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HomeMy WebLinkAbout20140685 Ver 1_401 Application_20140714a P I L O T • E N V I R O N MENTAL • I N U• June 26, 2014 Ms. Karen Higgins NC DWR, 40f/Wetlands Unit 1650 Mail, Service Center Raleigh, NC 27699 -1650 Subject- Pre - Construction Nofification'Application Request for 401 Water Quality Certification Proposed Pepsi Expansion 350 Enterprise Boulevard Winston- Salem, Forsyth County, North Carolina Dear Ms. Higgins Please find attached four copies of the Pre - Construction Notification Application for the above referenced site. The site contains wooded land Pepsi bottling /distribution facility is located on adjacent property. They have out -grown their current location and need to expand To accommodate growth, it is necessary to construct,a truck parking area and associated access roads on the site. The access roads associated with the proposed project will temporarily impact 22 linear feet of stream channel and permanently impact 293 linear feet of perennial stream channel and 0 00'5.,acres of wetland. Mitigation is proposed ,through the NCEEPF ",k, I am requesting that a 401 Water Quality Certification be issued to authorize, the proposed impacts. There are no additional wetland.or stream impacts proposed at,this time. Release feel free to contact me at, 336 -708 -4620 if you have any questions concerning this request or if'additional information is required. Thank you in advance for your timely conside"_ration of this matter, Sincerely, 11�4J -7 4,00w, Michael' T Brame, PWS Environmental Principal Attachment Pre - Construction Notification Application www pilotenviro com Qafl� 11 AT �pG h $ PAID Office Use Only: Corps action ID no. 2 0 1 4 0 6 8 5 DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form – Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes x❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes X❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Project Information 2a. Name of project: Pepsi Bottling - 350 Enterprise Park Boulevard 2b. County: Forsyth 2c. Nearest municipality / town: Winston -Salem Subdivision name: 2e. NCDOT only, T.I.P. or state project no: � I tv-6041112d. 3. Owner Information 3a. Name(s) on Recorded Deed: Forsyth County Development Corporation 3b. Deed Book and Page No. Block 6353, Lot 010 Brand, Bob Leak 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1080 West 4TH Street 3e. City, state, zip: Winston - Salem, NC 27101 3f. Telephone no.: 336- 723 -8955 3g. Fax no.: 336- 761 -1069 3h. Email address: rleak @wsbusinessinc.com Page 1 of 10 PCN Form – Version 1.4 January 2009 4. Applicant Information (if different from owner,) 4a Applicant is ❑ Ageht ❑X Other, specify Buyers 4b Name Scott Jamison 4c Business name (if applicable) Pepsi Bottling Ventures, L' LC' 4d Street address 441 Park Lake Boulevard, Suite 600 4e City,, state, zip Raleigh, North Carolina 27612 4f Telephone no 919- 865'2337 4g Fax no 919 - 783 -6925 4h Email,-address scott iamison @pbvllc corn 5. Agent/Consultant Information [(if'applicable) 5a _Name Michael Brame 5b Business name (if applicable) Pilot Environmental, Inc 5c Street address 120 1/2 North Main Street, 5d City, state, zip Kernersville, North Carolina 27285 5e Telephone no 336- 708 -4620 5f Fax no - 5g Email�address mbrame @pilotenviro corn Page 2 of 10 B. Project Information andl Prior,Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 6863 -24 -3146 00 1b Site coordinates (in decimal degrees) Latitude 36 036872 Longitude - 80142189 1c Property size 1039 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Sawmill Branch 2b Water Quality Classification of nearest receiving water Class C 2c River basin Yadkin /Pee -Dee 3. Project Description 3a' 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�wooded land Surrounding properties,contain`wooded land and light industrial businesses A Pepsi bottling and distribution facility is located on adjacent property west of the site Additional light industrial businesses and residences are located,farther from the site 3b List the total estimated acreage of all existing,wetlands,on the property 05 3c List the'total estimated linear feet of all existing streams (intermittent and perennial) on the property 500 3d Explain the purpose.of the proposed project T,he,purpose of the proposed protect is to, expand the,, Pepsi Ibottling /distribution facility located= adjacent property west,of thwsite 3e Describe the overall project in detail, including the type of equipment to be used See Attachment 3e 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or;obtained for this property / project (including all riot phases) in the past? ❑ Yes ❑X No ❑ Unknown Comments The wetlands were delineated by others 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) David Brame Agency /Consultant Company ECS Other 4d If yes, list the dates ofthe, Corps jurisdictional determinations or State determinations and attach documentation The delineation report completed by others is included as an attachment We do not have knowledge that the site has been,venfied & Project History 5a Have permits or certifications been requested or obtained for this project (including allprior, phases),imthe� past? ❑ Yes ❑ No ® Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? ❑X Yes ❑ No 6b If,yes, explain There is an immediate need for additional tractor - trailer parking The initial phase of proposed construction will be to construct the access roads and parking lot A 2 94 acre portion of the site has been platted,for development with a building Thereoare no jurisdictional areas on the 2 94 acres Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a Which sections were completed below for your project (check all that apply) ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland' impacts proposed on the site, then complete,this questlon,for each wetland area =Impacted 2a 26 2c 2d 2e 2f Wetland Impact Type of Impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or Impact Permanent (P) or DWQ (401, other) (acres) Temporary W1 SS -1 - P Culvert Bottomland Hardwood Forest Yes Corps - DWR 0 005 W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No WS Choose one Choose one Yes /No W6 Choose one Chooseione Yes /No 2g.'Total Wetland Impacts: 0 005 2h Comments In order,to access the proposed tractor - trailer parking area from the existing bottling /distribution facility, it is necessary to construct a stream crossing that will impact a 0 005 acre (200 square feet) wetland 3. Stream Impacts If there are perennial or Intermittent stream Impacts,(including temporary Impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream Impact Type of Impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 SS -1 -P Culvert/Rip Rap Unnamed PER- Corps - DWR 3 155 S2 SS -2 -P Culveit/Rip Rap Unnamed PER- Corps - DWR 6 138 S3 SS- 1 -T Dam construction Unnamed PER- Corps - DWR 3 10 S4 SS -2 -T Dam construction Unnamed PER- Corps - DWR 6 12 S5 Choose one S6 Choose one 3h Total stream and tributary impacts 315 31 Comments In order to access the proposed tractor - trader parking area from the existing bottling /distribution,facility, it is necessary to construct'a stream crossing that,will permanently impact 155 linear feet of perennial stream channel In order'to provide access, to the sde,from Enterprise Park Boulevard', it' is necessary to�construct a streamlcrossing thatiwdl permanently impact 138 linear feet,of,perennial stream channel Temporary impacts from aacoffer dam (associated with a pump around) will temporarily impact;22 linear feet of stream channel Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If-there are pro posed'impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of Impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose O4 - Choose one Choose 4f Total open water impacts 4g Comments Pen water impacts are not propose 'S. 