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HomeMy WebLinkAbout20190084 Ver 1_Riparian Buffer Authorization_20190115Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* Version* 1 20190084 Is this project a public transportation project?* r Yes r No Reviewer List:* Stephanie Goss: eads\szgoss Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200 Submittal Type:* Riparian Buffer Authorization Does this project require a request for payment to be sent? r Yes r• No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: F New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Kevin Ferguson Who is subrritting the information? Email Address: kferguson@ecslimited.com Project Information Project Name: Peake Road Farm Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yesr No r Unknown County (ies) Person Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Pea ke Road Farm Buffer Authorization Submitta... 4.94MB Only pdf or k rm files are accepted. Describe the attachments: Peak Road Farm Buffer Authorization Submittal Packet. V By checking the box and signing box below, I certify that: o I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") o 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'); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: Submittal Date: EC NIIIIIIIIII1 I ECS SOUTHEAST, LLP Geotechnical • Construction Materials • Environmental 9001 Glenwood Avenue Raleigh, North Carolina 27617 Telephone 919-861-9910 Fax 919-861-9911 To: North Carolina Department of Environmental Quality Raleigh Regional Office Division of Water Resources 3800 Barrett Drive Raleigh, North Carolina 27609 We are sending you the following items via: LETTER OF TRANSMITTAL Date: 1/11/2019 Project No. 49:4358-H Buffer Authorization Request Peake Road Farm Peake Road Oxford, Granville County, North Carolina COPIES DATED DESCRIPTION 1 1/11/2019 Buffer Authorization Request Packet These are transmitted as checked below: X For your use As requested REMARKS COPY TO: kferguson(a)ecslimited.com; Kevin Ferguson SIGNED:/ 1/11/2019 CS ECS SOUTHEAST, LLP "Setting the Standard for Service �. Geotechnical • Construction Materials • Environmental • Facilities January 11, 2019 North Carolina Department of Environmental Quality Raleigh Regional Office Division of Water Resources 3800 Barrett Drive Raleigh, North Carolina 27609 Reference: Buffer Authorization Request Peake Road Farm Peake Road Oxford, Granville County, North Carolina ECS Project No. 49:4358-H To Whom it May Concern: ECS Southeast, LLP (ECS) would like to submit this request for buffer authorization for the Peake Road Farm site. The Peake Farm Road site is located on Peake Road in Oxford, Granville County, North Carolina. ECS is submitting this request on the behalf of Strata Solar LLC. Background ECS previously conducted a wetland and stream delineation for the original Project Study Area (PSA) on April 10, 2017. The original PSA was verified by the United States Army Corps of Engineers (USACE) under SAW -2017-01760 on August 22, 2017 and by the North Carolina Department of Water Resources (NCDWR) under TPRRO #17-169 on August 1, 2017. A copy of this correspondence is attached. Additionally, ECS conducted a wetland and stream delineation for the additional PSA on March 7, 2018. The additional PSA was verified by the USACE under SAW -2017-01760 on October 4, 2018. ECS received email correspondence from NCDWR on March 21, 2018 indicating that riparian buffers apply to the stream on the additional PSA. A copy of this correspondence is attached. The project consists of developing the site with a solar power generating facility. A medium voltage line will be connected from the solar array field back to Old NC 75 where the tie in to the power grid system is located. Hand clearing will take place within the buffer areas, and the medium voltage line will be bored