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HomeMy WebLinkAbout20161002 Ver 2_401 Application_20180718Kimley>»Horn July 23, 2018 Ms. Samantha Dailey U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Karen Higgins PAID NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 '� 0165)lav VA FJUL 2 4 .p018 �0 RE: Nationwide Permit 14 Reauthorization Application — Tarboro Eastern Petroleum Site Tarboro, Edgecombe County, North Carolina Dear Ms. Dailey and Ms. Higgins: On behalf of our client, Eastern Petroleum Corporation, Kimley-Horn is submitting the attached application for reauthorization under Nationwide Permit (NWP) 14 for the above referenced project in Edgecombe County. Unforeseen delays in the project prevented construction from proceeding before the expiration of the permit that was authorized December 6, 2016, and expired on March 18, 2017. Eastern Petroleum Corporation is proposing to construct the Tarboro Eastern Petroleum Site within a currently undeveloped 2.6 -acre property spanning two parcels in Tarboro, North Carolina. The proposed development will consist of a two-lane linear roadway entrance that will connect a proposed convenience store with associated fueling stations to West Wilson Street. One wetland (W1) was located within the project study area. W1 is a linear depressional wetland located within the floodplain of Holly Creek. No streams or open waters were delineated within the study area. Holly Creek is a perennial stream that is mapped on both the USGS Topographic Map (Tarboro Quad) and the NRCS Soil Survey Map for Edgecombe County. However, no buffer impacts will result from the proposed project construction. Impacts to jurisdictional features have been avoided and minimized to the extent practical by designing the development to be located as close to the Western Boulevard and West Wilson Street road frontage as possible, avoiding much of the eastern portion of the properties where the riparian buffer associated with Holly Creek extends into the property and minimizing the proposed impacts to W1. The driveway is located at the minimum allowable distance from the Western Boulevard/West Wilson Street intersection for permitting by NCDOT. Kimley>»Horn To assist in your review of this NWP application, the following information has been included: • PCN Application Form • Signed Agent Authorization Forms • Vicinity Map • USGS Topographic Map • Jurisdictional Features Map • USDA/NRCS Soil Survey Map • Permit Impacts Map • Wetland Data Forms • Expired NWP 14 Verification • Plan Sheet • NCDWR 401 Application Fee of $240 Page 2 If there is any additional information that would assist in the processing of this NWP application, please do not hesitate to contact me at 919-678-4155 or Jason.hartshorn@kimley-horn.com. Sincerely, Jason Hartshorn, PWS Environmental Analyst Cc: Yvonne Jones, Eastern Petroleum Corporation Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Eastern Petroleum Tarboro Site 2b. County: Edgecombe 2c. Nearest municipality / town: Tarboro 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Eastern Petroleum Corporation; ATTN: Yvonne Jones 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 398 3e. City, state, zip: Enfield, NC 27823 3f. Telephone no.: 252-445-5131 3g. Fax no.: 252-445-3634 3h. Email address: yjones@EPMart.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: Jason Hartshorn 5b. Business name (if applicable): Kimley-Horn 5c. Street address: 421 Fayetteville Street, Suite 600 5d. City, state, zip: Raleigh, NC 27601 5e. Telephone no.: 919-678-4155 5f. Fax no.: 5g. Email address: jason.hartshorn@kimley-horn.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 472894019300 and 472883658000 1 b. Site coordinates (in decimal degrees): Latitude: 35.893590 Longitude: -77.551074 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 2.6 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Holly Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW 2c. River basin: Tar -Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is located on an abandoned golf course and is mostly undeveloped except for several sand traps and a paved cart path. Roughly two-thirds of the project site is maintained as a grassy field, whereas the remaining third is forested. Land use in the vicinity of the project consists of medium -density residential housing, scattered commercial and industrial developments, and large tracts of agricultural fields and forestland outside of Tarboro. 