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HomeMy WebLinkAbout20220682 Ver 1_401 Application_20220516Staff Review Form NORTH CAROLINA EnNmnmenfei Qea(Uy Updated September4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220682 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Sue Homewood:eads\slhomewood Winston-Salem Regional Office - (336) 776-9800 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/19/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Carolina Container Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Davidson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 7322.1_Carolina Container_PCN_5.16.2022.pdf 6.96MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: ,t 00. Ea+a€r Submittal Date: Is filled in automatically. Page 1 of 21 PCN Form - Version 1.5, September 2020 Office Use Only Corps Action ID no. SAW 2021-02369 Date received: 5/16/2022 DWR project no.Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.884983° Longitude (DD.DDDDDD): 80.054526° Form Version 1.5, September 2020 Pre-Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may 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 40 C.F.R. Section 121.4(a) which states “At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying agency.” In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must 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) *: 4/19/2022, Also talked about permitting during verification site visit. DWR ID # Version (If applicable) A. Processing Information County (counties) where project is located: * Davidson Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ☐ Yes ☒ No 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. 1a. Type(s) of approval sought from the Corps: * ☒ Section 404 Permit (wetlands, streams, waters, Clean Water Act) ☐ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 2 of 21 PCN Form - Version 1.5, September 2020 1b. Permit type(s)? * ☒ Nationwide Permit (NWP) ☐ Regional General Permit (RGP) ☐ 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 separate attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ☐ Yes ☒ No NWP number(s): NWP 39 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the 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 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 mitigation of impacts? ☐ Yes ☒ No If yes, attach the acceptance letter from mitigation bank or in-lieu fee program. 1h. Is the project located in any of NC’s twenty coastal counties? * ☐ Yes ☒ No 1i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ☐ Yes ☒ No ☐ Unknown 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 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1a. Who is the primary contact? * Kari Burton 1b. Primary Contact Email: * kburton@caroconusa.com 1c. Primary Contact Phone: * (###)###-#### (336) 781-4484 1d. Who is applying for the permit/certification? * (check all that apply) ☒ Owner ☐ Applicant (other than owner) 1e. Is there an agent/consultant for this project?* ☒ Yes ☐ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Carolina Container, LLC 2b. Deed Book and Page No.: 2538/0940 2c. Responsible Party (for corporations): Kari Burton 2d. Address * Street Address: 909 Prospect Street Address line 2: Click to enter. City: High Point State/ Province/ Region: North Carolina Postal/ Zip Code: 27360 Country: U.S. 2e. Telephone Number: * (###)###-#### (336) 883-7146 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * kburton@caroconusa.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 4 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: * Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Michael T. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: * (###)###-#### (336) 708-4620 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * mbrame@pilotenviro.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 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Carolina Container 1b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Thomasville, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6787-02-78-8703, 6787-02-78-6615 & 6787-02-78-4603 2b. Property size (in acres): 10.5 2c. Project Address: Street Address: 1225 Trinity Street Address line 2: Click to enter. City: Thomasville State/ Province/ Region: NC Postal/ Zip Code: 27360 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.884983° Longitude (-DD.DDDDDD): * -80.054526° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Hamby Creek 3b. Water Resources Classification of nearest receiving water: * Class C The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? * Yadkin-PeeDee Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 030401030204 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 21 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 site contains a single family residence and associated structures, a delapidated barn, an open  field, and wooded land.  The site is located in a residential/commercial area of Thomasville. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * ☐ Yes ☒ No ☐ Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW 2021-02369 [Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8½ x 11” excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8½ x 11” excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.04 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0.10 acres 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct additional buildings, a railroad spur and parking areas needed to accommodate the growth of Carolina Container Company. 4i. Describe the overall project in detail, including the type of equipment to be used: * The overall project includes the construction of building additions, a railroad spur and associated parking areas to the existing Carolina Container Company. In order to facilitate the proposed development and construct a railroad spur on the southern portion of the site, it is necessary to fill a wetland and pond. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * ☒ Yes ☐ No ☐ Unknown Comments: The site was delineated by Pilot Environmental on November 1, 2021. The site was verified by Mr. David Bailey with the USACE and a PJD was issued (Corps Action ID SAW- 2021-02369, dated 12/4/2021). The NCDEQ-DWR also visited the site on November 30, 2021 and made a buffer determination (letter dated December 20, 2021). The agencies concurred with the delineation as depicted on Drawing 5 (attached). 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Brame/Michael Brame Agency/Consultant Company: Pilot Environmental Other: Click to enter. 5c. If the Corps made a jurisdictional determination, what type of determination was made? * ☒ Preliminary ☐ Approved ☐ Emailed Concurrence ☐ Not Verified ☐ Unknown Page 7 of 21 PCN Form - Version 1.5, September 2020 Corps AID number (ex. SAW-0000-00000): SAW – 2021-02369 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE – November 30, 2021 Site Visit – PJD issued. NCDEQ-DWR – November 30, 2021 Site Visit – Buffer Determination Letter issued. 5d1. Attach jurisdictional determinations. Page 8 of 21 PCN Form - Version 1.5, September 2020 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 Department of the Army authorization but don’t require pre-construction notification. No other permits are intended to be used. Page 9 of 21 PCN Form - Version 1.5, September 2020 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 If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Name* 2d. Wetland Type* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Fill (Incl. Riprap) Permanent WA Bottomland Hardwood Forest Yes Both 0.04 W2 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W3 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.04 ac 2g3. Total wetland impacts 0.04 ac 2h. Comments: In order to develop the site, it is necessary to construct buildings, a railroad spur and parking areas on the site. The railroad spur and building will impact a 0.04 acre wetland on the southern portion of the site. The bulk of the impact is from the proposed building addition footprint. Page 10 of 21 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 Site #* 3a. Impact Reason/ Type* 3b. Impact Duration* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * S1 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft 3i3. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Streams impacts are not proposed. Page 11 of 21 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. Site #* 4b. Impact Reason/ Type* 4c. Impact Duration* 4d. Waterbody Name* 4e. Waterbody Type* 4e1. Jurisdiction Type* 4f. Impact area (ac)* O1 Bank Stabilization/ Fill (Incl. Riprap) Permanent Unnamed (PA) Pond Both 0.10 O2 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. O3 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. O4 Choose one 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 0.10 ac 4g. Total open water impacts 0.10 ac 4h. Comments: The pond impact is from the proposed railroad spur, building and associated grading. 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. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Pond or lake construction is not proposed. 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 12 of 21 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. 6a. Project is in which protected basin(s)? * (Check all that apply.) ☐ Neuse ☐ Tar-Pamlico ☐ Catawba ☐ Jordan ☐ Goose Creek ☐ Randleman ☐ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 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. 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: Buffer impacts are not proposed. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 13 of 21 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: * The existing Carolina Container Company facility is situated on an 18-acre tract located west of the proposed expansion area (subject site). Approximatelly 1/3 of the 18-acre tract remains wooded. Hamby Creek and associated wetlands are located within the wooded area. Carolina Container Company has avoided impacts to these areas by purchasing the 10.5-acre tract that is proposed for development with the expansion and railroad spur. Designing the development on a greenfield site would likely result in more impacts to streams and wetlands than the proposed design. 