20231536 Ver 1_ePCN Application_20231109

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
5/30/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231536
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
1a. Name of project:
JMS Storage
1a. Who is the Primary Contact?*
Sean Clark
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
11/9/2023
Nearest Body of Water
Black Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
35.499072-78.660556
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Q
`I
Is this a NCDMS Project
Yes No

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 permit(s) 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: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
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: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. 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
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. Name(s) on recorded deed:
JMSINVESTMENTS GROUP, LLC
2b. Deed book and page no.:
Book 5902, pg. 321
2c. Contact Person:
Jared Shea

2d. Address
Street Address
1167 Chisenhall Road
Address Line 2
City
Angier
Postal / Zip Code
27539
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Nikki Thomson
4b. Business Name:
Sage Ecological Services, Inc.
4c.Address
Street Address
3707 Swift Drive
Address Line 2
city
Raleigh
Postal / Zip Code
27606
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:
Pleasant Grove
2. Project Identification
2a. Property Identification Number:
160300-16-0734
2c. Project Address
Street Address
2752 Plainview Church Road
Address Line 2
City
Angier
Postal / Zip Code
27501
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Black Creek
3b. Water Resources Classification of nearest receiving water:
C;NSW
3c. What river basins) is your project located it *
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
13.69
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
030202011202
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: "
Land use in the general vicinity includes agriculture, timber, and rural residential.
Johnston County approved the site plan and erosion control plan in November 2022 (see attached). However, in Spring 2023, Johnston County inspectors visited the site while it was
under construction (clearing activities had just begun) and issued a violation letter for "unauthorized impacts to wetlands, streams and riparian buffers" The owner/developer immediately
ceased all clearing activities, temporarily stabilized the Site and coordinated with the USACE, NCDWR and local municipal staff in June 2023 for a path forward.
The USACE determined that the clearing activities which occurred within the wetland and stream areas were "exempt' under the Silvicultural allowances in the 404 regulations, especially
as the owner/developer agreed to restore the wetlands and streams beyond any limits necessary for the storage yard. Discussions were had with NCDWR regarding the unauthorized
impacts and an "after -the -fact' permit application is believed to be appropriate. The owner/developer has redesigned the proposed site plan to reduce overall impacts as much as is
practicable and recognizes that unavoidable wetland impacts will require mitigation. The applicant is also providing a stream, buffer and restoration plan for the stream, riparian buffer and
wetland areas which are outside of the permanent impact footprint.
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:
1.368
4g. List the total estimated linear feet of all existing streams on the property:
873
4h. Explain the purpose of the proposed project:*
The purpose of the project is to build a commercial storage facility in the area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project is to construct a commercial storage facility with necessary parking and stormwater device.
The owner/developer has redesigned the proposed site plan to reduce overall impacts as much as is practicable and recognizes that unavoidable wetland impacts will require mitigation.
The applicant is also providing a stream, buffer and restoration plan for the stream, riparian buffer and wetland areas which are outside of the permanent impact footprint.
Streams are not crossed multiple times by roads. All remaining jurisdictional resources and their associated riparian buffers on the Site will be restored and protected as is required. Heavy
equipment typically used for residential construction (e.g., backhoes, bulldozers, excavators, etc.) will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Phil Beach & Ryan Elliott
Agency/Consultant Company: Sage Ecological Services, Inc.
Other:
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?
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

