20230876 Ver 1_ePCN Application_20230614

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
11/6/2022
BIMS # Assigned
20230876
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Pressly Farm
la. Who is the Primary Contact?
Andrew Natale
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/14/2023
Nearest Body of Water
Fourth Creek
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.813109°
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
Yes No
Longitude:
-80.8449210
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
39 and 58
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
58 - Utility Line Activities for Water and Other Substances (frequently used)
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Rev JH Pressly Farm Ptnrshp LLP
2b. Deed book and page no.:
2124/1726
2c. Contact Person:
Rev JH Pressly Farm Ptnrshp LLP
2d. Address
Street Address
257 E Broad Street
Address Line 2
City State / Province / Region
Statesville NC
Postal/Zip Code Country
28677 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Andrew Natale
3b. Business Name:
SJP Properties
3c.Address
Street Address
45 Park Avenue New York
Address Line 2
City
New York
Postal / Zip Code
10016
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental, Inc.
4c.Address
Street Address
338 South Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Iredell
2. Project Identification
2a. Property Identification Number:
4755252950
2f. Fax Number:
State / Province / Region
New York
Country
USA
3e. Fax Number:
[phone]
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
78.768
(-D

2c. Project Address
Street Address
190 Victory Lane
Address Line 2
City
State / Province / Region
Statesville
NC
Postal / Zip Code
Country
28625
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Fourth Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?"
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401020402
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 general land use of the existing site is mostly forested with three agriculture fields. No structures were observed within the project review area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2023-00602
4f. List the total estimated acreage of all existing wetlands on the property:
0.394
4g. List the total estimated linear feet of all existing streams on the property:
4,632
4h. Explain the purpose of the proposed project:
The project is for the construction of 2 industrial buildings, associated parking, utilities, and infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed project will require mechanized land clearing for grading to remove existing vegetation to prepare the ground surface for construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No 9 Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-00602
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Atlas Staff
Agency/Consultant Company: Atlas Environmental
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
03/20/2023
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?
No. This is not a phase project.

D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
W1
2a1 Reason (?)
Fill
2b. Impact type* (?)
P
2c. Type of W.*
Ftt-mland Hardwood Forest
2d. W. name
WL 2100
2e. Forested"
Yes
2f. Type of Jurisdicition"
Both
�29. Impact
area
0.171
(acres)
ff77771r",
P
Bottomland Hardwood Forest
WL 2300
E=Fot'
J�=_
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.175
2i. Comments:
Both impacts are associated with a NWP 39
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.175
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Utility Line
Temporary
Other
CH 100
Perennial
Both
9
20
Average (feet)
(linear feet)
S2
Utility Line
Temporary
Other
CH 200
Perennial
Both
26
Average (feet)
(linear feet)
S3
French Drain
Permanent
Culvert
CH 400
Intermittent
Both
49
Averege (feet)
(linear feet)
S4
Culvert
Permanent
Culvert
CH 200
Perennial
Both
5
18
Average (feet)
(linear feet)
S5
Culvert
Permanent
Culvert
CH 200
Perennial
Both
Averege (feet)
(linear feet)
S6
Culvert
Permanent
Culvert
CH 200
Perennial
Both
45
Average (feet)
(linear feet)
S7
Culvert
Permanent
Culvert
CH 200
Perennial
Both
49
Averege (feel)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
170 46
31. Total stream and ditch impacts:
216
3j. Comments:
Impacts S1 and S2 are temporary impacts for utility crossings and are under NWP 58.
Impacts S3-S7 are under NWP 39.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
After the approval from the town of Statesville, site plan 2 was chosen to avoid and minimize stream and wetland impacts at the greatest extent possible.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The site layout and grading plan have been engineered and designed to minimize stream and wetland impacts. Stream Impacts S1 and S2 are
temporary for the installation of a sewer line. Impact S3 on CH 400 will be French drained and the smaller adjacent impact S4 will be culverted. After the
approval from the town of Statesville, Impact S6 is for a stream crossing on an existing culvert with wingwalls.
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 options) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.175
4h. Comments
No stream mitigation needed
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(-es)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Not adjacent to protected riparian buffers
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
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
None, Unincorporated area, County
Comments:
Post -Construction Stormwater Permitting Map identifies the area as an unincorporated area and to verify with local authority.
G. Supplementary Information

