)43/6!bd!.!43/6!dsfejut* Gjstu!Psefs!Tusfbn!Sftupsbujpo!)3-424!mg!.!3-424!dsfejut* \[fsp!Psefs!Tusfbn!Sftupsbujpo!)4-284!mg!.!4-284!dsfejut* \[fsp!Psefs!Tusfbn!Dpssjeps!)8/9!bd!.!1!dsfejut* Opo.Izesjd!Tpjmt!)61/8!bd!.!1!dsfejut* Izesjd!Tpjmt!Opu!Sftupsfe!)47/7!bd!.!1!dsfejut* Qpxfs!Mjof!Fbtfnfou 1561:112-911 M;\]Xfumboet\]312:\]MNH2:/138\]Njujhbujpo!Qmbo\]Gjhvsft Gffu Cpvoebsjft!bsf!bqqspyjnbuf!boe!opu!nfbou!up!cf!bctpmvuf/ ¯ Nbq!Tpvsdf;!FTQ!Bttpdjbuft-!Jod/!Xfumboe!Tvswfz Tdbmf!bqqmjft!up!22Y28#!qsjou/ Kvojqfs!Usbdu MDGVNC Csvotxjdl!Dpvouz-!OD Gjhvsf Njujhbujpo!Qmbo 4916!Xsjhiutwjmmf!Bwfovf Nbq!Ebuf;!903703132 Xjmnjohupo-!OD!39514 MNH!$!2:/138 ):21*563.1112 Temporary Wetland Impact #1: 0.48 ac (channel construction and access) Temporary Wetland Impact #2: 0.043 ac (construction access) Ditch Impact #3: 0.41 ac (2,223 LF x 8 ft) Zero Order Stream Restoration Permanent Stream Impact #1: and Ditch Fill 1,980 LF Ditch Impact #1: 0.25 ac (1,388 LF x 8 ft) Ditch Impact #4: 0.35 ac Zero Order Stream Restoration (2,193 LF x 7 ft) Restored Stream Channel Zero Order Stream Restoration and Ditch Fill Proposed Haul Road Ditch Impact #2: 0.08 ac Ditch Impact #5: 0.31 ac (1,188 LF x 3 ft) (2,688 LF x 5 ft) Temporary Wetland Impact #3: 0.94 ac (construction access) Proposed Haul Road Ditch Impact #12: 0.19 ac (1,351 LF x 6 ft) Ditch Impact #6: 0.30 ac (2,188 LF x 6 ft) Ditch Impact #11: 0.35 ac (2,193 LF x 7 ft) Ditch Impact #7: 1.27 ac (6,908 LF x 8 ft) Ditch Impact #9:1.29 ac Existing Road to be Removed (7,031 LF x 8 ft) Ditch Impact #10: 0.65 ac (4,041 LF x 7 ft) Ditch Impact #8: 0.30 ac (1,837 LF x 7 ft) Property Boundary(~785 ac.) Proposed Haul Road Existing Road to be Removed Existing Wetlands Power Line Easement Wetlands to be Impacted (1.463 acres) Streams to be Impacted (1,0 LF) NOTES: 04509001800 1.Not An Engineered or Survey Drawing. Jurisdictional Ditches to be Impacted (5.75 ac) 2.Parcel Boundaries from Brunswick County GIS. Jurisdictional Ditch (no impact) Revision Date: Date: Project: 3/16/2022NA Non-Jurisdictional Ditch Juniper Tract (LCFUMB) Job Number: Scale: Proposed Restored Stream 1"=900'LMG19.027 Title: Site Plan Showing 3805 Wrightsville Avenue; Suite 15 Drawn By:Figure: Wilmington, North Carolina 28403 Jurisdictional Impacts Zero Order Stream Restoration 6 KCW Telephone: 910-452-0001 L:\\WETLANDS\\2019 WETLANDS FILES\\LMG19.027 --- Juniper Tract, Jon Vincent\\NWP\\Juniper Tract.dwg NA LMG19.027 Figure: Revision Date: Job Number: KCW 1"=150' 3/16/2022 Date: Drawn By: Scale: 2.Parcel Boundaries from Brunswick County GIS. 1.Not An Engineered or Survey Drawing. NOTES: Restoration Detail Stream Impact and Juniper Tract (LCFUMB) Project: Title: Stream Channel Restored Telephone: 910-452-0001 Wilmington, North Carolina 28403 3805 Wrightsville Avenue; Suite 15 Proposed Haul Road 300 150 75 0 Proposed Silt Fence access) Temporary Permanent Stream Impact #1: 1,980 LF (channel construction & Wetland Impact #1: 0.48 ac L:\\WETLANDS\\2019 WETLANDS FILES\\LMG19.027 --- Juniper Tract, Jon Vincent\\NWP\\Juniper Tract.dwg 0 LF) (~785 ac.) Restoration Ditch Impact #1: Zero Order Stream Property Boundary Existing Wetlands Proposed Restored StreamProposed Zero Order Stream Proposed Haul Road Proposed Wetland Impacts (1.463 acres)Proposed Stream Impacts (1,Existing Road to be Removed Ditch Impact #3 Temporary Wetland Impact #2: 0.043 ac (construction access) Proposed Zero Order Stream Restoration Proposed Haul Road Proposed Silt Fence Property Boundary(~785 ac.) Existing Wetlands Proposed Wetland Impacts (1.463 acres) NOTES: 1.Not An Engineered or Survey Drawing. Proposed Stream Impacts (1, LF) 2.Parcel Boundaries from Brunswick County GIS. Proposed Restored Stream 03060120 Proposed Jurisdictional Ditch Impacts (5.75 ac) Proposed Haul Road Revision Date: Date: Project: Existing Road to be Removed 3/16/2022NA Juniper Tract (LCFUMB) Job Number: Scale: Proposed Zero Order Stream 1"=900'LMG19.027 Title: 3805 Wrightsville Avenue; Suite 15 Close Up of Wetland Impact #2Drawn By:Figure: Wilmington, North Carolina 28403 KCW Telephone: 910-452-0001 L:\\WETLANDS\\2019 WETLANDS FILES\\LMG19.027 --- Juniper Tract, Jon Vincent\\NWP\\Juniper Tract.dwg NA LMG19.027 Figure: Revision Date: Job Number: KCW 1"=100' 3/16/2022 Date: Scale:Drawn By: Removed Existing Road to