2a1 Reason (?)
2b. Impact type* M
2c. Type of W.
2d. W. name
2e. Forested"
rfType of Junsdicition"
2g. Impact
area
Fill
P
Headwater Forest
WB
Yes
Both
0.375
(acres)
Clearing
T
Headwater Forest
WB
Yes
Both
0.569
(acres)
Fill
P
Headwater Forest
WB
Yes
Both
0.052
(acres)
Clearing
T
Headwater Forest
WC
Yes
Both
0.062
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.631 0.427
2g. Total Wetland Impact
1.058
2i. Comments:
Of the 1.368 acres of wetland on the Site, only 1.058 were impacted. Of the clearing impacts, the applicant is proposing to restore 0.631 acres of
wetland and requesting permanent fill to 0.427 acres. The applicant is aware that mitigation will be required (see attached SOA).
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name *
3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Clearing/Grubbing
Temporary
Other
SB
Intermittent::]
Both
Averege (feet)
305
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 305
31. Total stream and ditch impacts:
305
3j. Comments:
Temporary stream impact is 305 LF (710 SF / 0.016 acre). The applicant intends to restore the intermittent channel to its pre -impact contours, pattern &
dimensional profile. See attached plans.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Clearing
T
SB
Yes
1,409
3,958
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,409.00 3,958.00
Zone 1
Zone 2
Total Permanent impacts: 0.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 1,409.00
3,958.00
6i. Comments:
The buffer was cleared but not grubbed; the owner/developer intends to replant the riparian area at a rate of 320 stems per acre in accordance with the
Buffer Restoration guidelines previously published by NCEEP. See attached plan.

E. Impact Justification and Mitigation
O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Site was cleared without proper authorization, resulting in significant impacts to existing jurisdictional wetlands and a jurisdictional intermittent
stream. A stream and wetland delineation was performed to identify environmentally sensitive areas on the Site. Total temporary wetland impact is 0.63
acres, permanent wetland impact is 0.43 acres. Total temporary stream impact is 305 linear feet (710 SF). Total temporary impact on Zone 1 buffer is
1409 SF. Total temporary impact on Zone 2 is 3958 SF. All impacts were made as a result of clearing activities made to prepare for construction of a
storage facility. The owner/developer intends to restore any impacted wetland, stream and riparian areas outside of the permanently proposed impacts
requested in this application.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing
and sediment basins will be installed to provide additional protection from stormwater runoff.
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:
Falling Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.86
3c. Comments
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
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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.
Johnston County
Comments:
The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the
stormwater management plan be approved before any impacts may be conducted.
G. Supplementary Information O
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
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
2b Provide an explanation of the violation(s):
Johnston County approved the site plan and erosion control plan in November 2022 (see attached). However, in Spring 2023, Johnston County
inspectors visited the site while it was under construction (clearing activities had just begun) and issued a violation letter for "unauthorized impacts to
wetlands, streams and riparian buffers" The owner/developer immediately ceased all clearing activities, temporarily stabilized the Site and coordinated
with the USACE, NCDWR and local municipal staff in June 2023 for a path forward.
The USACE determined that the clearing activities which occurred within the wetland and stream areas were "exempt" under the Silvicultural allowances
in the 404 regulations, especially as the owner/developer agreed to restore the wetlands and streams beyond any limits necessary for the storage yard.
Discussions were had with NCDWR regarding the unauthorized impacts and an "after -the -fact" permit application is believed to be appropriate. The
owner/developer has redesigned the proposed site plan to reduce overall impacts as much as is practicable and recognizes that unavoidable wetland
impacts will require mitigation. The applicant is also providing a stream, buffer and restoration plan for the stream, riparian buffer and wetland areas
which are outside of the permanent impact footprint.
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.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale commercial development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Black Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e.,
not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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
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?
On September 21, 2023, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E
species are documented on or within 1.0-mile of the Site.
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 (EFH) Mapper: https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper
The Project is located in Johnston County which does not contain any Essential Fish Habitat.
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? *
NCSHPO HPOWeb database. The site does not contain any historical properties. There are three survey -only properties within a 1-mile radius.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center (https://msc.fema.gov/portal/search) 3720160200K, effective on 6/20/2018
The Project does not contain any FEMA-regulated floodplains.
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 dreg and drop files here to attach document
JMS Storage Site Supplemental Documentation.pdf 17.8MB
File must be PDF or KMZ
Comments
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 — Impact Sketch Map
NCNHP Database Report
USFWS IPaC Report
Prefiling Notice Acknowledgement
PJD Request Documentation
Impact Maps
Restoration Plan
Wildlands Wetland Mitigation SOA
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:
Nicole J Thomson
Signature
O

Date
11/9/2023