1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * Best management practices will be used to limit and prevent sediment from running off the site and impacting off-site surface waters and wetlands. 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? * (check all that apply) ☐ DWR ☐ Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) ☐ Mitigation Bank ☐ 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 District’s RIBITS website: (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: Click to enter. acres 4f. Non-riparian wetland mitigation requested: Click to enter. acres Page 14 of 21 PCN Form - Version 1.5, September 2020 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 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 the amount of mitigation proposed. 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 that requires buffer mitigation? ☐ Yes ☒ No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 NC Division of Mitigation Services proposed? ☐ Yes ☒ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 15 of 21 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 identified within one of the NC Riparian Buffer Protection Rules? ☐ Yes ☒ No 1b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse 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. What Type of SCM are you providing? (Check all that apply) ☐ Level Spreader ☐ Vegetated Conveyance (lower seasonal high water table- SHWT) ☐ Wetland Swale (higher SHWT) ☐ Other SCM that removes minimum 30% nitrogen ☐ 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. Is this an 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 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. IS the project over an acre? ☒ Yes ☐ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- approved local government stormwater program? * ☒ Yes ☐ No 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-lieu programs should answer “no” to this question. 2e. Which of the following stormwater management program(s) apply? (Check all that apply) * ☒ Local Government ☐ State If you have local government approval, please include the SMP on their overall impact map. Page 16 of 21 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs * ☒ Phase II ☐ USMP ☐ NSW ☐ Water Supply Please identify which local government stormwater program you are using.* Thomasville State Stormwater Programs * ☐ Phase II ☐ HQW or ORW ☐ Coastal Counties ☐ Other Comments: Click to enter. Page 17 of 21 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) funds or the use of public (federal/state) land? * ☐ Yes ☒ No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * ☐ Yes ☐ No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) * ☐ Yes ☐ No Comments: A NEPA or SEPA is not required. 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), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * ☐ Yes ☒ No 2b. If you answered “yes” to the above question, provide an explanation of the violation(s): 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 downstream water quality? * ☐ Yes ☒ No 3b. If you answered “no”, provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 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. Sewage will be discharged into existing sewer lines that are located on the site. Additional impacts associated with sewage disposal are not proposed. Page 18 of 21 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 species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ [fws.gov]) * ☒ 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. Choose one 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 U.S.? * ☐ Yes ☒ No 5g. Does this project involve bridge maintenance or removal? * ☐ Yes ☒ No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ☐ Yes ☒ No 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, mechanized pile drivers, etc.? * ☐ Yes ☒ No 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? * US Department of the Interior – Fish and Wildlife Service Official Species List from IPaC 3 listed species are identified on the IPaC report (attached). Northern long-eared bat, monarch butterfly and Schweinitz’s sunflower are federally listed species. There will be tree clearing required on the site. The client will rely on the 4d rule for the Northern Long-eared bat. The fields on the site are routinely mowed to the wooded/pond edges. Potential habitat for monarch butterfly and Schweinitz’s sunflower were not observed within the proposed project impact areas. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ☐ Yes ☒ No Are there submerged aquatic vegetation (SAV) around the project vicinity? * ☐ Yes ☒ No ☐ Unknown Will this project affect submerged aquatic vegetation? * ☐ Yes ☒ No ☐ Unknown Explain: Click to enter. Page 19 of 21 PCN Form - Version 1.5, September 2020 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * Essential Fish Habitat Mapper – NOAA Fisheries Page 20 of 21 PCN Form - Version 1.5, September 2020 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 preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * ☐ Yes ☒ No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified on the site. Listed properties are located approximately 675 feet and farther from the site. A copy of the SHPO Map is included as an attachment. 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. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service – Drawing 4 (Attached) Page 21 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested 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 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”); The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”); 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: * Michael T. Brame Signature: * 5/16/2022 proposal for Environmentoi Services Pilot Proposal 7322.1 March 28, 2022 AGENT AUTHORIZATION This form authorizes Pilot to ct as our agent in stream/wetland matters including U.S. Army Corps of Engineers and Nort Carolina Division of Water Resources field verification and permitting. Property Address: 1225 Trinity Street Applicant Information: Name: Address: Telephone Number: Fax Number: E-mail Address:. Thomasville, NC 27360 Carolina Container, LLC k09 Prospect Street }sigh Point, NC 27260 336-883-7146. kburton@caroconusa.com Date: .417/22 Parcel Info            Parcel Info    USGS Topographic Map Trinity Street Approximate 10.5‐Acre Tract Thomasville, Davidson County, NC Pilot Project 7322 Drawing 1 USGS Topographic Map Winston Salem, NC Quadrangle Scale:  1” = 2,000’ LEGEND Site Boundary • L. f 0 _- . IF •jri ! . V . ,. ,' *e 111111111111111 14 . l'Ir \ ' .t .!_ . I. _. , r� 1:- ell ' . .14 .ar .:1.1 4. IP ikr . Nii• ., ria LEGEND Site Boundary , Drawing 2 i Web Soil Map USDA Web Soil Survey Trinity Street s., Of Forsyth County NC pI'�Q7, ,t Approximate 10.5-Acre Tract Scale: 1 = 300 Thomasville, Davidson County, NC O T ENVIRONMENTAL V I R O N M E N T A L INC PILOT C Pilot Project 7322 Published Soil Map Trinity Street Approximate 10.5‐Acre Tract Thomasville, Davidson County, NC Pilot Project 7322 Drawing 2A USDA Soil Survey of Forsyth County, NC Published 1976, Sheet 45 Scale:  1” = 300’ LEGEND Site Boundary r __ ' ( 0 ii ' 1 ilk 40 s qk # Allir '1 . 4 f `` l, '`' !I .\\::%. il% t 4. \ . _.. _ _ . , . --- iii , • .., it .. ., . , . , _ ... _ _. _ _ 0 _ .... , . • .1\11, . - \ \\ ts,iPll.IPk-.-t -,.ir ..,..z,... N.....' LEGEND Site Boundary Freshwater Emergent Freshwater Boundary] and Marine Deepwater - Estuarine and Marine Freshwater Pond -Lake Riverine L Other 4,. #' NWI Map Drawing 3 ; b USFWS NWI `� '` v Trinity Street Wetlands Mapper ,,,, Approximate 10.5-Acre Tract Scale: 1" = 300' P11.01 Thomasville, Davidson County, NC PILOT ENVIRONMENTAL INC Pilot Project 7322 — f w ii„ PANEL ..- 371.0 6788 UO J - r. - -a. —, . if' I:2f�2008 , PANEL Fri ' - _ 7'1a678800J off, 3; I EOO9 43 . . J. .F li 1. .-, ilii iii 1041. 1 . "I ,.j6 1 Mill li7111111 - . If i 1-6d,r • • e . - _CD ._ r,..5 _ . I. • LF1 . . .._ . • _ . It • :ion- •E , „ P : + , 3/1 l•200` % " P F EL i 371 .7:?OOJ • It M - ira--01 III. . 1 - •1Lri.A�. MUM ..t47.0.. ' -\ - . LEGEND " Site Boundary 46196Annual Chance Flood Hazard ..• Regulatory Floodvay ,4! Special Floodvay Area of Undetermined Flood Hazard 0.2%Annual chance Flood Hazard ..... r Future Conditions'I%Annual Chance Flood Hazard Ed Area with Reduced Risk Due to Levee I Drawing 4 f 3 FEMA FIRM National Flood Hazard Layer ?s, " Trinity Street From FEMA Web Map Service - Approximate 10.5-Acre Tract Scale: 1" = 400' p����T P I LOT E N V I R O N M E N T A L I N C Thomasville, Davidson County, NC Pilot Project 7322 lt, :fir M - -)d..... .- - 4 A • t. ? # _ \ F ;, .. • t ,_ O DP-1 WA 1-20 , ' - • 1. (0.04 ac) DP-2■O DP-30 PA (0.10 ac) LEGEND • -- • •- . Site Boundary Wetland SA1-5 Flag Number/Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. JEAN GIBBY WITH .. THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON NOVEMBER 30, 2021.THIS EXHIBIT DP-10 Data Point INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL Culvert ON 11.01.21. ji rr. - Drawing 5 ,, Wetland Map 2019 Satellite Imagery from ESRI ` ' '" " ., Trinity Street and Pilot GPS Data a: Approximate 10.5-Acre Tract Scale: 1" = 300' P11,01, AThomasville, Davidson County, NC Date: 12.01.21 P I LOT E N V I R O N M E N T A L.I N C Pilot Project 7322 GGGGGGGGGGGGGGGGGGGTRINI T Y S T R E E T 50' R/ W UNITY STREET50' R/W PIN : 6787-02-68-5397 CAROLINA CONTAINER COMPANY D.B 2034 P.G. 1126 ZONING M1 PIN : 6787-02-87-4707 WHITEWOOD HOLDINGS LLC D.B 2233 P.G.274 ZONING M1 PIN : 6787-02-77-3620 YOUNTS GARY J YOUNTS PANSY D.B 171 P.G.1983 ZONING M1 PIN : 6787-02-89-3080 UNITY HOLDINGS LLC D.B 1798 P.G. 137 ZONING M1 PIN : 6787-02-88-4572 DRIGGERS RYAN DALE DRIGGERS AMBER JOHNSON D.B 2163 P.G. 2082 ZONING M1 PIN : 6787-02-79-5320 J & H CORPORATION OF THE CAROLINAS D.B 1266 P.G. 291 ZONING M1 PIN : 6787-02-78-2929 THOMASVILLE HOUSING AUTHORITY D.B 589 P.G. 97 ZONING R8 PIN : 6787-02-69-9203 THOMASVILLE HOUSING AUTHORITY D.B 589 P.G. 97 ZONING R8 PIN : 6787-0279-9394 HANSON ROBERT K TRUSTEE HANSON BARBARA D.B 2459 P.G. 1773 ZONING M1 PIN : 6787-02-89-1445 GW LOFLIN & ASSOCIATESS LLC D.B 2374 P.G. 1689 ZONING M1 PIN : 6787-02-79-9555 LOVICK AYESHA D.B 2504 P.G. 547 ZONING R10 PIN : 6787-02-89-3650 JSWAIM AUSTIN TOMLINSON JR D.B 2456 P.G. 123 ZONING R10 EX. RA ILROAD (APPROX 100 ' )R/W VAR IES PIN : 6787-02-68-4843 MORRIS LISA G NULL D.B 2140 P.G. 726 ZONING