3b. List the total estimated acreage of all existing wetlands on the property: 0.009 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: No streams exist within the project site or within 50 feet of the project area. 3d. Explain the purpose of the proposed project: The proposed project will construct a linear roadway entrance to connect a proposed convenience store and fueling station to West Wilson Street. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project will construct a two-way, linear roadway entrance connecting a proposed convenience store and fueling station to West Wilson Street. The linear roadway entrance is located at the minimum allowable distance from the intersection of West Wilson Street and Western Boulevard. Typical site preparation and construction equipment will be utilized, including bulldozers, excavators, graders, cranes dump trucks, concrete trucks, and pavers. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: A preliminary jurisdictional determination was completed on December 6, 2016. 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn Name (if known): Ross Sullivan Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. December 6, 2016 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The project was previously authorized under NWP 14 on December 6, 2016 (SAW ID: 2016-02166). Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary Site 1 ® P [IT Fill Riparian El Yes ® No ® Corps El DWQ 0.009 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.009 2h. Comments: Unavoidable impacts to jurisdictional wetlands will result from the construction of fill slopes associated with the proposed linear roadway entrance. A portion of W1 will be filled to accommodate site development. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary m (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ A. Total stream and tributary impacts 3i. Comments: No stream impacts will result from the proposed construction. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: No impacts to open waters will result from the proposed construction. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ®Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? 61 ❑P®T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: No buffer impacts will result from the proposed construction. The top of bank for Holly Creek is located more Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version than 50 feet outsite of the proposed project's limits of disturbance throughout the study area. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts have been avoided and minimized to the extent practical by designing the development to be located as close to the Western Boulevard and West Wilson Street road frontage as possible, avoiding much of the eastern portion of the property where the riparian buffer associated with Holly Creek extends into the property and minimizing the proposed impacts to W1. The driveway is located at the minimum allowable distance from the Western Boulevard/West Wilson Street intersection for permitting by NCDOT. Further, the driveway's location needed to be situated directly across from an entrance on the opposite side of W. Wilson Street. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to streams, wetlands, and protected riparian buffers within the corridor will be minimized to the extent practical throughout the construction process by avoiding these features with equipment, materials, and access corridors. Silt fencing will be installed around the limits of disturbance to help ensure that all construction equipment will remain within the project area throughout the construction process. Stormwater controls and erosion control features will be utilized to avoid impacts to downstream waters and to help minimze runoff from the Site. 