beneath the streams. A vibratory plow will be utilized to bury the medium voltage line from Old NC 75, through stream buffer areas, and outside of stream areas. Initially, the medium voltage line was proposed to be bored under both the stream buffer areas, and streams. Due to shallow depths to rock encountered in the buffer areas, boring under both the buffers and streams together was determined to be unfeasible. Subsequently, installation of the medium voltage line was proposed as aerial overhead lines; however, Granville County considered the overhead lines in their height restrictions of 15 feet, which is not feasible. Therefore, hand clearing and installation of the medium voltage line is proposed via a vibratory ECS Capitol Services. PLLC • ECS Florida, LLC • ECS Mid -Atlantic. LLC • ECS Midwest. LLC • ECS Southeast. LLP • ECS Texas. LLP ,A%%'%v.ecSlill ited. eun- Buffer Authorization Request Peake Road Farm Peake Road Oxford, Granville County, North Carolina ECS Project No. 49:4358-H plow within the buffer. No impacts to the streams are proposed, as the line will be bored underneath. The buffer impacts will be temporary. The trench will be backfilled after installation and the area will be left to regrow. All construction will be conducted in accordance with NCDWQ standards. All temporary erosion control measures shall be maintained throughout the construction process. Additional erosion control measures and/or modifications will be utilized as necessary during the construction process. Closure Please contact us at (919) 861-9810 or at kfergusonO-ecslimited.com if you have any questions concerning this submittal. Sincerely, ECS SOUTHEAST, LLP (V7 --L 0 Kevin Ferguson W. Brandon Fulton, LSS, PSC, PWS Environmental Scientist Environmental Principal kferguson(a-)-ecslimited.com bfulton(a-)-ecslimited.com Attachments: Buffer Authorization Form Buffer Authorization Form Attachment Stream Buffer Impact Exhibit ECS Figures: Original PSA SAW -2017-01760: Original PSA DWR Determination Letter: Original PSA Agent Authorization: Original Area ECS Figures: Additional PSA SAW -2017-01760: Additional PSA DWR Determination Email: Additional PSA Agent Authorization: Additional Area Granville County GIS Data 2 DWR State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 A. Applicant Riparian Buffer Authorization Form Information 1. Project Information 1 a. Name of project: Peake Road Farm 1b. County: Granville County 1c. Nearest municipality: Oxford 1d. Subdivision name: N/A 1e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: Please See Attachment 2b. Deed Book and Page No. Please See Attachment 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): Please See Attachment 2d. Responsible Party (for Corporations): Strata Solar Development, LLC 2e. Street address: 50101 Governor's Drive, Suite 280 2f. City, state, zip: Chapel Hill, NC 27517 2g. Telephone no.: 9199601540 2h. Fax no.: NA 2i. Email address: jspaeth@stratasolar.com 3. Applicant Information (if different from owner) 3a. Applicant is: ® Agent ❑ Other, specify: 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Agent/Consultant Information (if applicable) 4a. Name: Kevin Ferguson 4b. Business name (if applicable): Engineering Consulting Service (ECS) 4c. Street address: 9001 Glenwood Ave 4d. City, state, zip: Raleigh, NC 27617 4e. Telephone no.: 919-861-9814 4f. Fax no.: N/A 4g. Email address: kferguson@ecslimited.com FORM: BA 10-2013 Page 1 of 4 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Please See Attachment 1b. Site coordinates (in decimal degrees): Latitude: 36.271826 Longitude: -78.654798 1c. Property size: 112 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Owen Creek 2b. Water Quality Classification of nearest receiving water: Class 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 site is currently undeveloped, wooded land. The general land use in the vicinity of the project is residential and agricultural land. 3b. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,150 Linear Feet 3e. Explain the purpose of the proposed project: Proposed solar generation facility. 3f. Describe the overall project in detail, including the type of equipment to be used: Please See Attachment 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: 4b. If yes, who delineated the jurisdictional areas? Name (if known): Cory Darnell (ECS), Kevin Ferguson (ECS) Agency/ Consultant Company: ECS Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 8/22/2017 & 10/04/2018 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain and detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A FORM: BA 10-2013 Page 2 of 4 C. Proposed Impacts Inventory Impact Justification and Mitigation 1. Avoidance and Minimization 1. Buffer Impacts Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 1a. Project is in which protected basin? ❑ Neuse ❑ Randleman ® Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek 1b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact number — impact (exempt, allowable, Permanent (P) allowable w/ or Temporary mitigation) T Stream name Buffer Zone 1 mitigation impact required? (sq ft) Zone 2 impact (sq ft) 131 ® P ❑ T Utility Crossing Allowable SA -1 ❑ Yes ® No 1,150 720 B2 ® P ❑ T Utility Crossing Allowable S2 ❑ Yes ® No 2,394 1,576 B3 ❑ P ❑ T 2e. ❑ Yes ❑ No 2f. B4 ❑ P ❑ T ❑ Yes ❑ No B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 3,544 2,296 1c. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet (square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed? ❑ Yes ❑ No 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: BA 10-2013 Page 3 of 4 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ® Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a **minimal impact and size of the trench no plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP BMP. Silt Fencing Manual and attach a BMP Supplement Form. will be installed F. Supplementary Information by First Class Mail via the US Postal ,Service: 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use ❑ Yes ® No Raleigh, NC 27604 of public (federal/state) land? For all other projects sent by delivery service 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ❑ No OR Karen Higgins environmental document pursuant to the requirements of the National or State (North NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Carolina) Environmental Policy Act (NEPA/SEPA)? Raleigh, NC 27699 - 1617 1c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .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): ------ 01/10/2019 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Send 3 complete sets of this form and accompanying documents to the following: For government transportation projects sent For government transportation projects sent by by First Class Mail via the US Postal ,Service: delivery service (UPS, FedEx, etc.).- tc.):NC NCDWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 For all other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal ,Service (UPS, FedEx, etc.).- tc.):Karen KarenHiggins OR Karen Higgins NCDWR — 401 & Buffer Permitting Branch NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 4 of 4 A. Applicant 2. Owner Information 2a. Name on Recorded Deed: Parcel 1 (PIN 1901-08-9875): Jones Gary & William B Jr. Parcel 2 (PIN 1901-27-0863): Jones Gary Parcel 3 (PIN 1901-17-6182): Jones William Brodie Jr. Parcel 4 (PIN 1901-38-8906): Brafford Vicki B & James G III 2b. Deed Book and Page No. Parcel 1 (PIN 1901-08-9875): 0/0 Parcel 2 (PIN 1901-27-0863): 1039/197 Parcel 3 (PIN 1901-17-6182): 760/402 Parcel 4 (PIN 1901-38-8906): 786/216 2c. Map Book and Page No. Parcel 1 (PIN 1901-08-9875): 190101089875 Parcel 2 (PIN 1901-27-0863): 190101270863 Parcel 3 (PIN 1901-17-6182): 190101176182 Parcel 4 (PIN 1901-38-8906): 190101388906 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel 1: PIN 1901-08-9875 Parcel 2: PIN 1901-27-0863 Parcel 3: PIN 1901-17-6182 Parcel 4: PIN 1901-38-8906 3. Project Description 3f. Describe the overall project in detail, including the type of equipment to be used: The project consists of developing the site with a solar power generating facility. A medium voltage line will be connected from the solar array field back to Old NC 75 where the tie in to the power grid system is located. Hand clearing will take place within the buffer areas, and the medium voltage line will be bored beneath the streams. A vibratory plow will be utilized to bury the medium voltage line from Old NC 75, through stream buffer areas, and outside of stream areas. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project: Initially, the medium voltage line was proposed to be bored under both the stream buffer areas, and streams. Due to shallow depths to rock encountered in the buffer areas, boring under both the buffers and streams together was determined to be unfeasible. Subsequently, installation of the medium voltage line was proposed as aerial overhead lines; however, Granville County considered the overhead lines in their height restrictions of 15 feet, which is not feasible. Therefore, hand clearing and installation of the medium voltage line is proposed via a vibratory plow. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All construction will be conducted in accordance with NCDWQ standards. All temporary erosion control measures shall be maintained throughout the construction process. Additional erosion control measures and/or modifications will be utilized as necessary during the construction process. /,6— / PERENNIAL STREAM (TYP.) PEAKE ROAD \ O J W CD W W W Z U H VICINITY MAP SCALE: N.T.S. LEGEND: PERENNIAL STREAM CENTERLINE — - — - — - — STREAM BUFFER SB PROJECT LIMITS (APROX.) JURISDICTIONAL WETLANDS I_ _ __-_•� W Q WETLAND BUFFER IMPACT 2 OVERALL SITE PLAN PROPOSED BORING- SEE EXHIBIT #3 SCALE: 1" = 300' WLjj z z 1 / D� W CD ;:a z ^h W o J V' _ 0 150 Sao STRATA w� S O LA M LL[ Q 50101 Governors Drive Ste. 280 12 GRAPERC SCALE Chapel Hill, — 275175 ( W FEET ) 919-960-6015 www.stratasolar.com =O . SS/** Lu 0 z a J � oc a�W; O aaW jz 0 — J z CC cc cc i a a Ic� v > o aJ0� a W LL — X Q LLI w O N O z BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, CHAPEL HILL. N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 07 JAN 19 JOB NUMBER: 114063.138 DRAWN BY: J.B.M. REVIEWED BY: A.R.S. SITE OVERVIEW X Q 75 0 z 75 0 VICINITY MAP SCALE: N.T.S. 6" MIN. o •� \ � PERENNIAL r \ \ oe STREAM (TYP.) PROPOSED 20' DIRECTIONAL- BORE IR CE TIONAL- BORE UNDER STREAM � X o – PROPOSED BORE \ PIT (TYP.)- REFER TO RANDOM LAYS MV CABLES (1 CIRCUIT) \ WITH FIBER OPTIC CABLE DETAIL LOCATED ON THIS SHEET ,I GRADE RED MAGNETIC WARNING TAPE, 3" WIDE, TO READ "CAUTION \ ELECTRICAL LINE BURIED BELOW" TRENCH RUN MATERIAL NOT TO CONTAIN SOLIDS LARGER THAN 2 -1/2" IN DIAMETER _4 1/0 GROUND WIRE TO BE COVERED BY NATIVE SAND MV DIRECT BURY CABLE RANDOMLY LAYED IN TRENCH DIRECT BURY FIBER OPTIC CABLE BEDDING MATERIAL SHALL BE SAND RANDOM LAY MV CABLES (1 CIRCUIT) WITH FIBER OPTIC CABLE NOTES: SCALE: N.T.S. STREAM \ BUFFER (TYP.) UNDERGROUND ELECTRIC do LINE (TYP.) UE - ZONE 2 BUFFER IMPACT (HATCHED AREA TYP.) SILT FENCE (TYP.) ZONE 1 BUFFER \ �r IMPACT (HATCHED AREA TYP.) \ I o e J TOP OF \ BANK (TYP.) JURISDICTIONAL STREAM BUFFER IMPACT DISTURBANCE SCALE: 1" = 20' 1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY ECS SOUTHEAST, LLP. 2. DISTURBANCE AT THE STREAM BUFFER SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE UNDERGROUND ELECTRIC LINE AND TEMPORARY EROSION CONTROL MEASURES. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ STANDARDS. 