'Pond ortake,Construction If pond or lake construction proposed, then -coin lete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland,Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Stormwater 033 P2 Choose,one 5f Total: 033 ,5g Comments A wet retention pond is being constructed that has been designed to remove 90% Total Suspended Solids The,pond wili be constructed in,high ground 5h Is a dam high hazard permit'required? ❑ Yes ❑X No If yes,'permit ID no- 51 Expected pond surface area (acres) 033 5j Size of pond'watershed (acres) 751 5k Method of construction Excavation In high ground 6. Buffer Impacts (for DWQ) If project will Impact a protected riparian, buffer, then complete the chart,below 'If °yes, then Individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P.) or Temporary T 6c Reason for impact 6d' Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet BI Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts: 61 Comments The site, is located,in the Yadkin/Pee -Dee watershed in an area that has been, designated as Class C waters It will be necessary to clear buffers at eachiof the stream crossings Buffers will remain on non - impacted portions of the streams Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project See Attachment D -1a 1 b� Specifically describe `measures,taken to avoid or minimize the proposed impacts through construction techniques See Attachment D -1b 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation °for Impacts to Waters of`the U S or Waters of the State? ❑X Yes ❑ No 2b If yes, mitigation is required by (check.all that apply) ❑X DWQ ®,Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X Payment,to In -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank Not Available 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity, Quantity 3c Comments 4. Complete if Making a Payment to In- Iieu.Fee Program 4a Approval letter from In -lieu fee program Is attached ❑X Yes 4b Stream mitigation requested 299 linear feet 4c If using stream mitigation, stream temperature cool 4d Buffer mitigation requested (DWQ only) 0 square feet 4e Riparian wetland mitigation requested 0 acres 4f `Non - riparian wetland mitigation requested 0 acres_ 4g Coastal (tidal) wetland`mitigation requested 0 acres 4h Comments The NCEEP has approved the stream credits•as both cool and warm due to internal requirements /credit availability 5. Complete if Using a Permittee Responsible Mitigation Plan 5a_ If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan The proposed project will impact 315 linear feet of stream channel- and 0 005 acres of wetland Permanent impact is proposed to 293 linear feet of stream channel The streams are perennial and will,reguire mitigation at a 2 1 ratio based on our observations 299 linear feet of stream credits were requested and accepted by the NCEEP (a copy of the acceptance letter is attached) Page 6 of 10 PCN Form — Version ,1 4 January 2009 6. Buffer'Mitigation (State Regulated Riparian, Buffer Rules) — ;required by DWQ 6a Will the project,result In an Impact,withln a protected riparian buffer that requires Yes Q ,No El buffer mitigation? 6b, If yes, them identify the squaceifeet of ­y each zone Of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone 'Reason for impact Total,impacf Multiplier Required mitigation (square feet) (squareJeet) Zone 11 3 (2 for Catawba) Zone 2 15 6f Total,buffer mitigation required: 6g If buffermitigation is required, discuss what type +of mitigafiomis proposed (e g ,, payment to private mitigation bank, permittee responsible, riparian buffer, resto ration, ;payment into an approved in- liewfee +fund) The'site is located in the,Yadkm /Pee -Dee watershed'in anlarea'that has been designated by the NCDENR DWRpas Class C waters 6h Comments - 'Therefore, state regulated buffers are not required,and buffer, mitigation is notproposed Page 7 of 10 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does,the protect include,or is it adtacentto protected npananybuffers, identified, ❑ Yes ® No within one of'the NC'RI arian Buffer'Protection Rules? 1 b If yes, then is a diffuse flow plan Included? If no, explain why The site is, located in the Yadkin /Pee- Dee�watershed in an area that has been designated as Class C Based ❑ Yes ❑ NO The stormwater pond has been designed to_ remove 90% total suspended solids on our understanding, a diffuse flow plan is not required 2. Stormwater Management Plan 2a What Is the overall percent Imperviousness of,this protect? 2829,% 2b Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c If this protect DOES NOT require a Stormwater Management Plan, explain why - 2d If this protect DOES require$a Stormwater Management Plan, then provide a brief„ narrativeadescription of the plan The,City,of ,Winston -Salem is responsible for reviewing °the stormwater management plan The stormwater management plan has been prepared by Triad, Design Group, PC A stormwater pond (wet�detention) ^has been designed,to remove °90% +total suspended solids(TSS) the plan has been designed to treat,an additional 2 -94 acres on the property that is,platted fora future budding that may be constructed during a later phase The plan will be submittedAo the City of Winston -Salem for approval 2e Who will be responsible for the review of the Stormwater Management Plan? City of Winston -Salem 3. Certified Local Government Stormwater, Review 3a In which local government's jurisdiction Is this project? Clty,of VVnston- 'Salem ❑X Phase II ❑NSW 3b Which of the following locally-'Implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the.approved Stormwater Management Plan with proof of'approval been ❑ Yes. ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - Implemented stormwater management programs apply ❑ORW (check all that'apply) ❑ Session Law 2006 -246 ❑X Other Phase 11 4b Has`the approved Stormwater Management Plan with proof, of,approval been ❑Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the El Yes ❑ No use of public (federal /state),land? lb If you,answered "`yes" to.the above, does the protect;require, preparation of an environmental document pursuant to the requirements of'the,National or State ❑Yes ❑X No (Worth Carolina) Environmental Policy Act (NEPA /SEPA)? 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 ❑ Yes ❑X No letter ) The project is being privately funded Based on our knowledge, the protect does not Comments require that a NEPA or SEPA be submitted or approved 2. Violations (DWQ Requirement) 2a Is the site in vlol`afion of DWQ Wetland Rules (15A NCAC 2H 0500); Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, E] Yes ❑X No or Riparian Buffer, Rules,(15A NCAC 213 0200)? 2b Is this an afterthe,fact permlt;appllcatlon? ❑Yes ❑X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) PEI is not aware of violations associated with the site 3. Cumulative Impacts (DWQ Requirement) 3a Will this project,(based on past and reasonably anticipated future impacts) result In ❑Yes ❑X No additional development, which could Impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative Impact analysis in accordance�wlth the most recent,DWQ policy, If you answered "no," provide a short narrative,description In addition to'the proposed constructiornof a parkingparea, 2 94 acres, located immediately adtacent to the proposed parking area on the site, are being, reserved for future d'evelopment„with a,buhding The budding has not been designed /will not be,constructed at this time The stormwater pond has been designed /sized to treat this,area as an impervious surface The,2 94 acres does not contain jurisdictional features The construction of the additional I building on the site has=been designed in an area that,doesrnotcontain jurisdictional areas, Additional impacts to ^wetlands or surface waters are,not anticipated dunng,the future budding construction phase of the�project 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Wastewater will not be,gendrated as a result of the construction of the parking lot If a budding is constructed'm the future, wastewater generated will be discharged into the City