R10 PIN : 6787-02-69-5011 SAVANNAH PK CONDO- COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-69-4146 SAVANNAH PK CONDO - COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-69-9203 SAVANNAH PK CONDO COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-69-0097 BROOKS TERRY W D.B 2207 P.G. 684 ZONING R10 PIN : 6787-02-68-1819 SAVANNAH PK CONDO-COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-68-2860 SAVANNAH PK CONDO - COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-68-1927 SAVANNAH PK CONDO COMMON D.B NULL P.G. NULL ZONING R8 PIN : 6787-02-58-6673 UTZ LARRY W D.B 651 P.G. 504 ZONING M1 PIN : 6787-02-58-6379 HILL HOLDINGS LLC D.B 1480 P.G. 1176 ZONING M1 PIN : 6787-02-69-0209 HUNT DORIS TURNER D.B 2158 P.G. 1 ZONING R10 PIN : 6787-02-69-1249 ARREDONDO ARTURO ALEJANDRO ALEJOS BOTELLO CLAUDIA LIZBETH AVILA D.B 2256 P.G. 617 ZONING R10 PIN : 6787-02-69-0289 BUTZ JAMES D BUTZ ERLINDAT D.B 1021 P.G. 710 ZONING R10 PIN : 6787-02-69-2350 NICHOLSON DONNIE B JR D.B 2353 P.G. 1894 ZONING R10 PIN : 6787-02-69-5612 TARHEEL PROPERTIES D.B 1559 P.G. 648 ZONING M1 PIN : 6787-02-69-0428 EDWARDS MICHELLE A D.B 1599 P.G. 321 ZONING R10 PIN : 6787-02-69-1409 MARTINEZ LUIS A ALAYON D.B 2336 P.G. 1647 ZONING R10 PIN : 6787-02-69-2464 CLARK ANGELA MARIE D.B 1351 P.G. 1110 ZONING R10 8' LANDSCAPE BUFFER 20' S E T B A C K 35' SETBACK 30.45' 612'70'ASPHALTDRIVE ASLEUNDERGROUNDSCMUNDER G R O U N D SCM 35.23'9.10 '340' EX SSMH EX SSMH EX HYDRANT EX HYDRANT 50' BUFFER 100 YEAR FLOOD ZONE 100 YEAR FLOOD ZONE 650' 77' CONCR E T E LOADI N G AREA 111' ASPH A L T DRIVE A I S L E99'CONCRETELOADINGAREAEXISTING BUILDING EXISTING PARKING LOT EXISTING PARKING LOT EXISTING PARKING LOT PROPOSED BUILDING 221,000 SF EX. RAIL ROAD CITY L IM ITS PROP. RAIL EX. WETLANDS AND POND TO BE DISTURBED (SEE USACE EXHIBIT)654321NO.DATEREVISION NOTESCALE: REF. NO.: - PROJECT NO.:03480.003 DATE: CHECKED BY: DRAWN BY: OF SHEET \\192.168.1.150\Engineering\Drawings_&_Projects\PROJ\03480.003 Carolina Container Thomasville\Drawings\SheetsPROJECT LOCATION:CITY: THOMASVILLECOUNTY: DAVIDSONSTATE: NORTH CAROLINAOWNER INFORMATION:KARI BURTONSR OPERATION MANAGERCAROLINA CONTAINER LLC1205 TRINITY ST THOMASVILLE , NC 27360PRELIMINARY NOT FOR CONSTRUCTION VICINITY MAP 1"=2000'Civil Engineers and Land Surveyors8518 Triad Drive, Colfax, NC 27235www.feiconsulting.com(336) 852-9797License No. C-0950FEICAROLINA CONTAINER THOMASVILLENC STATE PLANE GRIDNAD 83 (2011)SITE UNITY S T R E E T TRINITY STR E E T SITE DATA: RILEY MILTON T JR PIN: 6787-02-78-8703 D.B. 1205 P.G. 487 RILEY MILTON T JR PIN: 6787-02-78-6615 D.B. 1560 P.G.835 RILEY MILTON T JR PIN: 6787-02-78-4603 D.B.1612 P.G.671 TOTAL AREA: 10.44 ACRES ZONING: EXISTING ZONING: M1 PROPOSED ZONING: N/A DEVELOPMENT STANDARDS: MINIMUM LOT WIDTH: 100' FRONT SETBACK:35' SIDE SETBACK: 20' REAR SETBACK: 20' MAXIMUM HEIGHT:35' 100 0 100 200 40050NC STATE PLANE GRIDNAD 83 (2011)1" = 100' MB 05/13/2022 BCSKETCH PLAN1 2 8868888908928928948948 8 6 8 8 8 8 9 0 890 WETLAND AREA: 930 SF TO BE DISTURBED PROP. RAIL PROP. BLDG 87' OF PERM . D ISTURBANCE POND AREA: 4451 SF TO BE DISTURBED 84' OF PERM . D ISTURBANCE 45' OF PERM. DISTURBANCE PROP. CONCRETE PROP. ASPHALT EX. RAILROAD WETLAND AREA: 664 SF TO BE DISTURBED 20' OF PERM. DISTURBANCE WETLAND AREA: 278 SF TO BE DISTURBED 654321NO.DATEREVISION NOTESCALE: REF. NO.: - PROJECT NO.:03480.003 DATE: CHECKED BY: DRAWN BY: OF SHEET \\192.168.1.150\Engineering\Drawings_&_Projects\PROJ\03480.003 Carolina Container Thomasville\Drawings\SheetsPROJECT LOCATION:CITY: THOMASVILLECOUNTY: DAVIDSONSTATE: NORTH CAROLINAOWNER INFORMATION:KARI BURTONSR OPERATION MANAGERCAROLINA CONTAINER LLC1205 TRINITY ST THOMASVILLE , NC 27360PRELIMINARY NOT FOR CONSTRUCTION VICINITY MAP 1"=2000'Civil Engineers and Land Surveyors8518 Triad Drive, Colfax, NC 27235www.feiconsulting.com(336) 852-9797License No. C-0950FEICAROLINA CONTAINER THOMASVILLENC STATE PLANE GRIDNAD 83 (2011)SITE UNITY S T R E E T TRINITY STR E E T SITE DATA: RILEY MILTON T JR PIN: 6787-02-78-8703 D.B. 1205 P.G. 487 RILEY MILTON T JR PIN: 6787-02-78-6615 D.B. 1560 P.G.835 RILEY MILTON T JR PIN: 6787-02-78-4603 D.B.1612 P.G.671 TOTAL AREA: 10.44 ACRES ZONING: EXISTING ZONING: M1 PROPOSED ZONING: N/A DEVELOPMENT STANDARDS: MINIMUM LOT WIDTH: 100' FRONT SETBACK:35' SIDE SETBACK: 20' REAR SETBACK: 20' MAXIMUM HEIGHT:35'NC STATE PLANE GRIDNAD 83 (2011)1" = 20' JRA 05/13/2022USACE EXHIBIT20 0 20 40 8010 BC DISTURBANCE BREAKDOWN WETLAND AREAS: 1:930 SF 2:664 SF 3:278 SF TOTAL WETLAND DISTURBANCE: 1872 SF POND DISTURBANCE: 4451 SF TOTAL AREA OF DISTURBANCE: 6323 SF (0.145 ACRES) 2 2 SAW-2021-02369 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.SAW-2021-02369 County:Davidson U.S.G.S.Quad:NC-High Point West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Pilot Environmental,Inc. Michael Brame Address: Post Office Box 128 Kernersville,NC 27285 Telephone Number: 336-310-4527 E-mail: mbrame@pilotenviro.com Size(acres) 10.5 Nearest Town Thomasville Nearest Waterway North Hamby Creek River Ba sin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude:35.884956 Longitude:-80.054646 Location description:10.5 acres located southwest of the intersection of Trinity Street and Unity Streets,1227 Trinity Street,in Thomasville,North Carolina. PINs 6787-02-78-4603,6787-02-78-6615,6787-02-78-8703. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters,including wetlands on the above-describedproject area/property,that maybe subject to Section404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403).The waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/1/2021.Therefore, this preliminary jurisdiction determination maybe used in the permit evaluation process,including determining compensatory mitigation.For purposes ofcomputation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on thebasis 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. El There appear to be waters,including wetlands on the above-described project area/property,that maybe subject to Section404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 ofthe Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters,including wetlands,have notbeenproperly delineated,this preliminary jurisdiction determination may not be used in the permit evaluationprocess. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of C WA/RHA jurisdiction over all of the waters,including wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters, including wetlands 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 ofthe United States within the above-described project area/property subj ectto the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 ofthe Clean Water Act (CWA)(33 USC§ 1344). Unless there is a change in law or ourpublished regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are waters,including wetlandson 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 ourpublishedregulations,this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification. ❑We recommend you have the waters,including wetlands on your proj ect 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 verifiedby the Corps. SAW-2021-02369 ❑The waters,including wetlands on yourproj ectarea/propertyhave 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 this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey willprovide an accurate depiction o f a ll areas subj ect to C WA 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,including wetlands have been delineated and surveyed and are accurately depicted on the plat signedby the Corps Regulatory Official identified below on DATE.Unless there is a change in the law or ourpublished regulations,this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above-describedproject area/property which are subjectto the permit requirements of Section 404of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification. ❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division o f 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 ofthe Army permit may constitute a violation of Section 301 of the Clean Wa ter Act(33 USC§ 1311). Placement of dredged or fill material,construction or placementof structures,or work within navigable waters ofthe United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers andHarbors Act(33 USC§401 and/or403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Jean B.Gibby at(919)554-4884,Ext.24 or Jean.B.Gibby@usace.army.mil. C. Basis For Determination:Basis For Determination: See the preliminary jurisdictional determination form dated 12/04/2021. D. Remarks: REMARKS 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 maynotbe valid for the wetland conservationprovisions of theFood Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate p articipation 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) If you object to this determination,you may request an administrative appeal under Corps regulations at33 CFR Part 331. Enclosed you will find a Notification o f App eal Pro c ess(NAP)fact sheet and Request for Appeal(RFA)form. Ifyourequest to appeal this determination you must submit a c ompleted RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,FloorM9 Atlanta,Georgia 30303-8803 AND PH I LI P.A.SHANNIN@U S ACE.ARM Y.MIL In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days ofthe date ofthe 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: _ e.66 SAW-2021-02369 Date ofJD:12/04/2021 ExpirationDate ofJD:Not applicable 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=13 6:4:0 Copy furnished: Property Owner: Milton T.Riley,Jr. Address: 317 Julian Avenue Thomasville,NC 27360-2901 Telephone Number: 336-475-1192 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Pilot Environmental,Inc.,Michael Brame File Number:SAW-2021-02369 Date: 12/04/2021 Attached is: See Section below ▪ INITIAL PROFFERED PERMIT(Standard Permit or Letter ofpermission) 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 yourrights and options regarding an administrative appeal of the above decision. Additional information may be found at orhttp://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 jurisdictionaldeterminations 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 yourright to appealthe permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the permit to address allof 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 