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HomeMy WebLinkAbout20230048 Ver 1_More Info Received_20230309Strickland, Bev From: Jennifer Robertson <jrobertson@atlasenvi.com> Sent: Thursday, March 9, 2023 10:41 AM To: Scheller, Roberto; rbeadle@jacksonshaw.com Subject: [External] RE: 2023-0048 Old Beatty Ford Road Project on HOLD Attachments: 10 Old Beatty Ford Road DMS Acceptance.pdf; 11 RES Yadkin 05 SOA - Cardinal - Old Beatty Ford Road.pdf; 01 ePCN Final.pdf; 02 2023-0215 Landis Stream & Wetland Impacts 17x11.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Roberto, Attached are the DMS acceptance letter and SOA from RES that were included in the e-PCN submittal. As a reminder I am also attaching the revised ePCN and site plan which illustrates the additional minimization to stream impacts. Please let me know if you need anything else. Thank you, Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 512-1206 office (828) 712-9205 mobile www.atlasenvi.com Offices in Asheville and Charlotte From: Scheller, Roberto <roberto.scheller@ncdenr.gov> Sent: Wednesday, March 8, 2023 11:32 AM To: Jennifer Robertson <jrobertson@atlasenvi.com>; rbeadle@jacksonshaw.com Subject: 2023-0048 Old Beatty Ford Road Project on HOLD Ryan Beadle, The subject 401 permit application has been placed on HOLD for insufficient information. It is required that the information listed below be provided to the Mooresville Regional Office in order for review of subject permit application to resume. - Copy of acceptance letter from Division of Mitigation Services (DMS) showing mitigation credits available. If you should have any questions, please contact me. i Roberto L. Scheller Environmental Consultiant Water Quality Regional Operations Section Mooresville Regional Office 704-235-2204 2 DWR Division of Water Resaurces Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 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. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on: * 9/28/2022 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:* Rowan Is this a NCDMS Project* Yes No Click Yes, only if NCDMS is the applicant or co -applicant. Is this project a public transportation project?* Yes No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): 18 and 39 List all NW numbers you are applying for not on the drop down list. Id. Type(s) of approval sought from the DWR: * check all that apply 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization le. 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: If. Is this an after -the -fact permit application?* Yes No Yes No 1g. 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. Yes No Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document 10 Old Beatty Ford Road DMS Acceptance.pdf 11 RES Yadkin 05 SOA - Cardinal - Old Beatty Ford Road.pdf FILE TYPE MUST BE PDF 1 h. Is the project located in any of NC's twenty coastal counties? * Yes No 1 j. Is the project located in a designated trout watershed? * Yes No 245.52KB 150.64KB Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordi nation/Trout.aspx B. Applicant Information 1 a. Who is the Primary Contact?* Mr. Ryan Beadle with Jackson Shaw 1 b. Primary Contact Email:* rbeadle@jacksonshaw.co m 1 d. Who is applying for the permit? * Owner (Check all that apply) 1 e. Is there an Agent/Consultant for this project? * Yes No 2. Owner Information 2a. Name(s) on recorded deed:* J Ralph Linn lc. Primary Contact Phone: * (xxx)xxx-xxxx (980)316-4024 Applicant (other than owner) 2b. Deed book and page no.: 2954 / 316 2c. Contact Person: (for Corporations) 2d. Address* Street Address 4523 Water Oak Road Address Line 2 City Charlotte Postal / Zip Code 28211 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 2a. Name(s) on recorded deed:* Fannie Deal Lipe 2b. Deed book and page no.: 1324 / 392 for both parcels 2c. Contact Person: (for Corporations) State / Province / Region NC Country 2d. Address* Street Address 840 Old Beatty Ford Road Address Line 2 City State / Province / Region China Grove NC Postal / Zip Code Country 28023 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 2a. Name(s) on recorded deed: * Otho Leon and Joyce Deal 2b. Deed book and page no.: 1037 / 816 and 877 / 64 2c. Contact Person: (for Corporations) 2d. Address* Street Address 2055 China Grove Road Address Line 2 City State / Province / Region China Grove NC Postal / Zip Code Country 28023 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 2a. Name(s) on recorded deed: * Brenda D Mills 2b. Deed book and page no.: unknown 2c. Contact Person: (for Corporations) 2d. Address* Street Address 407 York Avenue Address Line 2 City State / Province / Region Kannapolis NC Postal / Zip Code Country 28083 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 2a. Name(s) on recorded deed:* Eugene Long & Emilia De Mendoza 2b. Deed book and page no.: 1004 / 784 2c. Contact Person: (for Corporations) 2d. Address* Street Address 1260 Dial Street Address Line 2 City State / Province / Region Kannapolis NC Postal / Zip Code Country 28083 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 2a. Name(s) on recorded deed:* Elaine & Donald Kimball 2b. Deed book and page no.: 1136 / 551 2c. Contact Person: (for Corporations) 2d. Address* Street Address 8643 Unity Church Road Address Line 2 City State / Province / Region Mooresville NC Postal / Zip Code Country 28115 2e. Telephone Number: * (xxx)xxx-xxxx (980)316-4024 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * rbeadle@jacksonshaw.com 3. Applicant Information (if different from owner) 3a. Name:* Ryan Beadle 3b. Business Name: (if applicable) Jackson Shaw 3c. Address* Street Address 301 E Tremont Avenue, Suite C Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28203 United States 3d. Telephone Number:* (980)316-4024 (xxx)xxx-xxxx 3f. Email Address:* rbeadle@jacksonshaw.com 4. Agent/Consultant (if applicable) 4a. Name:* Jennifer Robertson 4b. Business Name: (if applicable) Atlas Environmental Inc 3e. Fax Number: (xxx)xxx-xxxx 4c. Address* Street Address 338 S. Sharon Amity Road #411 Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28211 4d. Telephone Number:* (704)512-1206 (xxx)xxx-xxxx 4f. Email Address:* jrobertson@atlasenvi.com 4e. Fax Number: (xxx)xxx-xxxx C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Old Beatty Ford Road 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: * China Grove 2. Project Identification 2a. Property Identification Number: (tax PIN or parcel ID) 140 002, 140 003, 140 167, 140 170, 140 168, 140 168, 140 169, 133A099, and 140 004 2b. Property size: (in acres) 149.25 2c. Project Address Street Address 559 Old Beatty Ford Road Address Line 2 City State / Province / Region China Grove NC Postal / Zip Code Country 28023 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* 35.535973 ex: 34.208504 3. Surface Waters Longitude:* -80.593881 -77.796371 3a. Name of the nearest body of water to proposed project: * Cold Water Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV Surface Water Lookup 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located.* 030401050202 River Basin Lookup 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 review area lies South of Old Beatty Ford Road and North of Hickory Wood Drive. The ground surface is generally sloping Southwest towards a channel feature along the Southwestern boundary of the review area. The topographic relief of the review area is approximately 110 feet based on GIS analysis with an approximate maximum elevation of 830 feet and minimum elevation of 720 feet. The surrounding land use consists predominantly of residential properties with a forested area to the Southeast. The current land use of the review area is mostly forested with a powerline right of way transecting the property from the Northeast to the Southwest. A narrow section of the review area extends from the Western region and extends to the Eastern side of North Cannon Boulevard. At the time of the visit, seven structures were observed to exist within the review area including an abandoned house, a well house, a cinderblock structure, three old barns, and an old shed. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.595 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 6243 4h. Explain the purpose of the proposed project: * The project purpose is for the construction of three industrial warehouse buildings and associated truck and trailer parking, employee parking, stormwater treatment, utilities, and additional required infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Seven impacts are proposed for the construction including wetland impacts as W1 and W2, as well as two impacts to intermittent streams S3 and S4, and three impacts to perennial streams S1, S2, and S5. Impact W1 is being permitted under the NWP 39 is for the permanent fill to the entirety of WL 6000 (0.152 acre). Impact W2, also permitted under NWP 39, 0.242 acres of permanent fill to the entirety of wetland WL 6100. Both impacts to wetlands are for the construction of one building and subsequent parking. Impact S3 is being permitted under the NWP 39 and is a permanent