of Winston -Salem sewage system The connection has not been designed at this time Page 9 of 10 PCN Form — Version 1 4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a, Will this project occur in or near an area with federally protected species or ❑'Yes ❑X ,No habitat 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated, Critical Habitat? NC Natural Heritage Program Website,'See Attachment'5d 6. Essential Fish Habitat (Corps,Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑, Yes ❑X No 6b What,data sources did you use,to determine whether your site would impact Essential Fish Habitat? See Attachment 6b 7. Historic or Prehistoric, Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO- HPOWEB GI&Service, See,Attachment'7b 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b If yes, explain how project�meets FEMA requirements 8c What source(s) did you use to make'the floodplain determination? FEMA Flood Insurance Rate Map Panel 6863 (included as an attachment) Michael T Brame JW June 26, 2014 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 SupplementalJnformation - Pepsi, PCN 3e. Pepsi has occupied the adjoining property west of the site for two years The location is used as a distribution facility Vending machines are also repaired, commissioned and shipped from the facility Since occupying the location, areas surrounding the building have been paved to the extent that the property will allow for parking of tractor trailers and other support vehicles used in the regional delivery of Pepsi products Pepsi is in the process of,consolidating several of their satellite distribution operations in the state and distributing from Winston Salem Additionally Pepsi Bottling`Ventures acquired the Charlotte franchise territory'and this location is now supporting distribution routes in Charlotte As,a result, Pepsi Bottling Ventures needs additional parking to accommodate these additional business activities When PBV moved into the current location PBV was offered the lot by Winston Salem Business, Inc for the anticipated growth and has opted to exercise our option to purchase the land and develop it for parking When PBV moved distribution to 390 Business Park the traditional side bay trucks were eliminated. The growing number of product demanded ;larger delivery vehicles and the entire fleet,was converted to 40' box'trailers. Additionally ,this site became a regional hub, for storage of inventory that is produced -in Winston 'Salem and distributed to other Pepsi Bottlers nationwide. It is necessary to construct an additional parking area on the adjacent property (the subject site) to support the new business activities PBV delivery vehicles are loaded' at night for the next day delivery of products. A road is being constructed between the two properties to allow shuttling of trailers to and from the warehouse The second entrance allows a secondary means of egress to the site In addition to the immediate need of parking, a 2 94 acre portion of the site is platted for development with a building or additional parking as dictated by future business needs The building pad will be graded in conjunction with the grading /,construction of the parking area. However, the building has not been designed and will not be constructed at this time. Jurisdictional areas are not located on the 2 94 acre portion of the site. When constructed, the access road will be necessary to safely separate employee traffic and transport vessel traffic A stormwater device will be constructed on the site to treat surface -water runoff from the impervious areas. The pond has been designed to remove 90% total suspended solids and has been sized to include runoff from the parking lot and a future building or parking lot The construction, of the, stormwater °pond will not impactjurisdictional areas. In order,to accommodate the current and future needs of Pepsi, it is necessary to impact two streams (293 linear feet) and an associated wetland pocket (0 005 acres) Coffer dams will be used and water will be pumped around during the installations of the culverts /rip rap Graders, loaders, excavators, haulersand cranes will be used during construction activities on the site D -1a The access roads between the existing, Pepsi bottling facility and the proposed parking area have been designed to, cross the streams'in areas where the streams are, relatively straight The ,road crossings have been designed to be as perpendicular to the streams as possible Headwalls and end walls have been designed to reduce the impacts. Rip rap has been sized to reduce the linear footage of impact 2:1 slopes have been designed on each end of the stream crossings The current parking lot, future construction and stormwater pond have been designed in non - jurisdictional areas of the site. The stormwater pond has been designed, to treat 90% total suspended solids, preventing sediment discharge from impervious surfaces that will be constructed on the,site A pump- around system has been designed that will use a coffer dam Although a temporary impact, the system will prevent sediment from entering down - gradient portions of the streams during culvert installation The project has been designed in a manner that buffers will remain on non - impacted portions of streams on the remainder of the project area In order for Pepsi Bottling Ventures °to operate /occupy the distribution facility, it is necessary to expand 'The only adjoining'property that is available that'will accommodate the expansion is this site. Without being able, to use the site, Pepsi will be forced to relocate: Relocation of the distribution faalrty to a green -field site is not a practical alternative and will have greater environmental impacts and likely impact more streams and wetlands The expansion has been designed in a manner to avoid unnecessary impacts to green -field sites, D -1b The clearing limits of the proposed project will be staked prior to clearing (including the impact limits of the streams) Prior to .grading, silt fence will' be, installed to prevent runoff from entering nearby streams. During culvert installation (including headwall and endwall construction), coffer,d'amsswill be placed on the up- gradient ends of the culverts and water will be pumped around Following installation, the coffer dams will be removed and water will be redirected into the culvert The graded areas on the site will be seeded and matted immediately following site grading activities. Additional best management practices will be implemented. E -2a The stormwater pond has been designed to treat 90% total suspended solids The pond has been sized to also treat stormwater from the `2.94 acre portion of the site that is, platted for future building development. 5d ,PEI reviewed the Natural Heritage Database to determine if federally protected threatened and endangered species have been documented on the Winston-,Salem East, NC Quadrangle (the quadrangle that contains the site) and the Kernersville, NC Quadrangle (the quadrangle that borders the site quadrangle to the east). Glyptemys muhlenbergn (bog turtle) has been identified on the site quadrangle The bog turtle is a federally listed threatened species due to similarity in appearance. Bog turtles inhabit bogs, wet pastures and wet thickets. We `did not observe, this species or suitable habitat,for this species on the site. 6b The streams on the site have not, been designated as trout waters Federally protected endangered and'threatened fish species have not been documented for the site quadrangle or the quadrangle that borders the site to the east 7b The site contains wooded land. PEI consulted the NCSHPO web site to determine if there are mapped historic cultural resources on the site or adjacent properties Mapped properties were not identified on the site or adjacent properties (Screen -shot included below). AGENT AUTHORIZATION This form authorises PEI to, act as our agent in.'strearn /wetland matters ,including U.S. Army Corps of 'Engineers-,and' North Carolina Division of Water Resources field verification and permitting: 'Property Address: 350 fjS tie TAI2K: Z -V D LOT' #_1`0 k0u I r45 MP3 !SA u ik4 ,"'C_ -Z" 00-7 Owner Information: Name: PC i tom i►,?Cr UM7-j7-DI?6S L-L-r. 