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 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ElPayment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8of12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Stormwater generated by the proposed project will be directed to and treated by a wet detention pond that is proposed to be located just north of the ® Yes ❑ No proposed linear transportation project. Treated stormwater will discharge through a dissipater pad (located outside of the Tar -Pamlico protected riparian buffer) to ensure non-erosive velocities at the bottom of a slight slope. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 60.2% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Stormwater generated by the proposed project will be directed to and treated by a wet detention pond that is proposed to be located just north of the proposed linear transportation project. Treated stormwater will discharge through a dissipater pad (located outside of the Tar -Pamlico protected riparian buffer) to ensure non-erosive velocities outside at the bottom of a slight slope. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local govemmenYs jurisdiction is this project? Tarboro ® Phase II 3b. Which of the following locally -implemented stormwater management programs ® NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ 0 R (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered 'yes' to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered 'yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered 'yes'to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered 'no; provide a short narrative description. N/A 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No sewage will generated by the proposed linear transportation project. Sewage generated by the associated convenience store and fueling station will connect to the existing Tarboro sanitary sewer line located south of Western Boulevard. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? E:1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program (NHP) (updated April 2018) indicates there is an occurrence of the Tar River spinymussel within 1.0 mile of the project study area. However, there are no impacts to streams or stream buffers as a result of the proposed project. Suitable habitat is not present for red -cockaded woodpecker, but suitable roosting habitat is present for northern long-eared bat. However, NC NHP data indicates that there are no known maternity roosts within the project or within 1.0 mile of the project area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper reviewed July 16, 2016. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office HPOWEB GIS Service was reviewed on July 16, 2018 and multiple historic resources were located near to the project study area. The closest resource is Merriemeade (HPO Site ID: ED1312) which is a Study List house that is located roughly 900 feet north of the project study area. The other nearby historic resources are located more than 4,000 feet east of the project study area and are within the Tarboro Historic District (HPO Site ID: ED0017). Three National Register historic sites located within the Tarboro Historic District are within one mile of the project study area and they are: the Railroad Depot Complex (ED0018), the Edgecombe Agricultural Works (ED0431), the Walston-Bulluck House (ED0011), the Blount House (ED0002)the Cotton Press (HPO Site ID: ED0007), The Barracks (HPO Site ID: ED0001), the Redmond -Shackelford House (ED0013), and the Tarboro Town Common (ED0015). The proposed project is not anticipated to have an impact on the nearby historic sites due to the project being a one story convenience store/fueling station that is separated from the closest historic resource by a dense stand of trees. Further, there are gas stations and other commercial developments in the immediate vicinity of the proposed project. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. 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: A portion of the proposed project is located within the FEMA Flood Hazard Zone AE (1 % Annual Chance Flood Hazard). None of the proposed project falls within a regulatory floodway. Coordination with the local floodplain administrator will be conducted prior to site construction. 