1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?'�
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project which will not result in additional development.
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.
Connecting into sewer line
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NHP and IPAC
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?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? "
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPOW 2.0

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The engineers have designed a site plan that meets FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?"
NFHL
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Pressly Farm epcn documents compressed.pdf 6.65MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Allyson Sinclair
Signature
/Je/o�r Sii�act
Date
6/14/2023
U

Angela Petros
From: Angela Petros
Sent: Sunday, November 6, 2022 7:06 PM
To: 401 PreFile
Subject: Pressly Farm NWP 39 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 39 application for the Pressly Farm project. This project is in Statesville
(Iredell County) and is an Industrial project. SJP Properties is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ENVIRONMENTAL

Preliminary ORM Data Entry Fields for New Actions
SAW-2023-00602 BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Pressly Farm
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose [PCN Form 133d and 133e]:
The project is for the construction of 2 industrial buildings, associated parking, utilities, and
infrastructure.
4. Property Owner / Applicant [PCN Form A3 or A41: Owner: Rev JH Pressly Farm Ptnrshp LLP
Applicant: SJP Properties Attn: Andrew Natale 'r
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: SAW-2023-00602
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
190 Victory Lane Statesville, NC 28625
35.8131090 /-80.844921 0
8. Project Location - Tax Parcel ID [PCN Form 131a]: 4755252950
9. Project Location — County [PCN Form A2b]: Iredell
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Statesville
11. Project Information — Nearest Waterbody [PCN Form 132a]: Fourth Creek, Class: WS-IV, # 12-108-20
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: South Yadkin 03040102
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 39/58
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

US Army Corps of Engineers
Charlotte Regulatory Field Office
Attn: Krysta Stygar
8430 University Executive Park Drive Suite 615
Charlotte, North Carolina 28262
Re: Pressly Farm +/- 78.768 acres
190 Victory Lane Statesville, NC 28625
Nationwide Permit 39/58 Verification Request
Action ID # SAW-2023-00602
Krysta/Stephanie:
June 09, 2023
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Stephanie Goss
1617 Mail Service Center
Raleigh, NC 227699-1617
The applicant for the Pressly Farm project, Andrew Natale of SJP Properties, is requesting
approval of the enclosed nationwide permit 39/58 verification package. Atlas Environmental
staff completed the delineation on September 16, 20, 21, 2023 and assessed the presence of
eight channels and four abutting wetlands within the review area.
The review area mostly consists of forested land and agricultural fields. Atlas staff identified
eight jurisdictional streams located within the review area identified as CH 100, CH 2O0, CH
300, CH 400, CH 500, CH 600, CH 700, and CH 800. CH 400 was assessed as intermittent, CH
100, CH 2O0, CH 300, CH 500, CH 600, CH 700, and CH 800 were assessed as perennial.
Atlas observed four jurisdictional wetlands within the review area identified as Wetlands WL
2000, WL 2100, WL 2200, and WL 2300. All wetlands are abutting CH 200 and are forested
wetlands.
The project purpose is for the construction of two industrial warehouse buildings and associated
truck and trailer parking, employee parking, stormwater treatment, utilities, and additional
required infrastructure. Building 1 is approximately 359,000 square feet. Building 2 is
approximately 210,000 square feet, both buildings have been designed and engineered to avoid
and minimize impacts to aquatic resources to the greatest extent possible.
Seven unavoidable stream impacts are proposed for the construction of the industrial
warehouses. Two temporary impacts identified as stream impacts S1 (N 20 LF, 0.004 Ac.) and
S2 (N 26 LF, 0.0032 Ac.) are necessary for the installation of a sewer line. Stream impact S3 (-
49 LF, 0.003 Ac.) is for grading. Stream impact S3 will be a 49' French drain. Impact S4 (N 18
LF, 0.002 Ac) is on CH 200 and will be culverted. Impact S5 (N 9 LF, 0.001 Ac.) will be filled for
grading. Impacts S6 (N 45 LF, 0.004 Ac.) and S7 (N 49 LF, 0.004 Ac.) will be culverted with
wing walls on both sides.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