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Ul Y1 0 0 AY, 1 -44 4 If -------------- co U., Ow) I C C-4 '10 CN fait AM . 11 Vic fro i JU z � _ A ;, A) i JU z � _ e4 NCDEHR North Carolina Department of Environment,and Natural Resources Pat McCrory Governor Scott Jamison Pepsi Bottling Ventures, Inc. 4141 Park Lake Blvd Suite 600 Raleigh,,NC 27612 Project: 350 Entei,phse Park Boulevard Michael Ellison, Director Ecosystem Enhancement Program May'27, 2014 John E Skvarla, III Secretary Expiration of Acceptance: November 27. 2014 County: roisyth This is a conditional acceptance letter. The purpose,of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing'to accept payment for compensatory mitigation,for impacts associated with the above referenced project asmidicated m,the table below Please note that this decision does not assure that participation,in the NCEEP will be,approved,bythe permrt'issumg agencies,asiimitigation foi, project, impacts It is the responsibility,ot'f lie •apphcant to contact these agencies totdeterrnine if payment to the NCEEP iv111 be approved° You must also comply with all other state, fed`eral'or'local government' perm its., iegulatjons,or`authorizations associated ,,,v ith_the„propose&activity mcludingy SL 2009 -337 An, Act to Promote,the Userof Coiripensafor'y Mitigation Banks.as emended by S L 2011-34' Tlu§acceptancers valid for sip, months from, the !date of;this,letter and.-is not`nansferable If°we have, not, received a,copyof the, issued 404 Permit/401 Certification /LAMA permit within this.time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to'NCEEP Once NCEEP receives axopy of the peinut(s) an invoice v ill be issued based on the required mitigation in that permit and payment must be,made prior to conducting the author i'zed work The amounrofthe in- Lieu Fee to be paid to NCEEP by an applicant is calculated base&upon the Fee Schedule and policies listed at www nceep net Based,onrthe informationsupplied by y6u7m youi request,to -,use theNCEEP. theampacts that,may iequu,e compensatory mitigation are summarized in the following'table_ The amount ofanitigation required and assigned,to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown,below River Basic I CU Location Stieam (feet) Wetlands (acres) Buffer I BuHei I (Sq- F't) (Sq Ft ) Cold Cool Warm Ri arias =- NoneAt arias Coastal di—gh Yadkin 03040101 0 0 299 ** 0 0 0 U 0 Impact EEP will provide either Warm or "Coal sti;eam credit for this impact. Upon receipt of payment, EEP will takeiresponsibiliry for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment,and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument,dated July 28, 20,10, Thank you for yourlinteiest;in the NCEEP If you have any questions or need,additronal information, please contact Kelly Wdliarns,ati(9'19) 707 =89'1.5' Si-- erely. _ 3 Jar e . B Stanfill Asset Management Supervisor CC' 'Sue Homewood, NCDWR Winston -Salem ,John Thomas, USAGE- Raleigh Bradley Luckey, agent File 16521Mail Service Center, Raleigh, North:Carolina 27699 71652 Rhone, 91192707'89_76 \Jnternet-www,ncdenr gov. An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper APPROVED,JURISDiCTiONAL DETERMINATION FORM_' U.S' Army Corps of Engineers This form should be completed by following the instructions provided.in Section iV of the JD Form instructional Guidebook SECTION i• BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED.JURISDICTIONAL DETERMINATION (JD). B_ DISTRICT OFFICE, FiLE NAME, AND NUMBER: Raleigh, 350 Enterprise Park Boulevard, PEI Project 1034 C. PROJECT LOCATION AND BACKGROUND INFORMATION: _ State NC County/parish/borough Forsyth City Winston -Salem Center coordinates ofsite,(lat/long m,degree4ecimal format) Lat 36 036872° N „Long , -80 142189° Universal Transverse. Mercator Name of nearest waterbody Sawmill Branch Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows Muddy Creek Name of watershed or Hydrologic Unit Code (HUC) 03040101 Check if map /diagram of review area and/or potential Jurisdictional areas is /are availableiupon request Check it other sites (e g , offsite mitigation sites, disposal sites, etc ),are associated with this4ction and are recorded on a different JD form D REVIEW PERFORMED FOR SiTE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination Date Field Determination Date(s) ,P,Ei visited the, site on June 25, 2014 to, confirm the delineation performed'by others SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There fir, ._ e"IMM "navigable waters of the U S ” within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area, [Required] Waters subject to theSebb and flow of the tide Waters are presently used, or have been „used in the past, „or may be,susceptible`for use to transport interstate'oi foreign commerce Explain B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There e "waters,of the US, "'within Clean Water Act (CWA),jurisdiction (as,d'efined by 33 CFR part 328) in the review area [Required] 1. Waters ofthe U.S. a. Indicate presence of waters of U S. in- review area (check all that apply): ' F1 TNWs, including territorial seas Wetlands adjacent to TN,Ws Relatively permanent waters' (RPWs),that,flow directly,or indirectly" into TNW's Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs I Wetlands adjacent to but,not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs impoundments of jurisdictional waters Isolated (mterstate'or intrastate) waters, including. isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters 500 linear feet 3 -6 width (ft) and/or acres Wetlands 0 25 acres e: LimiW(boundaries) of jurisdiction based on Elevation of established OHWM (if known) Unknown - 2 Non - regulated waters /wetlands (check if applicable):3 ffl, Potentially jurisdictional waters and/,or wetlands were assessed within the review area and determined to,be not jurisdictional Ezplairr 'Boxes checked,below shall be'supported by completing the; appropriate ,sections,injSectiomlll ,below 2'For purposes of this form, an RPW'is defined as a tributary that is, not a TNW and thattypically flows,year- "round or has continuous flow at least "seasonally" (e g , typically 3 months) "Supporting documentation is presented in Section iii F SECTION III. CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNR's and wetlands adjacent to,TNR's. If the aquatic resource is a TNW, complete Sectioglll.A.l and Section fH.D.I. only; if the aquatic resource,is °a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section HLD.1.; otherwise, se0ection,I11.B below 1 TNW Identify TNW- Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "`adjacent" B. CHARACTERISTICS OF TRIBUTARY (,THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (iF ANY): This section,summanzes information regarding characteristics of the,tributary and its adjacent wetlands, if any „and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met The-agencies will assert jurisdiction over,non- navigable tributaries of TNWs where the tributaries are "relatively permanent waters” (RPWs), i.e. tributaries that typicallyflow,year -round or, have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly =abuts an RPW is atsoqurisdictional. i "the aquatic resource is not a TNW, bufhas year -round (perennial) flow; skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4 A wetland that is adjacent to but that does not directly abutran,RPW requires aisigmficant nexus evaluation—Corps districts and EPA regions wdlanclude in the-record any available information that documents the existence ofa significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though;a significant nexus finding is not required as a matter of law. If the waterbody"'is not an RPW, or a wetland directly abutting,an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with,a TNW if the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This sign ificanUnexus evaluation that combines, for analytical purposes,;the tributary,and all of its,adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. if the JD covers a tributary with adjacent wetlands; completeiSection 11I.13 1' for the tributary, Section IIi.B.2 for any onsite wetlands, and Section iII B 3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.0 below. 