8c. What source(s) did you use to make the floodplain determination? FEMA DFIRM Panel 3720472800J (eff. Nov. 3, 2004) Jason Hartshorn 07/23/2018 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Name: . t > f L i 4' "- cl l 1 r Address: Phone: c-��__ Project Name/Description: Eastern Petroleum Tarboro Site Date: I cV 5 1 j (1.1 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: David Bailey Field Office: Raleigh Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: Eastern Petroleum Corporation hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Detenninations, Section 404 pen-nits/Section 401 Water Quality Certifications applications, and Tar -Pamlico River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, 1, the undersigned, being under contract to purchase the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and I larbors Act of 1899. Authorized this the r-, day of ( r rint Property Optionee's Name Prop y Optionee's ignatu Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Legend LJ Project Study Area Town of Tarboro Edgecombe County Kentucky Tennessee South Carolina Georgia 0 40 80 mmmc= Miles Project Location Virginia North Carolina Atlantic Ocean 0 1,000 2,000 Feet HALIFAX NASH EDGECOMBE Project Location WILSON PITT 0 GREENE Iles BERTIE MARTIN Figure 1: Vicinity Map Kimley>>> Horn Eastern Petroleum Tarboro Site Tarboro, North Carolina October 2016 e w •b �k i 7 10V r Golf0 '4 COUIrse. Opole • w s R v 4 � e P v w t d w T S r w + i r v f ./ aCu Legend Feet e- 44 Project Study Area 0 250 500 g fir " Figure 2: USGS Topographic Map Kimley)))Horn (Tarboro Quad) Eastern Petroleum Tarboro Site Tarboro, North Carolina October 2016 4f q -Y Kimley>»Horn MEN" ". vw�' Legend Wetiand rq Project Study Area Figure 3: Jurisdictional Features Map Eastern Petroleum Tarboro Site Tarboro, North Carolina October 2016 i� Site 1: 0.009 acres of impacts to wetland W1 a //lrrl/r — J��� 11 / r r / / / LN It X11\ %/111`1 �4 I• `I4LNO* r r / / / It X11\ %/111`1 ) F 0 50 100 Kimley)))Horn Legend -^-^- Holly Creek Left Top of Bank Wetland Impacts (0.009 acres) M 50' Tar -Pamlico Riparian Buffer Limits of Disturbance (LOD) Figure 5: Permit Impacts Map Eastern Petroleum Tarboro Site Tarboro, North Carolina October 2016 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/site: Eastern Petroleum Tarboro Site City/county: Tarboro/Edgecome Sampling Date: 10/3/2016 Applicanvowner: Eastern Petroleum Corporation State: NC Sampling Point: W1 -UP Investtgator(s): R. Sullivan (Kmley-Horn) Sea;on, Township, Range: Township 1, Tarboro Landform (hillslope, terrace, etc.): Floodplain Local relief (concave. convex, none): None Subregion (LRR or MLRA): LRR P Lt: 35.893652 Long: -77.550751 Soil Map unit Name. Wagram loamy sand (0-6% slopes) NN dauifatlon. None Are climatic I hj 1dro is conditions on the site typical for this time of year? Yes m No= (If no, explain in Remarks_) Are Vegetation SON. or Hydrology Q significantly disturbed? Are 'Normal Circumstances' present? Yes ©No= Are Vegetation Sol or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) Siom (%) 2% Datum: NAD 83 SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes_ No Is the Sampled Area Hydric Soil Present? Yes No within a Wettand? Yeses No 71 Wetland Hydrology Present? Yes No ✓ Remarks: The upland data point was taken N 14' east of and N1' higher in elevation than the wetland data point in a maintained grassy field. The site is situated on an abandoned golf course. HYDROLOGY Wettand Hydrology Indicators: Secondary Indicators (minimum of two reauired) Surface Soil Cracks (B6) Primary Indicators minimum of one is recuired check all that a Surface Water (A1) Aquatic Fauna (B13) Sparsely Vegetated Concave Surface (B8) High Water Table (A2) Marl Deposits (815) (LRR U) Drainage Patterns (B10) Saturation (A3) Hydrogen Sulfide Odor (C7) Moss Trim Lines (B16) Water Marks (B1) Oxidized Rhizospheres along Living Roots (C3) Dry -Season Water Table (C2) Sediment Deposits (B2) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Drift Deposits (B3) Recent Iron Reduction in Tiled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (84) TIS Muck Surface (C7) Geomorphic Position (D2) Iron Deposits (85) Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) FAC -Neutral Test (D5) Water -Stained Leaves (89) Sphagnum moss (D8) (LRR T. U) Field Observations: Surface Water Present? Yes_ No Depth (inches): Water Table Present? Yes - No _ Depth (inches): >24" Saturation Present? Yes No ✓ Depth (inches): >24" Wetland Hydrology Present? Yes El No includes .d fringe) Describe Recorded Data (stream gauge. monitoring well. aerial photos. previous inspections),' available: Remarks: No wetland hydrology indicators were observed at the upland data point. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 -UP 50% of total cover: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % CoverSpecies? Status Number of Dominant Species 1 1. None 10% N FACW That Are OBL, FACW, or FAC: (A) 2. 4. Total Number of Dominant 2 3. more in diameter at breast height (DBH), regardless of 5 Species Across All Strata: (B) 4. height. 6. Percent of Dominant Species 50% 5. Sapling/Shrub - Woody plants, excluding vines, less 7 That Are OBL, FACW, or FAC: (A/B) 6. 8. Herb - All herbaceous (non -woody) plants, regardless g Prevalence Index worksheet: 7. 10. Total % Cover of: Multiply by: Woody vine - All woody vines greater than 3.28 ft in 8. 11. OBL species x 1 = height. 12. = Total Cover 10 20 FACW species x2= 50% of total cover: 20°k of total cover: 5 15 15 FAC species x3- Saolina/Shrub Stratum (Plot size: ) 90 360 1. Liquidambar styraci/lua 5% Y FAQ FACU species x 4 = UPL species X5= 2 Column Totals: 105 (A) 395 (B) 3 Prevalence Index = B/A = 3.76 4. 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. _ 2 - Dominance Test is >50% 8. 3 - Prevalence Index is s3.0' 5% = Total Cover _ Problematic HydrophAc Vegetation' (Explain) 50% of total cover: 2.5% 20% of total cover: 1% Herb Stratum (Plot size: 5' ) 1, Festuca ovina 80% Y FACU 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2. Anmdinaria gigantea 10% N FACW Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 3, Eupatorium capillifolium 10% N FACU 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub - Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb - All herbaceous (non -woody) plants, regardless g of size, and woody plants less than 3.28 ft tall. 10. Woody vine - All woody vines greater than 3.28 ft in 11. height. 12. 100% =Total Cover 50% of total cover: 50% 20% of total cover: 20% Woody Vine Stratum (Plot size: 15' ) 1. None 2. 3. 4. 5• Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes II No -Z Remarks: (If observed, list morphological adaptations below). Most of the upland area is a maintained grassy field. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Pant: w1 -UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (mast) % Type Loc Texture Remarks 0-11" 10YR 2/2 95% 10YR 3/5 5% C M Loam 11-18" 10YR 4/1 95% 10YR 3/5 5% C M Loam 18-24" 10YR 6/1 90% 10YR 3/5 10% C M Silty loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. zLocation: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Solls3: Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (Fl) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) ✓ Depleted Matrix (F3) ` Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (177) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF1 2) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) ✓ Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (M LRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Type: Depth (inches): Hydric Soil Present? Yes ✓a No El No water table or soil saturation was observed at the upland data point. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Projectisite: Eastern Petroleum Tarboro Site City/county: Tarboro/Edgecome Sampling Date: 10/3/2016 Applicanvowner: Eastern Petroleum Corporation state: NC Sampling Point: W1-WEr Investigator(s): R. Sullivan (Mmley-Horn) Section, Township, Range: Township 1, Tarboro Landform (hdislope, terrace, etc.): Floodplain depression Local relief (concave, convex, none): Concave Slope (%) 1-2% Subregion (LRR or MLRA): LRR P Lat-. -77.550788 Lang: 35.893673 Datum: NAD 83 Soil Map unit Name: Wagram loamy sand (0-6% slopes) NWA dassification: None Are climatic 1 h is conditions on the site typical for this time of year'? Yes m No (If no, explain in Remarks.) Are Vegetation Sail , or Hydrology. significantly disturbed? Are 'Normal Circumstances' present? YesEZ] No= Are Vegetation Sort or Hydrology. naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yeses No� Wetland Hydrology Present? Yes No Remarks: Wetland W1 is a linear wetland within a depressional crenulation at the toe of a steep upland slope that drains towards Holly Creek. Strong evidence of hydrology was observed within the wetland (water stained leaves, iron oxidizing bacteria). Also, distinct hyrdrophytic vegetation was observed in the wetland. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Surface Sod Cracks (86) Sparsely Vegetated Concave Surface (88) Indica minimum of one is reouired check all that a Surface Water (Al) Aquatic Fauna (B13) High Water Table (A2) Marl Deposits (B15) (LRR U) Drainage Patterns (B10) Saturation (A3) Hydrogen Sulfide Odor (Cl) Moss Trim Lines (B16) Water Marks (B1) Oxidized Rhaospheres along Living Roots (C3) Dry -Season Water Table (C2) Sediment Deposits (B2) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Drift Deposits (B3) Recent Iron Reduction in Tiled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Thin Muds Surface (C7) Geomorphic Position (132) Iron Deposits (85) Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (B7) FAC -Neutral Test (135) Water -Stained Leaves (B9) tj Sphagnum moss (136) (LRR T, U) Field Observations: Surface Water Present? Yes _ No Depth (inches): Water Table Present? Yes No_ Depth (inches): Surface Saturation Present? Yes _ No _ Depth (inches): Surface Wetland Hydrology Present? Yes 1Z1 No includes capillm fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Both saturation and the water table was observed at the surface. Hydrology appears to be influenced mostly by groundwater. W1 also likely ponds stormwater runoff immediately after precipitation events. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Tree Stratum (Plot size: 30' ) 1. None 2. 3. 4. 5. 6. 7. 8. Sampling Point: W1 -WET Absolute Dominant Indicator Dominance Test worksheet: ° overSpecies? Status Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) = Total Cover 50% of total cover: 20% of total cover: Sapling/Shrub Stratum (Plot size: 15' ) 1. Anwdinaria gigantea 50% Y FACW 2. Liquidambarstyraclua 5% N FAC 3. 4. 5. 6. 7. 8. Remarks: (If observed, list morphological adaptations below) Total Number of Dominant 5 Species Across All Strata: (B) Percent of Dominant Species 100% That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: 55% =Total Cover OBL species 50% of total cover: 27.5% 20% or total cover: 11% Herb Stratum (Plot size: 5' ) FAC species 1. Murdannia keisak 20% Y OBL 2. Mwrostegium vimineum 20% Y FAC 3. Boehmeria cylindrica 10% Y FACW 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% = Total Cover 50% of total cover: 25% 20% of total cover: 10% Woody Vine Stratum (Plot size: 15' ) 1. Mikania scandens 5% Y FACW 2. 3. 4. 5. 50/o = Total Cover 50% of total cover: 2.5% 20% of total cover: 1% Remarks: (If observed, list morphological adaptations below) Total Number of Dominant 5 Species Across All Strata: (B) Percent of Dominant Species 100% That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index is 53.0' _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vine -All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes M No Vegetation within W1 was distinctly FACW or OBL as opposed to more upland species observed in the surrounding upland areas. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Pant: W1 -WET Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features unless otherwise noted.) Indicators for Problematic Hydric Solls3: (inches) Color (moist) % Color (mast) % Type Loc Texture Remarks 0-5" 10YR 2/2 100% Loam 5-12" 10YR 4/1 95% 7.5YR 4/5 5% C M Clay 12-18" 10YR 4/1 100% Silty clay loam 18-24" 10YR 5/1 100% Sandy clay loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Solls3: Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) ` Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1536) 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF1 2) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (1718) (MLRA 150A, 1508) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes . . . No Remarks: Both soil saturation and the water table was observed at the surface at the wetland data point location. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02166 County: Edgecombe U.S.G.S. Quad: NC -Tarboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: Eastern Petroleum Corporation Ms. Yvonne Jones Address: Post Office Box 398 Enfield, North Carolina 27823 Agent: Kimlev-Horn Mr. Ross Sullivan Address: 2421 Fayetteville Street, Suite 600 Raleigh, North Carolina 27601 Size (acres) 2_6 Nearest Waterway Holly Creek USGS HUC 03020103 Nearest Town Tarboro River Basin Tar Coordinates Latitude: 35.893554 Longitude: -77.551145 Description of projects area and activity: The applicant has requested a Department of the Army authorization to discharge dredged and/or fill material into waters of the United States in conjunction with the construction of the Eastern Petroleum Tarboro Site. Project activity would involve the construction of a two-way, linear roadway entrance, connecting a proposed convenience store and associated fueling station to West Wilson Street. Implementation of the proposed linear transportation project would result in the permanent discharge of fill material into 0.009 acres of wetland. All other impacts associated with the Eastern Petroleum Tarboro Site would be constructed in uplands, outside of waters of the United States. No mitigation is required for the proposed proiect. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14- Linear Transportation Proiects SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 10/19/2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Daileyna,usace.army.mil. Date: 12/06/2016 Expiration Date of Verification: 03/18/2017 DAILE.SAMAsigned by DAILEY.SAMANT DAILEY.SAMANhi AJ.1387567948 ON: c --US, o=U.S. Government, ou=DoD, HA.J.1387567948 -PKI ou-USA W=DAILEY.SAMANTHAJ.1387567948 Corps Regulatory Official: Date: 2016.12.0608:5236-05'00' Date: 12/06/2016 Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: A preliminary jurisdictional determination (JD) will be issued on the same date as this Nationwide Permit 14 verification. The jurisdictional determination for this project is based on preliminary jurisdictional data submitted by the consultant, Kimley-Horn, on behalf of the applicant. Approximately 0.009 acres of wetland (Wetland 1) was identified within the project boundary, which has been identified as the wetland road crossing, and immediate adjacent uplands. Water on-site flow into Holly Creek and into Hendricks Creek, a direct tributary to the Tar River, a traditional navigable water Remarks: E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be 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 (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by D A I L EY. S A M A N T DAILEYSAMANTHAJ.1387567948 DN: c=US, o=U.S. Government, ou=DoD, ou=Pb, HAJ.I387567948 Date: 2016.1.060853:8-05'00�1387567948 Corps Regulatory Official: SAMANTHA DAILEY Date of JD: 12/06/2016 Expiration Date of JD: 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?12=136:4:0. Action ID Number: SAW -2016-02166 County: Edgecombe Permittee: Eastern Petroleum Corporation Ms. Yvonne Jones Project Name: Eastern Petroleum Tarboro Site Date Verification Issued: 12/06/2016 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Eastern Petroleum Corporation Ms. Yvonne Jones File Number: SAW -2016-02166 Date: 12/06/2016 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of ermission B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.ariny.mil/Missions/CivilWorks/ReaulatocyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (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 appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: Samantha Dailey U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investiations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Samantha Dailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): December 6, 2016 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Eastern Petroleum Corporation Ms. Yvonne Jones Post Office Box 398 Enfield, North Carolina 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Eastern Petroleum Tarboro Site, Eastern Petroleum Corporation, Edgecombe County, SAW -2016-02166 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Edgecombe City: Tarboro Center coordinates of site (lat/long in degree decimal format): Lat. 35.893554°N, Long. 77.551145° W. Universal Transverse Mercator: Name of nearest water body: Holly Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: Wetlands: 0.009 acres. Cowardin Class: PEM Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ® Office (Desk) Determination. Date: December 6, 2016 ❑ Field Determination. Date(s): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terns and conditions of the NWP or other general permit authorization; (4) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): N Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Kimley-Horn submitted a Jurisdictional Determination Request on November 18, 2016. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. N Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Tarboro ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: December 6, 2016. ® National wetlands inventory map(s). Cite name: Corps of Engineers SimSuite — December 5, 2015. ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: N Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later iurisdictional determinations. DAILEY.SAMAN Digitally signed by DAILEy.SAMANTHAJ.1387567948 S,o=U.S. Gx,THA11387567 ou-_DC, ou=Ply, ou=USA, 948 cn=DAILEY.SAMANTHAJ.1387567948 Date: 2016.1206 0&51:42 -0500' Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is Impracticable) Table 1. On-site Aquatic Resources identified within the Eastern Petroleum Tarboro Site, Eastern Petroleum Corporation SAW -2016-02166 Estimated Amount of Latitude Latitude Cowardin Aquatic Resources in Site Number (ON) IoW Class Review Area Class of Aquatic Resource Linear Feet Acres Wetland 1 35.893673 77.550788 Palustrine 0.009 non -section 10, wetland 1 9 Know what's below. P f f ( R€ GCall before you � dig. I 11 Z i If / f f f FESi t -INV.-41.75 Q O t lS ? EXISTING LINEAR 1 t fit P < WETLAND d 126 LF OF G 15" RCP 0 0.509 {¢ P f> a L) 40p FORESAY FES \X µ zINV IN: 42:0 'IN(C���) � Lr C� oc 46 LF OF pt j o CCS -4 ` 16" RCP 08 e % a xy RIS: 58.18�� L.b �y CB -6 o INV IRI. 52.13 (CB -3) '� ,. � � �� �` 551.51 !NV OUT: 51.93 (C�-�6) .._ ,,� +c - 51.30 (CB -4) f n M CE3-7), `' � ! 49E _ AY FES)s f ' - - 54 �. s> 60 LF OF 59 � 59,15 " 7 / l .. 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INSTALLATION .. _ c CC" _a. _ P Tsp U a S SS LEV=5 . a p O W E U }/ O� Lh JulR D 2 4 2�i8 IIUJ 100 PROPOSE® CONTOUR _..__.. 100______ EXISTING CONTOUR 1-70.50 PROPOSED SPOT ELEVATION ik CATCH BASIN F- 1 -a CL1 DROP INLET q RCP PIPE CL LIMITS OF [DISTURBANCE CB CATCH BASIN HP HIGH POINT LP LOW POINT TC TOP OF CURB FL FLOLIE HPS HIGH POINT OF SWALE i JUNCTION BOX CHP HIGH POINT AINFORMATION-�----_-__-�-_.-_.---- EXISTING & TOPOGRAPHIC �. SOUTH•VEY .i i i i i Oi A, NC 27526, PHONE: 919-291-9163. I� CO z, 0 CQ � 1 m 0 N � m c� o z� Lw c`I r- V_ F- 1 -a CL1 o�� � c� q T 0 0 W � 1 Q < in a Q V) LU 0 m __jQ Uj Lij U) __j i Uj x co > OLLJ N �t Q0 � m c� o W ` c-- ; Lw c`I r- Q U) n F- 1 • CL1 <00 Q N q i 0 q0-)Lli Q < in a Q w Uj i < • Z ..j 01 .. SHEET NUMBER C3.0 z .I. 06 F- 1 • LLJ i i < • 01 .. SHEET NUMBER C3.0 E 0RID1 f Know what s w. 0 Callbefore you dig. ' /I /�.. 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(VA L,E WIDTH PUBLIC R/W) �_. _PKF ` I l CONTRACTOR TO VERIFY � EXISTING STRUCTURE DEPTH AND COORDINATE WITH ENGINEER PRIOR TO INSTALLATION i - N, � u o, a O J,1 .....,,,,. c ,. _..__. .,_,. _.._. _._......_._.... ss<%....,.....,. ..._,,..,._...__.,..., ,� _. „. _�...... ss __...m ,_._._ - - .,.m„, .,�m,......,,.. ,,._._.....�..�........... m.. - ..w..�....R..., ..�.,......�........... ss_._....,�..... �....,..�...�.. ,.,�.....,....,.. ....._ �« _ A „BO T OVER fiF r�GE" m ss 1 , . ° } ° j t E co C� RFJUL z a ZMGola . I 1 0 f . �I 100 PROPOSED CONTOUR __100- - -- EXISTING CONTOUR +,70.50 PROPOSED SPOT ELEVATION Wi CATCH BASIN s cri DROP INLET LLJ-j RCP PIPE CL LIMITS OF DISTURBANCE CB CATCH BASIN HP HIGH POINT LP LOW POINT TC TOP OF CURB FL FLOWLINE HPS HIGH POINT OF SWALE 0 JUNCTION BOX XHP HIGH POINT 'ALL CONSTRUCTION TO BE IN ACCORDANCE TOWN OF TARBORO AND/OR NCDOT STANDARDS AND MUNQ QQNUIIIQN .• 1. EXISTING INFORMATION SHOWN TAKEN FROM BOUNDARY & TOPOGRAPHIC SURVEY PROVIDED BY CHANDLER LAND 0.SOUTH FUQUAY FUUAY-VARINA, NC 27526, PHONE: �, 919-291-9163. I I a O c z Q Cid c� cD N m O U Lj 0 ci 0 zz s cri m LLJ-j Q <00 C:) CN \Li 0 o�0-)0 U W V)C5¢� z bi O 0' 4 I 0 LLJ r)0 c Z Z + < -ZLj • O rr z w > CLLij Q � W ■ Q� ® o� Z J Q N O z Q Cid c� m 0 -7) m O U Lj 0 0 N �- s cri m Q <00 C:) CN \Li 0 M U W z bi z 0' c Uj + • rr z ■ Z J a W z ■ Uj W U W CL 0' c + • rr ■ a W ■ Uj