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY. 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. 7. WOODY VEGETATION SHALL BE CLEARED BY HAND. NO LAND GRUBBING OR GRADING IS ALLOWED 8. VEGETATIVE ROOT SYSTEMS SHALL BE LEFT INTACT TO MAINTAIN THE INTEGRITY OF THE SOIL. STUMPS SHALL REMAIN, EXCEPT IN THE TRENCH, WHERE THE TREES ARE CUT. 9. UNDERGROUND CABLE SHALL BE INSTALLED BY VIBRATORY PLOW OR TRENCHING. 10. THE TRENCH SHALL BE BACKFILLED WITH THE EXCAVATED SOIL MATERIAL IMMEDIATELY FOLLOWING THE CABLE INSTALLATION. 11. NO FERTILIZER SHALL BE USED OTHER THAN A ONE–TIME APPLICATION TO RE–ESTABLISH VEGETATION. 12. CONSTRUCTION ACTIVITIES SHALL MINIMIZE THE REMOVAL OF WOODY VEGETATION, THE EXTENT OF THE DISTURBED AREA, AND THE TIME IN WHICH AREAS REMAIN IN A DISTURBED STATE. 13. ACTIVE MEASURE SHALL BE TAKEN AFTER CONSTRUCTION AND DURING ROUTINE MAINTENANCE TO ENSURE DIFFUSE FLOW OF STORMWATER THROUGH THE BUFFER. 14. IN WETLANDS, MATS SHALL BE UTILIZED TO MINIMIZE SOIL DISTURBANCE. JURISDICTIONAL STREAM BUFFER IMPACT SUMMARY: LENGTH OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 6 1. 0 FT. ZONE 2 = 43.1 FT. AREA OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 2.394 SF. (0.055 AC.) ZONE 2 = 1.576 SF. (0.036 AC.) AM �00 Chq 0 10 20 IN FEET STRATA S O LA R LLQ 50101 Governors Drive Ste. 280 Chapel Hill, NC 27517 919-960-6015 c IN SON R•`5���\` 0 Z Q J Ld CL n a3 Cc Lu W� ■ 0 V Q a Lu O— J z —2!cc ccZ k Z � LLI 0 beW>�CD Wj O cc IL LL — x Q y O Ww J O N o NI -1 BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, CHAPEL HILL, N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 07 JAN 19 JOB NUMBER: 114063.138 DRAWN BY: J.B.M. REVIEWED BY: A.R.S. EXHIBIT 1 • Z/Z� AM �00 Chq 0 10 20 IN FEET STRATA S O LA R LLQ 50101 Governors Drive Ste. 280 Chapel Hill, NC 27517 919-960-6015 c IN SON R•`5���\` 0 Z Q J Ld CL n a3 Cc Lu W� ■ 0 V Q a Lu O— J z —2!cc ccZ k Z � LLI 0 beW>�CD Wj O cc IL LL — x Q y O Ww J O N o NI -1 BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, CHAPEL HILL, N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 07 JAN 19 JOB NUMBER: 114063.138 DRAWN BY: J.B.M. REVIEWED BY: A.R.S. EXHIBIT 1 X Q 75 0 z_ 75 0 VICINITY MAP SCALE: N.T.S. 6" MIN. NOTES: TO \ PERENNIALS �\\ STREAM (TYP.) SILT FENCE (TYP.)\� GRADE RED MAGNETIC WARNING TAPE, 3" WIDE, TO READ "CAUTION ELECTRICAL LINE BURIED BELOW" TRENCH RUN MATERIAL NOT TO CONTAIN SOLIDS LARGER THAN 2 -1/2" IN DIAMETER 1/0 GROUND WIRE TO BE COVERED BY NATIVE SAND MV DIRECT BURY CABLE RANDOMLY LAYED IN TRENCH DIRECT BURY FIBER OPTIC CABLE BEDDING MATERIAL SHALL BE SAND RANDOM LAY MV CABLES (1 CIRCUIT) WITH FIBER OPTIC CABLE SCALE: N.T.S. ZONE 1 BUFFER \ \ \\ \ UNDERGROUND l \ l o I \ELECTRICIMPACT (HATCHED \ I� LINE (TYP.) ZONE 2 BUFFER AREA TYP.) \ \ II I IMPACT (HATCHED AREA TYP.) \ \ \ I I I \ �\ \ \STREAM BUFFER \ TOP OF I I \ \ Sg (TYP.) BANK (TYP.) \ II1IIIIII \ I� JURISDICTIONAL STREAM BUFFER IMPACT DISTURBANCE SCALE: 1" = 20' 1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY ECS SOUTHEAST, LLP. 2. DISTURBANCE AT THE STREAM BUFFER SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE UNDERGROUND ELECTRIC LINE AND TEMPORARY EROSION CONTROL MEASURES. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ STANDARDS. 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY. 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. 7. WOODY VEGETATION SHALL BE CLEARED BY HAND. NO LAND GRUBBING OR GRADING IS ALLOWED 8. VEGETATIVE ROOT SYSTEMS SHALL BE LEFT INTACT TO MAINTAIN THE INTEGRITY OF THE SOIL. STUMPS SHALL REMAIN, EXCEPT IN THE TRENCH, WHERE THE TREES ARE CUT. 9. UNDERGROUND CABLE SHALL BE INSTALLED BY VIBRATORY PLOW OR TRENCHING. 10. THE TRENCH SHALL BE BACKFILLED WITH THE EXCAVATED SOIL MATERIAL IMMEDIATELY FOLLOWING THE CABLE INSTALLATION. 11. NO FERTILIZER SHALL BE USED OTHER THAN A ONE-TIME APPLICATION TO RE-ESTABLISH VEGETATION. 