be 2.Parcel Boundaries from Brunswick County GIS. 1.Not An Engineered or Survey Drawing. NOTES: Juniper Tract (LCFUMB) Close Up of Wetland Impact #3 Project: Title: Telephone: 910-452-0001 Wilmington, North Carolina 28403 3805 Wrightsville Avenue; Suite 15 road removal) Impact #3: 0.94 ac Temporary Wetland 200 (construction access & 100 50 0 L:\\WETLANDS\\2019 WETLANDS FILES\\LMG19.027 --- Juniper Tract, Jon Vincent\\NWP\\Juniper Tract.dwg (1,351 LF x 6 ft) Ditch Impact #12: 0.19 ac 0 LF) (~785 ac.) Property BoundaryProposed Restored Stream Existing Wetlands Proposed Jurisdictional Ditch Impacts (5.75 ac)Power Line Easement Proposed Wetland Impacts (1.463 acres)Proposed Stream Impacts (1,Proposed Haul RoadExisting Road to be Removed 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01067 County: Brunswick U.S.G.S. Quad: NC- Funston NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: SP HS LLC Jon Vincent Address: 1015 Ashes Dr. Ste. 202 Wilmington, NC 28405 Telephone Number: 910-256-0101 E-mail: jontvincent@gmail.com Size (acres) 782 acres Nearest Town Bolivia Nearest Waterway Bolivia & Hickman Branch, Mill Creek River Basin Cape Fear USGS HUC 03030005 and 03040207 Coordinates Latitude: 34.071816 Longitude: -78.120178 Location description: The proposed Juniper Tract mitigation site is located on the south side of Mill CreekRoad SE and on the north side of Danford Road, immediately east of Bolivia, NC. 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 entitled, “Section 404/401 Delineation Preliminary Sketch - Post COE Meeting,” dated 8/21/2020. 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 are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There 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 waterson 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. Thewaters 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. We strongly suggest you have this SAW-2019-01067 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. Thewaters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jordan E. Jessop at 910-251-4810 or Jordan.E.Jessop@usace.army.mil. C.Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 09/30/2020. 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.** Ejhjubmmz!tjhofe!cz! KFTTPQ/KPSEBO/F/26261:1659! Corps Regulatory Official: ______________________________________________________ Ebuf;!3131/21/12!25;51;24!.15(11( Date of JD: 09/30/2020 Expiration Date of JD: Not applicable SAW-2019-01067 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: Land Management Group Corey Novak Address: 3805 Wrightsville Avenue - Suite 15 Wilmington, NC 28403 Telephone Number: 910-452-0001 E-mail: cnovak@lmgroup.net Property Owner: SP HS LLC Jon Vincent Address: 1015 Ashes Dr. Ste. 202 Wilmington, NC 28405 Telephone Number: 910-256-0101 E-mail: jontvincent@gmail.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: SP HS LLC,Jon Vincent File Number: SAW-2019-01067 Date: 09/30/2020 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 DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at 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 permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the 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: Jordan E. Jessop CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 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: Jordan E. Jessop, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: 09/30/2020 B.NAME AND ADDRESS OF PERSON REQUESTING PJD: SP HS LLC, Jon Vincent, 1015 Ashes Dr. Ste. 202, Wilmington, NC 28405 C.DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Juniper Tract, SAW-2019- 01067 D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The proposed Juniper Tract mitigation site is located on the south side of Mill CreekRoad SE and on the north side of Danford Road, immediately east of Bolivia, NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NCCounty: Brunswick City: Bolivia Center coordinates of site (lat/long in degree decimal format): Latitude: 34.071816 Longitude: -78.120178 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Bolivia & Hickman Branch, Mill Creek E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 09/30/2020 Field Determination. Date(s): 08/20/2020 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. ƩĻƭƚǒƩĭĻ ͻƒğǤ ĬĻͼ resources in non-wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable 1 2 3 4 5 6 Wetland A 34.089630 -78.113038 ~7.5 ac Wetland Section 404 Wetland B 34.090476 -78.109097 ~0.7 ac Wetland Section 404 Wetland C 34.086748 -78.109189 ~25.4 ac Wetland Section 404 Wetland D 34.085545 -78.116707 ~12.5 ac Wetland Section 404 Wetland E 34.086024 -78.122964 ~0.2 ac Wetland Section 404 Wetland F 34.082855 -78.123263 ~11.6 ac Wetland Section 404 Wetland G 34.083054 -78.125218 ~7.5 Wetland Section 404 Wetland H 34.082581 -78.129668 ~18.2 Wetland Section 404 Wetland I 34.089239 -78.130510 ~14.5 ac Wetland Section 404 Wetland J 34.079587 -78.127030 ~2.2 ac Wetland Section 404 Wetland K 34.082531 -78.118573 ~102.5 ac Wetland Section 404 Wetland L 34.079468 -78.114091 ~11.8 ac Wetland Section 404 Wetland M 34.075607 -78.127051 ~20.8 ac Wetland Section 404 Wetland N 34.076130 -78.131893 ~13.7 ac Wetland Section 404 Wetland O 34.073988 -78.122421 ~1.2 ac Wetland Section 404 Wetland P 34.073166 -78.124255 ~3.0 ac Wetland Section 404 Wetland Q 34.071064 -78.118742 ~19.4 ac Wetland Section 404 Tributary 1 34.087934 -78.122669 ~1877 lf Non-wetland Section 404 waters Tributary 2 34.083906 -78.119074 ~4982 lf Non-wetland Section 404 waters Tributary 3 34.081378 -78.115401 ~1345 lf Non-wetland Section 404 waters Tributary 4 34.080821 -78.117470 ~2006 lf Non-wetland Section 404 waters Tributary 5 34.079664 -78.116901 ~852 lf Non-wetland Section 404 waters Tributary 6 34.075187 -78.115350 ~4038 lf Non-wetland Section 404 waters Tributary 7 34.079557 -78.126161 ~6868 lf Non-wetland Section 404 waters Tributary 8 34.079322 -78.126032 ~6887 lf Non-wetland Section 404 waters Tributary 9 34.077736 -78.129938 ~2346 lf Non-wetland Section 404 waters Tributary 10 34.081057 -78.129679 ~2556 lf Non-wetland Section 404 waters Tributary 11 34.081914 -78.127248 ~2188 lf Non-wetland Section 404 waters Stream 1 34.085697 -78.109784 ~1886 lf Non-wetland Section 404 waters 1.The Corps of Engineers believes that there may be jurisdictional aquatic resources inthe review area, and the requestor of this PJD is hereby advised of his or her optionto request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and theircharacteristics and circumstances when they may be appropriate. 2.In any circumstance where a permit applicant obtains an individual permit, or aNationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP orother general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permitauthorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a profferedindividual permit) or undertaking any activity in reliance on any form of Corps permitauthorization based on a PJD constitutes agreement that all aquatic resources in thereview area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all termsand conditions contained therein), or individual permit denial can be administrativelyappealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, itbecomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an officialdelineation 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 followinginformation: 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, plots or plat submitted by or on behalf of the PJD requestor: Map: “Section 404/401 Delineation Preliminary Sketch - Post COE Meeting” Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Datasheets 1-6, of 6, dated 01/20/2020 Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data: USGS NHD Dataset, data refreshed September 2020 USGS 8 and 12 digit HUC maps: 03030005 Town Creek, 03040208Lockwoods Folly River U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Bolivia Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil SSURGO Dataset. Rains fine sandy loam, 0 to 2 percent slopes, Atlantic Coast Flatwoods, Pantego mucky loam, Goldsboro fine sandy loam, Leon fine sand. National wetlands inventory map(s). Cite name: USFWS NWI data layer State/local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name &Date):ESRI Basemap, access 09/30/2020 or Other (Name & Date): Photographs 1-119, of 119 taken by USACE on August 20, 2020. Photographs 1-30, of 30, taken by USACE on previous site visit on August 14, 2019 Previous determination(s). File no. and date of response letter: Other information (please specify): Data submitted from LMG from twenty hydrological monitoring wells (8 transects) were used to assist in delineating wetland boundaries and ditch drainage effects. Antecedent Rainfall Calculator used to examine precipitation patterns. NC QL2 LiDAR used during review. Previous site visit conducted as part of the mitigation banking process on August 14, 2019. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for laterjurisdictional determinations. Ejhjubmmz!tjhofe!cz! KFTTPQ/KPSEBO/F/26261:1 659! Ebuf;!3131/21/12!25;51;52! .15(11( Signature and date of Regulatory Signature and date of person requesting PJD staff membercompleting PJD (REQUIRED, unless obtaining the signature is 1 09/30/2020 impracticable) 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 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Csvotxjdl!Dpvouz-!OD Efmjofbujpo! Qsfmjnjobsz!Tlfudi!. Nbq!Ebuf;!19.32.31 4916!Xsjhiutwjmmf!Bwfovf Qptu!DPF!Nffujoh Xjmnjohupo-!OD!39514 MNH2:/138 ):21*!563.1112 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as ) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional Local office Raleigh Ecological Services Field Office (919) 856-4520 (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the . 1.Species listed under the Endangered Species Actare threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status pagefor more information. 2.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAMESTATUS West Indian Manatee Trichechus manatus Threatened There is final critical habitat for this species.Your location is outside Marine mammal the critical habitat. https://ecos.fws.gov/ecp/species/4469 Birds NAMESTATUS Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species.Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species.Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened There is final critical habitat for this species.Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/1110 Snails Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act 12 and the Bald and Golden Eagle Protection Act. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1.The Migratory Birds Treaty Actof 1918. 2.The Bald and Golden Eagle Protection Actof 1940. Additional information can be found using the following links: èBhqcr ne Cnmrdqu`shnm Cnmbdqm http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php èLd`rtqdr enq `unhchmf `mc lhnimizing impacts to birds NAMEBREEDING SEASON(IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasetsand is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Actrequirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your Outer Continental Shelfproject webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Studyand the nanotag studiesor contact Caleb Spiegelor Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permitto avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in xntq oqnidbs `qd`, okd`rd rdd sgd FAP åVhat does IPaC use to generate the migratory birds potentially occurring in lx rodbhehdc knb`shnmæ. Okd`rd be aware this report providdr sgd åoqna`ahkhsx ne oqdrdmbdæ ne ahqcr vhsghm sgd 10 jl grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the åmn c`s`æ hmchb`snq (` red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act 12 and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service \[responsible for otters, walruses, polar bears, manatees, and dugongs\] and NOAA Fisheries 3 \[responsible for seals, sea lions, whales, dolphins, and porpoises\]. Marine mammals under the not shown on this list; for additional information on those National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refugesystem must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlandsand other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. PFO3Bd PFO4Ad PFO4A PSS1A PFO4Cd RIVERINE R4SBC A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. 5.0 SHPO COORDINATION SITE North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 3, 2021 Jordan Jessop jordan.e.jessop@usace.army.mil U.S. Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Re:Add Juniper Tract, Lower Cape Fear Umbrella Mitigation Bank, Bolivia, Brunswick County, ER 19-2024 DearMr. Jessop: Thank you for your email of February 10, 2021, regarding the above-referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 6.0 EROSION CONTROL PLAN