TLAS
VIRONMENTAL
Two permanent, unavoidable wetland impacts identified as W1, W2 are proposed for the
construction. Impact W1 is approximately 0.1706 acre of permanent fill a portion of wetland
WL 2100. Impact W2 is approximately 0.004 acre of permanent fill to wetland WL 2300.
Impacts have been significantly reduced by the proposed design and location of the building
and other infrastructure.
Corps wetland impacts do exceed 0.10 acre. Corps mitigation is required. The wetland impacts
occur within the South Yadkin HUC 08. See the enclosed NC Division of Mitigation Services
acceptance letter for wetland mitigation credits.
Enclosed are the necessary permit application documents and additional information. Thank
you for your attention to the enclosed request. Please contact me if you need any additional
information.
Best regards,
Cassie Griffin, Environmental Specialist
[e-mail]
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

DocuSign Envelope ID: EE5A49F6-7CD0-4004-AA5D-DF1861`531 BBF
TLAS
VIR�NMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Pressly Farm
Project Name:
Property Owner of Record:
Rev JH Pressly Farm Ptnrshp LLP
Contact Name:
Andrew Natale
Address:
45 Park Avenue
Address:
New York, NY 10016
Phone/Fax Number:
973-257-3001
Email Address:
[e-mail]
Project Address:
190 Victory Lane
Statesville, NC 28625
Project Address:
Tax PIN:
4755252950.000
ocu ign y:
Signature:
GtLI_. Ndk
930CB39EBBBE4EA...
3/9/202 3
Date:
ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atiasenvi.com

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 1, 2022
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Layla Tallent ltallent e,atlasenvi.com
ATLAS Environmental, Inc.
338 South Sharon Amity Road 9411
Charlotte, NC 28211
Re: Construct Pressly Farm industrial building, 190 Victory Lane, Statesville, Iredell County,
ER 22-2366
Dear Ms. Tallent:
Thank you for your letter of September 23, 2022, concerning the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

ua
FTM
SE� .Fe
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 2, 2022
David Rabon
Atlas Environmental, Inc.
338 South Amity Road 9441
Charlotte, North Carolina 28211
drab on (cry, atl as envi . com
Subject: Pressly Farm Industrial Development; Iredell County, North Carolina
Dear David Rabon:
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
revised correspondence dated September 30, 2022, wherein you solicit our comments regarding
project -mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
On July 5, 2022, the U.S. District Court of the Northern District Court of California vacated the
2019 regulations implementing section 7 of the Act. On September 21, 2022, the Ninth Circuit
Court of Appeals granted a request to stay the U.S. District Court of Northern California's July 5,
2022, order that vacated the 2019 Act regulations. As a result, the 2019 regulations are again in
effect, and the U.S. Fish and Wildlife Service (Service) has relied upon the 2019 regulations in
issuing our written concurrence on the action agency's "may affect, not likely to adversely
affect" determination. However, because the outcome of the legal challenges to the 2019 Act
regulations is still unknown, we considered whether our substantive analyses and conclusions
would have been different if the pre-2019 regulations were applied in this informal consultation.
Our analysis included the prior definition of "effects of the action." We considered all the "direct
and indirect effects" and the "interrelated and interdependent activities" when determining the
"effects of the action." We then considered whether any "effects of the action" that overlap with
applicable ranges of listed species would be wholly beneficial, insignificant, or discountable to
the species. As a result, we determined the substantive analysis and conclusions would have been
the same, irrespective of which regulations applied.
Project Description
According to the information provided, the Applicant proposes to construct an industrial
development and appurtenances on approximately 78.8 partially forested acres in Mooresville,
North Carolina. The information provided suggests that the proposed project will require
authorization from the U.S. Army Corps of Engineers for unavoidable impacts to Waters of the
United States. Site development plans and/or a description of impacts to Waters of the U.S. or
onsite habitats has not been prepared or provided at this time.