1. Characteristics,of non -TNWs that flow directly or4ndirectly'mt6` TNW (i) General Area Conditions: Watershed size des' Drainage area a` ties Average-annual rainfall inches Average annual snowfall inches (u) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through Niek =L 9t tributaries before,entermg'TNW Project waters,are M"ick's nver miles from TNV Project waters are river miles from RPW Project waters are aerial (str aight) miles from TNW Project waters are Pig A aerial (straight) miles front RPW Project waters °cross or serve =as,state boundaries Explain identify flow route to TNW' Tributary stream order, if known ' Note that the instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West ' Flow route-can be described by identifymg, e g , tributary a, which flows through the review area, to flow mto,tributary b, which,then flows into TNW (b) General Tributary Characteristics (check all that apply) Tributary is ❑ Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man - altered) Explain Debris fields located upgradient of streams Tributary properties with respect to top of bank (estimate) Average width feet Average depth feet. Average side �slopes'E�ist. Primary tributary substrate composition,(eheck all that apply) '❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type /% +cover ❑ Other Explain Tributary condition /stability [e g , highly erodmg, sloughing banks] Explain Presence of run /riffle /pool complexes Explain Tributary geometry Ftc is Tributary gradient (approximate average slope) % (c) Flow Tributary provides for Eck =:ist Estimate average number of flow events in review area/year- (� " °;st Describe flow regime Other information on duration and volume Surface flow is fit ' "" t. Characteristics` Subsurface flow Lie Lkt Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHWM' (check all indicators that apply) ❑ clear natural line impressed on the bank ❑ changes,m the character of soil ❑ shelving 1:1 vegetation matted down, bent; or absent ❑ leaf litterdisturbed or washed away ❑ sediment,deposrtion ❑ water staining ❑ other (list) ❑ Discontinuous OHWM ' Explain If factors,other than,the OHWM were used to determ High Tide Line indicated by 91 ❑ oil onscum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list) ❑ the presence of htter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow,events ❑ abrupt change in plant community ine lateral extent of CWAjurisdiction (check all that,apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings, ❑ vegetation lines /changes in vegetation types (m) Chemical Characteristics: Clid'racterize tributary (e g , water color is clear, discolored, oily film, water,quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known 6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows,underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid (v) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor Characteristics (type, average width) ❑ Wetland fringe Characteristics ❑ Habitat,for 0 Federally Listed species Explain findings ❑ Fish/spawn areas Explam'tindmgs ❑ Other environmentally- sensrtrvepspecies Explain findings ❑ Aquatic /wildlife diversity Explain findings 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics Properties' Wetland size acres Wetland type Explain s, Wetland quality Explain Project wetlands cross{or -serve as state boundaries Explain (b) General Flow Relationship,with Non -TNW Flow is c1c��List Explain- ,Saturated to surface Surface flow is: KIM Characteristics Subsurface flow ,pi' Explain findings ❑ Dye,(or other) test performed (c) Wetland Adjacency Determination with Non -TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/barrier Explain (d), Proximity (Relationship) to TNW Project wetlands are tek [:Ist river miles from TNW Project waters are. 1 J aerial (straight) miles,from TNW Flow °is from c Estimate approximate location of'wetland as within theyy "rlcl floodplam (n) Chemical Characteristics* Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known Unknown (w) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer Characteristics (type,daverage width) ❑ Vegetation type /percent,cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 3. Characteristics,of,all wetlands,adlacent to the tributary (if,any� All wetland(s) being considered in the cumulative analysis ickI—As-, Approximately +( ) acres in total;are being considered in the cumulative analysis For each wetland „specify the following Directly abuts? (Y/N) Size (in acres) Directly abuts %(Y /N ) Size (in acres) Summarize overall biological chemical and physical functions being performed C. SIGNIFICANT'NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by-any wetlands adjacent to the tributary to determine if they significantly affecuthe chemical, physical, and biological integrity ,of a TNW,. For each ofthe followingrsituations, a significant nexus exists if the tributary, in combination with,all of its adjacent wetlands, has more than a,speculatrve or`lnsubstantial effect on the chemical, physical and /or biological integrity of aTNW. Considerations when evaluating sigmficantmexus include, but are,not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine,sigmficant nexus based solely on any specific threshold of distance (e g. between a tributary and its adjacent wetland or between,a tributary and the TNW.). Similarly, the fact,an,adjacent wetland,lies within or outside of a tloodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as� identified in the Rapanos,Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the,trnbutary, in combination, with its adjacen6wetlands (if any,), have the capacity to carry pollutants or flood waters to TNWs, or'to reduce�the amount of pollutants or flood waters reaching a'TNW? • Does thvtnbutary, in combination with its adjacent wetlands (if any), provide habitat and hfecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young.for species that are present'm the TNW9 • Does the tributary, m combination With its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon,that supportidownstream ,foodwebs9 • Does the tnbutary,'m combination with its adjacent wetlands (if any); have other relationships,to the,physical, chemical, or biological integrity of the TNW Note: the above list of considerations;is not inclusive andother functions observed or known to,occur should be documented below: 1. Significant nexus findings'for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain 'Findings of .,presence or absence of significant nexus below, based on the tributary itself, then go'to Section III'D 2 Significant nexus findings for non -RPW and its adjacent wetlands,,where the non -RPW "flows directly or indirectly into TNWs Explain findings of presence,or�absence of,sigmficant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III'D They are�connected directly to RPWs on this site 3 Significant nexus findings, for wetlands adjacent'to an RPW but that do not directly abut the RPW. Explain findings of presence,or�absence of significant nexus below, based on the tributary in combination with all of rts+adjacent,wetlands, then you Section III D The wetlands are located in the tloodplams�adjacent to the streams and in other areas are connected by non= jurisdictional drainage features D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. TH&SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY)- TNWs and Adjacent Wetlands. Check all that apply and pride size estimates in review area ER TNWs linear feet width (ft), Or, acres MWetlandsiad)acent