impact of 232 LF (0.02 acres) to CH 100 in the intermittent reach of the channel for construction of the entrance road and parking. Impact S4 is a permanent impact of (-0.002 acres) of CH 400 (-27 LF, 0.002 acres) for SCM slope fill. This impact falls under an NWP 18. All three impacts to perennial channels are permitted under the NWP 39. Impact S1 is for 399 LF (0.025 acre) to CH 600 for permanent parking, driveway access, and slope fill. Impact S2 is for 28 LF (0.003 acre) and is impacting CH 100 near the existing culvert for the construction of an entrance road. Impact S5 is a temporary impact of 40' (0.006 acre) for the proposed installation of a sanitary sewer. Typical construction equipment such as dump trucks, dozers, track hoes, and skid steers will be used to grade the site. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes No Unknown Comments: Atlas staff was on site on 06/02, 06/03, 08/24, 10/19, and 11/16/2022 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: Example: SAW-2017-99999 SAW-2022-01822 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Othe Atlas staff Atlas Environmental, Inc. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre - construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction Buffers 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a. Site #*(?) 2a1 Reason* (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name* 2e. Forested*Jurisdicition* 2f. Type of (?) 2g. Impact area * W1 building 3 and parking P Seep WL 6000 Yes Both 0.152 (acres) W2 building 3 and parking P Seep WI 6100 Yes Both 0.242 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.394 2g. Total Wetland Impact 0.394 2i. Comments: 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. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (.) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream 13f. Type* (?) Type of Jurisdiction 3g. S. width* 3h. Impact length* S1 building 3, parking, driveway access, and slope fill Permane nt Fill CH 600 Perennial Both 2 Average (feet) 364 (linear feet) (0.023 acre) S2 road crossing Permane nt Culvert CH 100 Perennial Both 4 Average (feet) eetlir r (0.003 acre) S3 road crossing and parking Permane nt Culvert CH 100 Intermitten t Both 3 Average (feet) 232 (linear feet) S4 SCM slope fill Permane nt Fill CH 400 Intermitten t Both 3 Average (feet) 22 (linear feet) (0.0014 acre) S5 sewer line installation Temporar y Excavation CH 800 Perennial Both 6 Average (feet) 40 (linear feet) ** All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 686 3i. Total temporary stream impacts: 40 3i. Total stream and ditch impacts: 726 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: * The permittee has avoided and minimized impacts through multiple methods including avoiding impact to the floodplain and using 3:1 side slopes grading. Additional minimization efforts include constructing retaining walls and headwalls. The total linear footage of streams on site is 6,243 LF. Over 89% of the streams onsite will not be permanently impacted. The total acreage of wetland on the site is 0.595 acre and almost 34% is not being impacted. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * The permittee has avoided and minimized impact through multiple methods including avoiding impact to the floodplain and using a 3:1 slopes for grading fill banks as well as constructing retaining walls and headwalls. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Cardinal 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 1243 3c. Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 686 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.394 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments For the perennial stream impacts Atlas is proposing a 2:1 mitigation ratio. For the intermittent stream impacts Atlas is proposing a 1.5:1 ratio. Atlas is proposing a 2:1 ratio for wetland impacts. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) * Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Yadkin-Peedee does not have Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* Yes No To look up low density requirement click here 15A NCAC 02H .1003(2). 2c. 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 N/A - project disturbs < 1 acre Hint: 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. 