Federally Listed Endangered and Threatened Species
Your correspondence indicates that suitable habitat is present within the action area (50CFR
402.02) for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii). However,
targeted botanical surveys conducted during the appropriate timeframe for this species
(September, 2022) detected no evidence for this species at that time. Therefore, we believe that
the probability for inadvertent loss of these plants is insignificant and discountable and would
concur with a "may affect, not likely to adversely affect" determination from the action agency
for this plant. Botanical survey results are valid for two years for the purposes of consultation
under the Act:
hllps://www.fws. gov/asheville/pdfs/Optimal%20Survey%20Windows%20for%20listed%20plant
s%202020.pdf
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present within the proposed
action area. On September 14, 2022, the Service published a proposal in the Federal Register to
list the tricolored bat as endangered under the Act. The Service has up to 12 months from the
date the proposal published to make a final determination, either to list the tricolored bat under
the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily
due to the range -wide impacts of WNS. Because tricolored bat populations have been greatly
reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such
as human disturbance and habitat loss. Species proposed for listing are not afforded protection
under the Act; however, as soon as a listing becomes effective (typically 30 days after
publication of the final rule in the Federal Register), the prohibitions against jeopardizing its
continued existence and "take" will apply. Therefore, if you suspect your future or existing
project may affect tricolored bats after the potential new listing goes into effect, we recommend
analyzing possible effects of the project on tricolored bats and their habitat to determine whether
consultation under section 7 of the Act is necessary. Conferencing procedures can be followed
prior to listing to ensure the project does not jeopardize the existence of a species. Projects with
an existing section 7 biological opinion may require re -initiation of consultation to provide
uninterrupted authorization for covered activities. Please contact our office for additional
guidance or assistance.
Monarch butterfly is a candidate species, and we appreciate the project proponent's
consideration of monarch butterfly when evaluating the action area for impacts to federally listed
species and their habitats. The species is not subject to section 7 consultation, and an effects
determination is not necessary. General recommendations for pollinators can be provided and
would be protective of monarch butterfly should the project proponent like to implement them in
the future.
Your correspondence indicates that suitable habitat is not present within the action area for any
other federally protected species. Please be aware that obligations under section 7 of the Act
must be reconsidered if. (1) new information reveals impacts of the identified action may affect
listed species or critical habitat in a manner not previously considered, (2) the identified action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
We offer the following recommendations on behalf of natural resources:
K

Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods, which can induce potentially
catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
implement storm -water -retention and -treatment measures designed to replicate and maintain the
hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-23-414.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00602 County: Iredell U.S.G.S. Quad: NC -Statesville East
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
SJP Properties
Andrew Natale
Address:
45 ParkAvenue
New York, New York 10016
Telephone Number:
973-257-3001
E-mail:
anataleka pprWerties.com
Size (acres) 78.768
Nearest Waterway Fourth Creek
USGS HUC 03040102
Nearest Town Statesville
RiverBasin Upper Pee Dee
Coordinates Latitude:35.813109
Longitude:-80.844921
Location description: Property is located at 190 VictorvLane, near Statesville, Iredell Coun1y.North Carolina. PIN:
4755252950
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation mapdated 9/26/2022. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity on the site as if they
are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may requestan approved JD, which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2023-00602
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&msace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0: See the
preliminary jurisdictional determination form dated 03/20/2023.
D. Remarks: See potential aquatic resources sketch map labeled, "Pressley Farm 0912612022 "
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information ('Phis information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determ ination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD:03/20/2023 Expiration Date of JD: Not a1212lic able