12. CONSTRUCTION ACTIVITIES SHALL MINIMIZE THE REMOVAL OF WOODY VEGETATION, THE EXTENT OF THE DISTURBED AREA, AND THE TIME IN WHICH AREAS REMAIN IN A DISTURBED STATE. 13. ACTIVE MEASURE SHALL BE TAKEN AFTER CONSTRUCTION AND DURING ROUTINE MAINTENANCE TO ENSURE DIFFUSE FLOW OF STORMWATER THROUGH THE BUFFER. 14. IN WETLANDS, MATS SHALL BE UTILIZED TO MINIMIZE SOIL DISTURBANCE. JURISDICTIONAL STREAM BUFFER IMPACT SUMMARY: LENGTH OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 78.0 FT. ZONE 2 = 46.9 FT. AREA OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 1.150 SF. (0.026 AC.� ZONE 2 = 702 SF. (0.016 AC.) �� z/zm r11�� MIN PROPOSED 20' DIRECTIONAL BORE UNDER STREAM PROPOSED BORE \\ PIT (TYP.) TO \ REFER RANDOM LAY \SILT FENCE \ MV CABLES (1 CIRCUIT) OUTLET (TYP.) \ WITH FIBER OPTIC CABLE -DETAIL LOCATED ON THIS SHEET ZONE 1 BUFFER \ \ \\ \ UNDERGROUND l \ l o I \ELECTRICIMPACT (HATCHED \ I� LINE (TYP.) ZONE 2 BUFFER AREA TYP.) \ \ II I IMPACT (HATCHED AREA TYP.) \ \ \ I I I \ �\ \ \STREAM BUFFER \ TOP OF I I \ \ Sg (TYP.) BANK (TYP.) \ II1IIIIII \ I� JURISDICTIONAL STREAM BUFFER IMPACT DISTURBANCE SCALE: 1" = 20' 1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY ECS SOUTHEAST, LLP. 2. DISTURBANCE AT THE STREAM BUFFER SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE UNDERGROUND ELECTRIC LINE AND TEMPORARY EROSION CONTROL MEASURES. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ STANDARDS. 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY. 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. 7. WOODY VEGETATION SHALL BE CLEARED BY HAND. NO LAND GRUBBING OR GRADING IS ALLOWED 8. VEGETATIVE ROOT SYSTEMS SHALL BE LEFT INTACT TO MAINTAIN THE INTEGRITY OF THE SOIL. STUMPS SHALL REMAIN, EXCEPT IN THE TRENCH, WHERE THE TREES ARE CUT. 9. UNDERGROUND CABLE SHALL BE INSTALLED BY VIBRATORY PLOW OR TRENCHING. 10. THE TRENCH SHALL BE BACKFILLED WITH THE EXCAVATED SOIL MATERIAL IMMEDIATELY FOLLOWING THE CABLE INSTALLATION. 11. NO FERTILIZER SHALL BE USED OTHER THAN A ONE-TIME APPLICATION TO RE-ESTABLISH VEGETATION. 12. CONSTRUCTION ACTIVITIES SHALL MINIMIZE THE REMOVAL OF WOODY VEGETATION, THE EXTENT OF THE DISTURBED AREA, AND THE TIME IN WHICH AREAS REMAIN IN A DISTURBED STATE. 13. ACTIVE MEASURE SHALL BE TAKEN AFTER CONSTRUCTION AND DURING ROUTINE MAINTENANCE TO ENSURE DIFFUSE FLOW OF STORMWATER THROUGH THE BUFFER. 14. IN WETLANDS, MATS SHALL BE UTILIZED TO MINIMIZE SOIL DISTURBANCE. JURISDICTIONAL STREAM BUFFER IMPACT SUMMARY: LENGTH OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 78.0 FT. ZONE 2 = 46.9 FT. AREA OF JURISDICTIONAL STREAM BUFFER DISTURBED: ZONE 1 = 1.150 SF. (0.026 AC.� ZONE 2 = 702 SF. (0.016 AC.) AM Chq 0 10 20 GRAPHIC SCALE ( IN FEET ) STRATA S O LA R LLQ 50101 Governors Drive Ste. 280 Chapel Hill, NC 27517 919-960-6015 =O . SS/ * -y-74-01 N 1 SON R •`5 ��� 0 Z Ld J Ld a ~ Z LuN Q3 W0 O V a a W W O J z CCZ Z W ~ Lu cc �W>� W� O°C W � LL Ix . X Q�0 0 � �W O V) z R i BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, CHAPEL HILL. N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 07 JAN 19 JOB NUMBER: 114063.138 DRAWN BY: J.B.M. REVIEWED BY: A.R.S. EXHIBIT 2 �� z/zm r11�� MIN AM Chq 0 10 20 GRAPHIC SCALE ( IN FEET ) STRATA S O LA R LLQ 50101 Governors Drive Ste. 280 Chapel Hill, NC 27517 919-960-6015 =O . SS/ * -y-74-01 N 1 SON R •`5 ��� 0 Z Ld J Ld a ~ Z LuN Q3 W0 O V a a W W O J z CCZ Z W ~ Lu cc �W>� W� O°C W � LL Ix . X Q�0 0 � �W O V) z R i BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, CHAPEL HILL. N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 07 JAN 19 JOB NUMBER: 114063.138 DRAWN BY: J.B.M. REVIEWED BY: A.R.S. EXHIBIT 2 14wYrrall IvtileAWM j MiltonFSrrnSQ alfieB+srnetP 0 Ece- lo Th Client: STRATA Project: PEAKE FARM ROAD SITE PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: SITE LOCATION MAP GOOGLE STREET MAP