appealthe 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess 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 underthe 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 appealthe approved JD. • APPEAL: If you disagree with the approved JD,you may appealthe approved JD underthe Corps of Engineers Administrative AppealProcess 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 contactingthe Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 11 Mir SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your rea sons 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 ormeeting,and any supplemental information that the review officerhas 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 regardingthe appealprocess you may appealprocess you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A.SHANNIN Attn: Jean B.Gibby ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 3331 Heritage Trade Drive,Suite 105 ATLANTA,GEORGIA 30303-8803 Wake Forest,North Carolina 27587 PHONE:(404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appealprocess. 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:Jean B.Gibby,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.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 3 0303-8801 Phone:(404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: November 2, 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Brame, Pilot Environmental, Inc. Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington,Trinity Street, SAW 2021-02369 PROJECT LOCATION(S) AND BACKGROUND INFORMATION:The site is located south of Trinity Street in Thomasville, Davidson County,North Carolina. The site contains a single-family residence, out-buildings, wooded land and a field. The site is proposed for development with the proposed expansion of Carolina Container,LLC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:North Carolina County/parish/borough:Davidson City: Thomasville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.884956°Long.: - -80.054646° Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Hamby Creek D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 30 November 2021 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource review area(acreage wetland vs.non- "may be"subject(i.e., and linear feet,if wetland waters) Section 404 or Section applicable 10/404) WA 1-20 35.884538° -80.054041° 0.04 ac Wetland 404 PA 35.884415° -80.053977° 0.10 ac Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD,which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area,the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD(check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters'study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ®U.S.Geological Survey map(s).Cite scale&quad name: Drawing 1 ® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2&2A ®National wetlands inventory map(s). Cite name: Drawing 3 ❑State/local wetland inventory map(s): ®FEMA/FIRM maps: Drawing 4 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial(Name & Date):Drawing 5 or DOther(Name&Date): ❑ Previous determination(s). File no. and date of response letter: ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ti1) November 2, 2021 5. /1;64_ 4 December 2021 ignature and of egulatory Signature and date of person staff member completing PJD requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 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. V' 41 '. )\\,N.N44 1,"4 • • • * • ti wi s. A O DP-1 WA 1-20 (0.04 ac) DP-2 0 • • DP-30 PA (0.10 ac) • LEGEND Site Boundary C Pond Wetland SA1-5 Flag Number/Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. JEAN GIBBY WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON NOVEMBER 30, 2021.THIS EXHIBIT DP-10 Data Point INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL Culvert ON 11.01.21. 4}. .r Drawing 5 Wetland Map 2019 Satellite Imagery from ESRI ''r "% .' • Trinity Street and Pilot GPS Data ) Approximate 10.5-Acre Tract Scale: 1" = 300' PILOT Thomasville, Davidson County, NC Date: 12.01.21 • PILOT E N V I R D N M E N T A l.I N C Pilot Project 7322 DocuSign Envelope ID: E7437155-7782-485D-9346-DC80B9808BD3 F,vc STATE oFti.„ ,/, •Hpv o.i3 O i ROY COOPER '� J a Governor ,-`a O l ELIZABETH S.BISER ` y s'k. �_` Secretary ^D"' ' S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 20, 2021 VIA ELECTRONIC MAIL ONLY David Brame Pilot Environmental Inc. dbrame@pilotenviro.com Subject: On-Site Determination for Applicability to the 401 Certification Mitigation Rules (15A NCAC 02B .0506(c)) Subject Property: Trinity St,Thomasville NC, Davidson County Dear Mr. Brame: On November 30, 2021, I conducted an on-site determination with you and Michael Brame to review features located on the subject project for stream determinations with regards to the above noted state regulations. Jean Gibby with the US Army Corps of Engineers (USACE) was also present during the site visit. The Division acknowledges any and all areas and boundaries identified as jurisdictional wetlands by the USACE. The attached initialed and dated sketch accurately depicts all Division stream determinations conducted during the site