SAW-2023-00602
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Atlas Environmental, Inc
Jennifer Robertson
Address: 338 S. Sharon Amity Road # 411
Charlotte, NC 28211
Telephone Number: 828-449-9982
E-mail: jrobertson(a�atlas-envi.com
Property Owner: REV. JH Pressly Farm Partnership LLP
James Ashboro
Address: 257 E. Broad Street
Statesville, NC 28677
Telephone Number: TELEPHONE
E-mail: E-MAIL

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: SJPProperties,AndrewNatale File Number: SAW-2023-00602
Date: 03/20/2023
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluatingyour objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appealthe permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept orappealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants,to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive Park Drive, Suite
615, Charlotte, North Carolina 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 03/20/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: SJP Properties, Andrew Natale, 45 Park
Avenue, New York, New York 10016
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Pressley Farm, SAW-2023-
00602
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Property is located at 190 Victory
Lane, near Statesville, Iredell County, North Carolina. PIN: 4755252950
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County:Iredell City: Statesville
Center coordinates of site (lat/long in degree decim a I form at): Latitude: 35.813109 Longitude:-80.844921
Universal Transverse Mercator:
Name of nearestwaterbody: Fourth Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 09/16/2022, 09/20/2022 , 09/21/2022
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amountof
aquatic
resources in
reviewarea
(acreage and
linear feet, if
applicable
Type of aquatic
resources(i.e.,wetland
vs. non -wetland waters)
Geographic
authority to
which the
aquatic resource
"may be" subject
(i.e., Section 404
or Section
10/404)
CH 100
35.81352
-80.8541
724 LF
Non -wetland waters
Section 404
CH 200
35.81367
-80.85247
2895 LF
Non -wetland waters
Section 404
CH 300
35.81413
-80.85247
239 LF
Non -wetland waters
Section 404
CH 400
35.8136
-80.8507
58 LF
Non -wetland waters
Section 404
CH 500
35.814522
-80.84507
172 LF
Non -wetland waters
Section 404
CH 600
35.81414
-80.84517
18 LF
Non -wetland waters
Section 404
CH 700
35.81671
-80.84719
494 LF
Non -wetland waters
Section 404
CH 800
35.81704
-80.84669
35 LF
Non -wetland waters
Section 404
W L 2000
35.8138
-80.85086
0.001 acres
Wetland
Section 404
W L 2100
35.81346
-80.84932
0.381 acres
Wetland
Section 404
W L 2200
35.81349
-80.84902
0.008 acres
Wetland
Section 404
W L 2300
35.81368
-80.84746
0.004 acres
Wetland
Section 404

1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or othergeneral permitverification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Topographic Map, USGS Topographic Map, Lidar, WSS, NWI, NHD, HUC
12, HUC 8, Aerial Maps, Parcel Map
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
El Office doesnotconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
El Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data:
® USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Statesville East
® Natural Resources Conservation Service Soil Survey. Citation: GIS Database
®Nationalwetlands inventory map(s). Cite name: GIS Database
❑ State/local wetland inventory map(s):
®FEMA/FIRM maps: Google Earth
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): Aerials
or ® Other (Name & Date): Site photographs taken 09/
/❑Previous determination(s). File no. and date of response letter:
❑Other information (please specify):
I, MPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
03/20/2023
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action_

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Andrew Natale
SJP Properties
45 Park Avenue
New York, New York 10016
NORTH CAROLINA
Environmental Quality
June 13, 2023
Expiration of Acceptance: 12/13/2023
Project: Pressly Farm County: Iredell
This is a conditional acceptance letter.
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-di it HUC
Impact Type
Impact Quantity
Yadkin
03040102
Non -Riparian Wetland*
0.175
Won -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountain and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. 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 [e-mail].
Sincerely,
A_V�tlm�
FOR James. B Stanfill
Deputy Director
cc: Jennifer Robertson, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
RE IQ 217west Jones Street 1 1652 Mall Service Center I Raleigh, North Caro€Ina 27699-1652
+ 919.707.8976