to TNWs acres 2. RPWs`that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that tributary is perennial Perenmal,on NC DWQ Stream Form Tributaries,of TNW where tributaries have continuous flow "seasonally” (e g , typically'three,montlls each year) are jurisdictional Data supporting this conclusion is provided at Section III'B Provide rationale indicating that tributary flows seasonally Provide,estimates for jurisdictional waters in the review area (check all that apply) 0 Tributary waters 500 linear feet 3 -6 width (ft) 0 Other non - wetland waters acres ldent6 type(s) of waters Non -RPWss that flow threctly'or indirectly into TNWs C5 Waterbody thatlis not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus wrth,a TNW is juusdicttonal Data supportmg,this conclusion'is`provided at Section iii C Provide estimates for jurisdictional waters within the review area (check all that apply) IM Tributary waters linear feet width (ft) iM Other =non - wetland waters acres identify type(s) of waters Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW,and thus are jurisdictional as,adjacent wetlands Wetlandssdtrectly abutting an RPW'where,tributanes typically flow year -round Provide data and rationale indicating that tributary is,perenmal in Section Iii D 2,,above Provide, rationale indicating that wetland is directly abutting an RPW Wetland Determination Data Forms in ECS report (attached). Wetlands directly abutting an RPW`where tributaries typically flow "seasonally " Provide data indicating that tributary is seasonal in Section iii Band rationale in'Section 111 1) 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates for jurisdictional wetlands in the review area acres Wetlands adjacent to but-,not directly'abuttmg an RPW thatifloW directly or indirectly into TNWs. ' Wetlands that do,not directly abut an RPW, but when considered in combination with -the tributary wwhich they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional Data supporting this conclusion is provided at Section iii C Provide,acreage estimates for jurisdictional wetlands in the fevieW'area acres Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Wetlands,adjacent to such,Watefs, and have whemconsidered in combination with the tributary to which they are adjacent and with similar ly,situated,adjacentwetlands have a significant hex-us with a TNW are jurisdictional Data supporting this conclusion is provided at Section iii C Provide estimates for jurisdictional wetlands m,the review area acres impoundments of jurisdictional waters v As a general rule, the impoundment of a jurisdictional tributary femams jurisdictional Demonstrate that impoundment was created from "waters of the U S or Demonstrate'that water meets the criteria for one,of the categories presented above (1 -6), or Demon strate.that water is isolated with a nexus to commerce (see E below) E. ISOLATED ]INTERSTATE OR iNTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD,AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY').10 0 which are orcould be used,by interstate or foreign travelers for recreational or other purposes from which fish or,shellfsh are or could be taken and sold in interstate or foreign commerce ® which are or could be used for industrial purposes by industries -m interstate commerce interstate isolated wafers Explain nh Other factors Explain "See Footnote # 3 v To complete the analysis refer to the`key m'Section iii D 6 of the instructional Guidebook 10 Pnor,to asserting or declining CWA jurisdiction based solely on this category,,Corps Districts will elevate'the action to Corps�and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos Identify-water body and summarize rationale supporting,determmatdon Provide estimates for Jurisdictional waters.m the review area (check all that apply) 'Tributary waters- linear feet width (tt) Other non- wetland'waters acres Identify type(s) of waters Wetlands acres F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were,assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/orappropnate Regional Supplements Review area•mcluded isolated,waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC" the review area would'have been regulated based sole) on the "Migratory Bird Rule" (MBR) 4 Waters,do not meet the "'Significant Nexus" standard, where such a findmg�is`required for Jurisdiction Explain 4 Other (explain, if not coveted above) Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of Jurisdiction is the MBR factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Judgment (check all that apply) Non = wetland waters (i a „rivers, streams) linear feet width (ft) Q Lakes /ponds acres Q Other non - wetland waters acres List type of aquatic resource Wetlands acres Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the, "Significant Nexus" standard, where�such a finding is required for Jurisdiction (check.all that apply) Non - wetland waters,(i a -, rivers, streams) linear feet, width (ft) ❑ Lakes /ponds acres ❑ Other non - wetland waters acres List type of aquatic resource , '[„ Wetlands acres SECTION IV: DATA SOURCES A SUPPORTING DATA. Data reviewed for JD,(cheek all that apply - checked items shall be included in case file and, where, checked and requested, appropriately reference sources below) Maps, plans, plots or plat,submitted by or on behalf of the applicant/consultant Data sheets prepared/submitted by or on behalf of the applicant/cohsultant ❑ Office concurs with data sheets /delineation report ❑ Office doesmot concur with data sheet`s /delineation report n Data sheets prepared by the Corps Corps navigable waters' study U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑'USGS 81and.12 digit HUC maps U S Geological Survey map(s) Cite scale & quad name Lake 'Brandt , 1 "= 2,000' USDA Natural Resources Conservation Service Sod Survey Citation NRCS Web,Soil Survey ® National wetlands inventory map(s) Cite name State-/Local wetland inventory map(s) FEMA/FIRM maps 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) Photographs ® Aerial (Name & Date) GIS Map /Aerial Photo Dated 2010 or ❑ Other (Name & Date) Previous determination(s) File no and date of response letter Applicable /supporting case law Q Applicable /supporting scientific literature ® Other information (please specify,) B. ADDITIONAL COMMENTS TO SUPPORT JD- Unnamted tributaries to Sawmill Branch are located on the site Wetlands abut the tributaries S CAROLINAS, LLP "Setting the Standard for Service„ Geotechnicai •Construction Matenalsi° Environmental--- Facilities NGRegmteredEngmeenngFtrmF -9016 July 9, 2013 Mr, Allan, Hill Triad Design Group 4807 -C Koger Boulevard Greensboro, North Carolina 27407 Reference Report of Wetland Delineation Union Cross Business Park — Lot 1'0 Approximate 10 39 Acre Tract 350 Enterprise Park Boulevard Forsyth County,, North Carolina ECS, Project',No 09- 22830A Dear Mr Hill ECS Carolinas, LLP (ECS) is pleased to submit this report of the jurisdictional waters /wetland delineation for the site located at 350 Enterprise Park Boulevard in Forsyth County, North Carolina This report summarizes our findings for the site Background The site is an approximate 10 39' acre tract (Figure 1) The site is identified, by the Forsyth County GIS as PIN' 6863 -24 -3146 00 The site contains undeveloped wooded land The site is being evaluated for future development ECS was contracted to delineate jurisdictional waters including ponds, streams and wetlands on the site The property boundaries were not marked in the field at the time of our site visit Wetlands are, defined by the U S Army Corps of Engineers (USACE) and the United States Environmental Protection Agency (EPA) as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions "' In order for an area to be classified as wetland, hydrophytic vegetation, hydric soils, and wetland hydrology indicators must be present Literature Review We,reviewed the USGS Topographic Map, the Soil Survey of Forsyth County and the Geologic Map of North Carolina'to