2d. Which of the following stormwater management program(s) apply (check all that apply): * Local Government State If you have a local government approval please include the SMP on their overall impact map. Local Government Stormwater Programs* Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. * China Grove / Rowan County Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (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. This is not a phased project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * Yes No N/A 4b. 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. This industrial development will connect to an existing sanitary sewer system along N Cannon Blvd (US Hwy 29). 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? * Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8?* Yes No Unknown 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 the 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 turbines)?** Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* if bedrock is encountered during construction small scale blasting may be required IPAC and NC NHP; see attached FWS comment letter 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * Essential Fish Habitat Mapper from NOAA Fisheries 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 sources did you use to determine whether your site would impact historic or archeological resources? * NC HPO Buffer Map; see attached SHPO comment letter 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 project meets FEMA requirements: no permanent fill will occur with a FEMA designated 100-year floodplain, the only work within the floodplain will be the installation of the sanitary sewer line 8c. What source(s) did you use to make the floodplain determination? * FEMA NFHL Google Earth Tool Miscellaneous Comments A 100-year floodplain is located within the review area. However, no construction is to occur within the floodplain. Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 00 DWR 30 day notice.pdf 288.25KB 01 Preliminary ORM Data Entry Fields for New Actions (Old Beatty ... 384.86KB 02 Cover Letter.pdf 232.48KB 04 Agent Authorization Form 2022.pdf 324.29KB 05 Property Report complete.pdf 960KB 06 Impact map.pdf 1.73MB 07 Old Betty Ford Road Aquatic Resources Sketch Map 20221214.... 12.19MB 08 [Old Betty Ford] T&E Letter 22-580_USACE_.pdf 326.11 KB 09 SHPO ER-22-1656_2.0.pdf 131.11KB File must be PDF or KMZ Signature * By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name:* Layla Tallent Signature* Date 12/29/2022 Impact VV2(NVVP39). Headwater Seep, 0.242acre Permanent, Building 3and Parking Impact G1(NWP39),Perennial Stream 5O4linear feet, O.O23acre Permanent, Building 3.Parking, Driveway Access, and Slope Fill Impact S4(NYVP18).Intermittent Stream 22linear feet, O.0O14acre, O.022ouyards Permanent, GCMSlope Fill 605 LEX NGTON AVENUE, SUITE it 301 Impact S5(NVVP39). Perennial Stream 40linear feet, 0.U08acre Temporary, Sewer Line Impact VV1(NVVP3Q). Headwater Seep, 0152acre Permanent, Building 3 and Parking STREAM & WETLAND IMPACT MAP OLD BEATTY FORD RD LAND|EiROWAN COUNTY, NORTH CAROUNA psuxoAx,z5,zo2a D.I..R ARA. lR I-— - ­ 1­11C111C A.. CI­T I. -IC. ITW. IR11.­ III— FINIO 1.1-R I—— R I— ­­­W-..TWR-. A-.Rl-.. AN. A.-I......R. 1­­RINO . R.11.~1 ... I 1A. Impact S3(NVVP3y).Intermittent Stream 332linear feet, 0.O20acre Permanent, Road Crossing, Parking Impact S2(NVVP30). Perennial Stream 28linear feet, 0.003acre Permanent, Road Crossing ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality December 20, 2022 Ryan Beadle Jackson Shaw 301 E. Tremont Avenue, Suite C Charlotte, NC 28203 Expiration of Acceptance: 6/20/2023 Project: Old Beatty Ford Road County: Rowan The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Yadkin 03040105 Warm Stream 686 Yadkin 03040105 Riparian Wetland 0.394 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Jennifer Robertson, agent fD,E CV„) RC TH CAPOI IRA Ekomehrw,IefExikersre.ta,Na•a Y Sincerely, AellyAtieltuvnoe FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 fires RES Aster, LLC Stream Mitigation Bank Statement of Availability December 20, 2022 U.S. Army Corps of Engineers Chris Hopper Asheville Regulatory Field Office 151 Patton Avenue 3208 Asheville, NC 28801 Re Project: Old Beatty Ford Road This document confirms that the Jackson Shaw and Ryan Beadle (Applicant) for the Old Beatty Ford Road (Project) has expressed an interest to utilize 1243.00 Stream Mitigation Credits from the RES Aster sponsored RES Yadkin 05 Umbrella Mitigation Bank, specifically 1243.00 Stream credits from the Cardinal site, in the Yadkin HUC 03040105. As the official Bank Sponsor, RES Aster, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@res.us if you have any questions. Best Regards, Amy Staley Credit Sales Manager Bank Sponsor — RES Aster, LLC