visit. At the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. Please note that these regulations may be subject to change in the future. This on-site determination shall expire five (5)years from the date of this letter. The owner(or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. Landowners or affected parties that dispute this determination made by the Division may request a determination by the Director of Water Resources. This determination is final and binding, unless an appeal request is made within sixty(60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.) Paul Wojoski - DWR 401 & Buffer Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor Permitting Branch Supervisor 1617 Mail Service Center 512 N Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 �D_E Q North Carolina Department of Environmental Quality I Division of Re Winston-Salem Regional Office 450 West Hanes Mill Road,Suite 300Water Winstonsources Salem,North Carolina 27105 NORTH CAROLINA Departmental Environmental Quality 336.776.9800 DocuSign Envelope ID: E7437155-7782-485D-9346-DC80B9808BD3 Page 2 of 2 This letter only addresses the features on the subject property and/or within the proposed project area and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call me at 336-776-9693 or sue.homewood@ncdenr.gov.This determination is subject to review as provided in Articles 3 &4 of G.S. 150B. Sincerely, DocuSigned by: Moni.&wood "-456ED631098F411... Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Wetland Map - initialed and dated Electronic Cc: Milton T. Riley,Jr., 317 Julian Ave,Thomasville NC 27360 Jean Gibby, USACE Raleigh Regulatory Field Office DWR,Winston-Salem Regional Office D E Q North Carolina Department Enn Quality I er Resources O00 Winston Salem Regional Officeof 4vironme50 West tal Hanes Mill RoadDivision,Suiteof 300Wat Winston Salem,North Carolina 27105 NORTH CAROLINA Department mEnvironmental Quality 336.776.9800 DocuSign Envelope ID: E7437155-7782-485D-9346-DC80B9808BD3 12/20/2021 Wetland Map Trinity Street Approximate 10.5-Acre Tract Thomasville, Davidson County, NC Pilot Project 7322 Drawing 5 2019 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1” = 300’ Date:12.01.21 DP-1 DP-3 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS.JEAN GIBBY WITH THE USACE AND MS.SUE HOMEWOOD WITH THE NCDEQ-DWR ON NOVEMBER 30,2021.THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.DELINEATION CONDUCTED BY PILOT PERSONNEL ON 11.01.21. LEGEND Site Boundary Pond Wetland Flag Number/Feature ID Data Point Culvert SA 1-5 DP-1 WA 1-20 (0.04 ac) PA (0.10 ac) DP-2 DocuSign Envelope ID: E7437155-7782-485D-9346-DC80B9808BD3 12/20/2021 x `ter FI WMLIFE' re) United States Department of the Interior FISH AND WILDLIFE SERVICE k$% Asheville Ecological Services Field Office 160 Zillicoa Street Asheville,NC 28801-1082 Phone: (828)258-3939 Fax: (828)258-5330 http://www.fws.govinc-es/es/countyfr.html In Reply Refer To: May 05, 2022 Project Code: 2022-0039570 Project Name: Carolina Container Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service)under section 7(c) of the Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment(BA) or biological evaluation (BE) should be completed for your project.A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or 05/05/2022 2 critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action.A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at-risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project- related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Migratory Birds ■ Wetlands 05/05/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/05/2022 2 Project Summary Project Code: 2022-0039570 Event Code: None Project Name: Carolina Container Project Type: New Constr -Above Ground Project Description: The site is proposed for expansion of their existing facility. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.goog1e.com/maps/@35.88488195,-80.05442469294562,14z Counties: Davidson County, North Carolina 05/05/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9045 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/05/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system 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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 05/05/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area.When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. 05/05/2022 2 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN.. This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding,wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or(for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 05/05/2022 3 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam 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 permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 05/05/2022 1 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S.Army Corps of Engineers District. Please note that the NWI data being shown may be out of date.We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 05/05/2022 2 IPaC User Contact Information Agency: Pilot Environmental, Inc. 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