obtain information regarding the site The USGS Topographic Map (Figure 1) shows an unnamed tributary to Sawmill Branch crossing the northern portion of the site The map shows additional drainage swales that could contain surface waters or wetlands on the central portion of the site and near the western site boundary 4811 Koger Blvd, Greensboro, NC 27407 • T- 336 - 856 -7150 • F 336- 856 -7160 - wwmecsiimited.com ECS Captcat Si races, FILL - ECS Cdrorhas, LLP • ECS C mtd, RIC • ECS t7orda, LLC • ECS MA -At ank, LLC - ECS MdAesl, LLC,- IECS Swtheast, LLC • ECS Trues, LLP 350 Enterpnse Park Boulevard Forsyth County, North Carohna ECS Project 09- 22830, July 9, 2013 The Soil Survey of Forsyth County (Figure 2) indicates that soils on the site have been mapped, as Pacolet sandy loam (PaF and PaD) and Wedowee sandy loam (WdC, WdB and WeD) The Pacolet and Wedowee soil series consists of well drained, moderately permeable soils that occur on piedmont uplands The mapped soils on the site are not identified on the Forsyth County Hydric Soils List The Geologic Map of North Carolina indicates that the site is located in the Piedmont Physiographic Province In general, shallow, unconfined groundwater movement within the overlying soils is controlled largely by topographic gradients Recharge occurs primarily by infiltration along higher elevations and typically discharges into streams or other surface water ,bodies The elevation of the shallow water table is transient and can vary with seasonal fluctuations'm precipitation Movement in this water table `is generally from higher to lower elevations As such, shallow groundwater would be expected to flow beneath the site towards, the, U named tributary to Sawmill Branch Site Reconnaissance Mr David Brame of ECS conducted the site reconnaissance on July 5, 2013 During the reconnaissance, the site was observed for evidence of ,streams, ponds and wetlands Ponds are not located on the site Streams are located on the northern and central portions of the site A third stream is located near the western site boundary The streams located on the northern portion of the site and near the western site boundary have defined, beds and banks, meanders, iron- oxidizing bacteria and contained flowing water at 'the time of our site visit Based on our observations, these streams are perennial The stream located on the central portion of the site originates as .an ,apparent groundwater discharge point, with an approximate two foot head -cut This stream has a defined bed and bank, moderate substrate sorting and did not contain water at the time of our site visit Based on our observations, this stream is intermittent The centerlines of the streams were marked in the field with blue and,white striped surveyot tape Wetland hydrology indicators, hydrophytic vegetation and hydric soils were observed in pockets adjacent to the streams The wetland pockets appear to be located off site but near the site boundaries ECS delineated the wetland boundaries since the site boundaries were not marked in the field to insure that they do not encroach onto the site The wetlands are separated from surrounding uplands by distinct topographic, vegetation breaks and /or soil breaks A Wetland Determination Data Form that documents the conditions encountered on the site was completed in the field by ECS The wetland boundaries were marked in the field with red and white striped surveyor tape A survey of the wetland boundaries may be required if it is determined that they extend onto the site Figures 3 and 4 show the approximate locations of the streams, wetlands, data point and our flag numbers Figures 3 and. 4 are based on our field notes and should only be used for preliminary planning purposes We recommend that the delineation be verified by the USACE and NCDENR -DWQ The delineation, including our stream designations, is subject to change based on the agencies verification Following the verification, the flags should be surveyed to determine the exact location and extent of the jurisdictional areas 350 Enterpn §e Park Boulevard Forsyth County, ,North Carolina ECS Pro�ecf 09 -22830 July 9, 2013 Watershed Classification Unnamed tributaries to Sawmill Branch are located on the site According to the NCDENR- DWQ, the site is located in the Yadkin- Pee Dee River Basin in an area that has been classified as Class C Waters Based on the NCDENR -DWQ watershed classification, mandatory state vegetative buffers are not required adjacent to the streams located on the site However„ local buffer requirements may apply General Discussion Section 404 of ,fhe `Clean Water Act regulates the discharge of dredge and fill materials `into waters of'the United States (lakes, rivers, ponds, streams, etc ), including wetlands Waters of the United States include the territorial seas, navigable coastal and inland lakes, rivers and streams, intermittent streams, and wetlands Activities that could be regulated under Section 404 'include the placement of fill for construction of roadways, residential, commercial or industrial structures, and the construction of, water retention ponds along tributaries The EPA and the USACE jointly administer the Section 404 program Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny any Federal permits that could result in a discharge-to State waters Streams, ponds and wetlands are regulated by the USACE and NCDENR -DWQ Permits are required prior to impacting wetlands or open waters, including ponds, lakes and perennial or intermittent streams Mitigation and stormwater management plans will be a condition of any permits, issued for the, site Additionally, buffers may be required adjacent to streams, and water bodies For impacts to one -half acre or more of wetlands or to more than 300 linear feet of stream channel, an individual permit' (IP) may be, required An I requires a habitat analysis, alternative site analysis., project justification, plans to, avoid and minimize impacts; ;and a proposed mitigation plan Depending on the habitat analysis and the extent of impacts, an Environmental Impact Statement may be required by the rU S' Army Corps of Engineers An IP allows for a public comment period and may require 4 to 18 months to obtain depending on conditions arising during the USACE review and pubhc`eomment period 3 350 Enterpnse,Park Boulevard. Forsyth County, North ,Carohna ECS Project 09 -22830 July 9, 2013 Closure ECS appreciates the opportunity to provide wetland services for your project Please contact us at (336) 856 -7150 if you have any questions concerning this report Sincerely,, ECS Carolinas, LLP David S Brame Michael T Brame, PWS Project Manager Environmental Principal Attachments Figure 1 — Site Location Map Figure 2 — Soil Map Figure 3 — Approximate Stream/Wetland Flag Location Map Figure 4 — Stream/Wetland Flag Map Wetland Determination Data Form 4 I . A .'. _"� `.� / { 1 ��° • 1663 mow! ti. r SITE i L 4� � �� ��� � is " ;• `y"' `. ��{ �„_v" ((j ;,l i` � i }! `.� � .'a.- •.• vt ,.r• � ,.,t L .�l �' _ _� ; VIi)nit _ t 4111--;1--- ,'7 �K �: �.l,� ! ter- � / � ✓��'� \,.i` • \- ( iJ - ��,1 �R. � / a 1 N SOURCE: FIGURE 1 USGS Topographic Map: SITE LOCATION MAP Winston Salem East, NC Quadrangle Approximate 10.39 Acre Tract Dated 1950, Revised 1994 and 350 Enterprise Park Boulevard Kernersville, NC Quadrangle Forsyth County, North Carolina Dated 1969, Revised 1994 Scale: 1" = 2,000' ( .k ECS Project 09- 22830A r pG v PCC a „PaB �. ts , CCD PcC2 �;cC2 "f F- 4 ?+ I �'weC op, �O Ccii $ n ecc PCC2+ eC r WeB a, is C�pz, c Ps � °" �• � v,� YVBB VaB WeC CCB PdB .,' V PC { APB APB P ds tu .= Cc(� { ' APB CCB J` Wh WtD Ch Hm92 Cep C2 C C2 APC WeC WdC g. wic' '4eSITE Pcb2, .. - Pa S' a. \;eC .✓ :Va fi � � CCB; .> e A Pr62 We a[ WeC e� `'.' l I . Lw'��N v t) � . le0 I a 1 "CCC WdC �\ We(J WeC WdC dB 's� Cu WeC\ !,a es'94r APB iPaC e8 �y • �� 4 C I CCB Vlr.B o } .mot S CCB A APC B / Y � � ACS WE t` V Y r / y P APB j W' WeB !� WdC 7 Ali Pau, 3 v - '•� wee aU � WdC � > WeC f - WeG APB eB B A P e0 -t Y PaCeJ r QcC VA 1 WdB we WdC PcD2 ' "'Mc PaB �g C * �. �� "AV IDS(3( _Pae z � � LEGEND Approximate Site Boundary Of I FIGURE 2 SOURCE: - SOIL MAP USDA Soil Survey of Forsyth County, NC Approximate 10.39 Acre Tract Issued May 1976 350 Enterprise Park Boulevard Sheet No. 47 Forsyth County, North Carolina Scale: 1" - 1.320'.w ECS Project 09- 22830A THE STREAM /WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. THEY HAVE NOT BEEN VERIFIED BY THE U.S ARMY CORPS OF ENGINEERS AND HAVE NOT BEEN SURVEYED.` LEGEND �," Approximate Location of Site Boundary pP �. � A t""%o Approximate Location of Perennial Stream. Approximate Location of Intermittent Stream , Approximate Location of Wetland - T ■ Location of Data Point I N SOURCE: 9 Forsyth County GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 200' FIGURE 3 APPROXIMATE STREAM/WETLAND LOCATION MAP Approximate 10.39 Acre Tract 350 Enterprise Park Boulevard Forsyth County, North Carolina A ECS Project 09- 22830A THE STREAM /WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. THEY VERIFIED BY THE U.S ARMY CORPS OF ENGINEERS OR SURVEYED. LEGEND Approximate Location of Site Boundary Approximate Location of Perennial Stream Approximate Location of Intermittent Stream Approximate Location of Wetland ■ Location of Data Point SC 1 -58 I WC 5 -17 SB 1 -37 WB 1-4 N ,r SOURCE: Forsyth County GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 200' FLAG NUMBERS /INFO WETLAND FLAGS = STREAM /POND FLAGS = Stream Flags = 105 Wetland Flags = 41 Total Flags = 146 WC 31-41 SA 1 -7 SD 1 -3 WC 18 -30 FIGURE 4 STREAM/WETLAND FLAG MAP Approximate 10.39 Acre Tract 350 Enterprise Park Boulevard Forsyth County, North Carolina ECS Project 09- 22830A WETLAND DETERMINATION DATA FORM— Eastern Mountains and Piedmont Region Project/Site `350 Enterprise Park Boulevard City /County Winston -Salem /Forsyth Sampling Date 7/5/13 Applicant/Owner Forsyth County Development Corporation State NC Sampling Point DP -1 Investigator(s) Brame, ECS Carolinas Section, Township, Range Landform (hdlslope, terrace, etc,) Floodplain Locahrelief (concave, convex, none) Slope Subregion (LRR or MLRA) Lat Long Datum Sod Map'Unit Name WdC NWI classification Are climatic / hydrologic conditions on the site typical for this time of year Yes ® No ❑ (If no, explain in Remarks ) Are Vegetation [:1 , Sod ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes M No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers,in Remarks) SUMMARY OF FINDINGS — Attach site map�showing sampling point locations, transects,, important features„ etc. Hydrophytic Vegetation Present? Yes _ M No El ICI Is the Sampled Area Hydnc Soil Present? Wetland Yes � No JM within a Wetland? Yes F] No _M Hydrology Present? Yes El No _M Remarks Hydnc sod and wetland hydrology indicators are not present The,sampling point,is not located within a wetland HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required check all that apply) ❑ Surface Soil Cracks (136) ❑ Surface Water (Al) ❑ Water- Stained Leaves (139) ❑ Sparsely Vegetated Concave, Su rface;(g8) ❑ High Water Table;(A2) ❑ Aquatic Fauna,(B13) ❑ Drainage Patterns (1310) ❑ Saturation,(A3)� ❑ True Aquatic Plants (614) I�I Lines (616) El Moss ❑ Water Marks (131) ❑ Hydrogen Sulfide Odor (Cl) Dry- Season Water Table (C2) as ❑ Sediment Deposits (62) ❑ Oxidized Rh¢ospheres on Living Roots (C3) El Crayfish Burrows (C8) ❑ Drift Deposits (63) ❑ Presence of Reduced Iron (C4) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Recent Iron Reduction in Tilled Sods (C6) ❑, Iron Deposits (135) ❑ Thin Muck 'Surface,(C7) ❑ Stunted,or Stressed Plants (D1) ❑ Indundation Visiblefon,Aerial Imagery (137) ❑ Other (Explain in Remarks) ❑ Geomorphic Position,(D2) El Shallow Agwtard (D3) El Microtopographic Rehef'(D4)) ❑ FAC- Neutral Test (D5) Field Observations Surface Water Present? Yes r1 No, M Depth (inches) Water Table Present? Yes El No JI��IL Depth (inches) Saturation Present? Yes, _7 No _Jpt Depth (inches) ICI Wetland;Hydrology Present? Yes 0 No Z includes capillary frin e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks Wetland hydrology indicators are not present US Army Corps of'Engineers Eastern Mountains and Piedmont — Interim Version VEGETATION (Four Strata) — Use scientific names of plants Sampling Point DP -1 Remarks (Include photo numbers here,or on a separate sheet ) The dominant vegetation is hydrophytic US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot,size 30 feet ) % Cover Species? Status 1 Pmus taeda 20 FAC Number of Dominant Species 2 Liquidambar styraciflua 10 FAC+ That Are OBL - -, FACW, or. FAC 5 (A) 3 Llrodendron tulipifera 5 ❑ FAC Total Number of Dominant 4 Species Across All Strata 5 (B) 5 5 L3 of'Dommant Species 100 That Are OBL, FACW, or FAC (A/B) That ❑ 0 Prevalence Index worksheet 8 El Total % Cover'of Multiply by 35 = Total Cover OBL species x 1 = FACW�species x2= Saplino /Shrub Stratum (Plot size 30 feet ) FAC species x 3 = 1 Pmus,taeda 20 FAC FACU species x 4 = 2 Liguidambar styraciflua 10 FAC+ UPL species x 5'= g Prunus serotlna 5 ❑ FACU Column Totals (A) (B) 41 T❑ 5 II Prevalence Index = B/A = Hydrophytic Vegetation Indicators 6 I—I F-] F-] 1 - Rapid Test for Hydrophytic Vegetation, 7 8 -E:1 F] M 2- Dominance Test is >50% 35 = Total Covey ❑ 3- Prevalence Index,is 53 '0' 4- Morphological Adaptations' (Provide supporting Herb Stratum (Plot size 30 feet ) _ data in Remarks or on a separate sheet) ] Problematic Hydrophytic Vegetation (Explain) 1 ❑ 2 ❑ 3 ❑ 'Indicators of hydric soil and wetland hydrology must be 4 ❑ present, unless,disturbed or problematic Definitions of Four Vegetation Strata 5 ❑ 6 ❑ Tree – Woody,plants; excluding vines, 3 in (7 6' cm) or 7 ❑ more In diameter at breast height (DBH), regardless of 8 ❑ height 9 _ 10 11 ❑ ❑ Sapling /Shrub – Woody plahts, excluding vines, less *28 than 3 In DBWand greater than 3 ft (1 m),tall 12 ❑ - = Total Cover Herb –All herbaceous (non- woody) plants, regardless of size, and woody plants, less than 3 28 ft tall Woody vine – All woody vines greater than 3 28`ft in Woody Vine Stratum (Plot size 30 feet ) height 1_Toxicodendronradicans 30 FAC 2 3 _ ❑ 4 ❑ 5 ❑ 30 = Total Cover Hydrophyfic Vegetation M F Present? Yes No Remarks (Include photo numbers here,or on a separate sheet ) The dominant vegetation is hydrophytic US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version JVIL Profile Description (Describe to -the depth needed to document the mdicator,or confirm the absence of indicators ) Depth Matrix Redox Features (inches) Color�(moist) % Color (moist) % Type' Loc? Texture 0 -12 5YR,4 /6 100 L aampung -omr Remarks 'Type C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains 2Location PL =Pore Lining, M= Matrix Hydnc Sod Indicators for Problematic Hydnc Soils' Histosol (Al) F1 Stripped Matrix (S6) IInndicators 1 2 cm Muck (At 0) (MLRA 147) Histic'Epipedon (A2) II Dark•Surface (S7) I--I1 II Coast Prairie Redox (At 6) (MLRA 147, II Black Histic (A3) I�I II Polyvalue Below Surface (S8) (MLRA 148) II Piedmont Floodplam Soils (F19) (MLRA 147, 148)) 136, 147) II' Hydrogen Sulfider(A4) Eli Thin Dark Surface (S9) (MLRA 147, 148) Red-ParentWatenal (TF2) Stratified Layers,(A5) ❑ Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12) II 2 dm, Muck (At 0) (LRR N)) II Depleted Matrix (F3) Other (Explain in Remarks) ,Depleted'Below Dark Surface (At 1) II Redox.Dafk'Surface;(F6) Thick DarkSurface (Al2) II Depleted Dark Surface (F7) Sandy'Mucky Mineral (S1) (LRR N, I�I 1__l Redox Depressions (F8) 3Indicators of hydroph* vegetation and wetland,hydrology must,be present, unless MLRA 147,148) Sandy Gleyed Matrix (S4) II Iron - Manganese Masses (F12) (LRR N, disturbed or problematic MLRA 136) Sandy Redox (S5) ❑ Umbnc Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19),(MRLA,148) Restrictive Layer (if observed) Type Depth (inches) Hydnc Sod Present? ❑ Yes No Remarks Hydric soil indicators are not present US Army'Corps of Engineers ,Eastern Mountains and Piedmont — Interim Version