peake Rd Peake-Rd alt F11 Sib 4-1 c GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: CBD 1" =' 1,000' Approved By: Date: N WBF 4/10/2017 W 1 '.. � ECS Project No: 49: 4358 FIGURE 1 i 4 N l • J' -A ISO Afti L[ 1I • l l U 0 Client: STRATA r If so Project: PEAKE FARM ROAD SITE PEAKE ROAD & TRIPLE f CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA ! Title: ad USGS TOPOGRAPHIC s MAP BEREA __ • CONTOUR: 10 FEET • i DATED: 1990 NC QUADRANGLE GRANVILLE COUNTY, t NORTH CAROLINA V Drawn By: Scale: CBD 1" = 21000` Approved By: Date: WBF 4/10/2017 ECS Project No: /i 49:4358 FIGURE 2 En8 i Client: STRATA 77 End MnC Project: PEAKE FARM ROAD SITE En PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD �.r+• GRANVILLE COUNTY, • , ' ' '� �� NORTH CAROLINA �FIr, Title: USOIL SURVEY OF U GRANVILLE COUNTY _ NC DATED: 1997 SHEET:9 vacfin$ ( n 8 W fir U. IR Sirl VAB GRANVILLE COUNTY, a Legend NORTH CAROLINA u • Drawn By: Scale: O Project Site Boundary CBD 1" = 1,000` Nntl w. CaB -Cecil sandy loam Approved By: Date: NaC� ` Cha — Chewacla and Wehadkee soils WBF 4/10/2017 EnB & EnC — Enon loam ECS Project No: 49:4358 HeB — Helena sandy loam C. VaB — Vance sandy loam FIGURE 3 � Om� I AOL 40 vo V• 1. Legend (Approximate Location) W- Project Site Boundary Jurisdictional Stream Wetland Area Ephemeral Drainage Pond N W4: (1-13) W2: (1-2) AW�2' W3: (1-10) W5: (1-8) 9 W6: (1-5) OW. W10: (1-7) AW �3-4' 0.AR ECS PERFORMED A WATERS OF THE U.S. DELINEATION AND GPS LOCATION OF FLAGGING ON 04-05-17. THE LOCATIONS SHOWN ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. THIS IS NOT A SURVEY, THE SITE IS LOCATED WITHIN THE TAR-PAMILICO RIVER BASIN WHICH IS SUBJECT TO MANDATORY 50' BUFFERS BASED ON THE MOST RECENT USGS TOPOGRAPHIC MAP AND OR SOIL SURVEY. BUFFERS ARE NOT DEPICTED ON THIS MAP. - -I W1: (1-46) f W8: (1-4) S1: (1-46) R IL S2-(1-46) W7: (1-45) W9: (1-4) AW~2-3' Client: STRATA Project: PEAKE FARM ROAD SITE PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: GPS FLAGGING LOCATION MAP r�1�►r11�tr s��'�� GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: CBD I as shown Approved By: Date: WBF 4/10/2017 ECS Project No: 49: 4358 FIGURE 6 Legend (Approximate Location) Area (Acres) W1 = 2.6349 O Project Site Boundary W2 = 0.0007 W3 = 0.5386 Jurisdictional Stream W4 = 0.0778 W6 = 0.0500 Wetland Area W7 = 1.3758 ■ ■ Ephemeral Drainage W8 = 0.0171 W9 = 0.0060 ® Pond W10 = 0.0310 Culvert Length (Feet) S1 = 1,867 Buffer S2 = 11133 Data Point W4: (1-13) .� ,. •-, ; : _ �W L W3: (1-10)a''::' fW Or W6: (1-5) t 04 ECS PERFORMED A WATERS OF THE U.S. DELINEATION AND GPS LOCATION OF FLAGGING ON 04-10-17. THE LOCATIONS SHOWN ON THIS MAP HAVE BEEN VERIFIED BY THE USACE ON 19 JULY 2017, AND THE NCDWR ON 1 AUGUST, 2017. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. THIS IS NOT A SURVEY, THE SITE IS LOCATED WITHIN THE TAR-PAMILICO RIVER BASIN WHICH IS SUBJECT TO MANDATORY 50' BUFFERS BASED ON THE MOST RECENT USGS TOPOGRAPHIC MAP AND OR SOIL SURVEY. W1: (1-46) r Sl -(1-42) End Point: -78.652438, 36.274786 W2: (1-2)AW�2' q* Upland Data Point S2-(1-36) End Point: -78.655708, 36.271125 W7: (1-45) Client: STRATA Project: PEAKE FARM ROAD SITE PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: GPS FLAGGING LOCATION MAP GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: KCF 1 1" = 700' Il Approved By: Date: W9: (1N W10: (1-7) WBF 8/7/2017 AW�3-4' AW^2-3' ECS Project No: ,L s W 8: (1-4) -4)Iry 49: 4358 �•j ,t�� ZOO' � FIGURE 6 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01760 County: Granville County U.S.G.S. Quad: Berea NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Cory Darnell ECS Carolinas, LLP Address: 9001 Glenwood Avenue Raleigh, North Carolina 27617 Telephone Number: 919-861-9859 Size (acres) 105 (approximately) Nearest Waterway Owen Creek USGS HUC 03020101 Nearest Town Oxford River Basin Pamlico Coordinates Latitude: 36.272035 Longitude: -78.655996 Location description: The site is located approximately 3,000 feet northeast of the Peake Road, Harper Renn Road intersection, in Granville County, North Carolina and is identified as the Peak Farm Road Site (See attached map). Indicate Which of the Following Apply: A. Preliminary Determination X 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). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters 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 request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, 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). However, since the waters, including wetlands, 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 CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 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. _ There are waters of the U.S., including wetlands, on the above described project area 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. Page 1 of 2 SAW -2017-01760 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (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. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the 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 regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(&usace.army.mil. C. Basis For Determination: See the attached preliminary iurisdictional determination form D. Remarks: None E. Attention USDA Program Participants This delineation/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 jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional 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 fmd 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 1OM15 Atlanta, Georgia 30303-8801 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 Not Applicable. SAW-2017-01760 **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 WILLIAMS.ANDREW.E.1244561655 DN: c=US, o=WIL Government, o E.1244DoD, 616PKI, • • K% ou=USA,cn=WILLIAMSANDREW.E.1244561655 Corps Regulatory Official: Date: 2017.08.2216:00:26-0400' Date: August 22, 2017 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://coLpsmapu.usace.gM.mil/cm smapu.usace.gM.mil/cm apex/f?p=136:4:0. Copy Furnished: William Jones 2508 Peake Road Oxford, North Carolina 27565 SAW -2017-01760 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: ECS Carolinas, LLP File Number: SAW -2017-01760 Date: August 22, 2017 Cory Darnell Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURNDICTIONAL DETE—MINATION 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.LM.mil/inet/functions/cw/cecwo/reg 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 fmal 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 fmal 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2017-01760 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 II - 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 Attn: Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 10M 15 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 opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. 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 Legend (Approximate Location) Project Site Boundary Jurisdictional Stream Wetland Area ■ ■ Ephemeral Drainage Pond Culvert Buffer Data Paint W6:(1-5) ,Ir - Area subject to buffer requirements � r W10: (1-7) AW -3-4' Area (Acres) W1 = 2.6349 W2 = 0.0007 W3 - 0.5386 W4 = 0.0778 W6 - 0.0500 W7 = 1.3758 W8 = 0.0171 W9 = 0.0060 W10 = 0.0310 Length (Feet) S1 = 1,867 S2 = 1,133 4 )i . -As I ECS PERFORMED A WATERS OF THE U.S. DELINEATION AND GPS LOCATION OF FLAGGING ON 04-10-17. THE LOCATIONS SHOWN ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. THIS IS NOT A Eno SURVEY, THE SITE IS LOCATED WITHIN THE TAR-PAMILICO RIVER BASIN WHICH IS SUBJECT TO MANDATORY 50' Client: BUFFERS BASED ON THE MOST RECENT USGS STRATA TOPOGRAPHIC MAP AND OR SOIL SURVEY. BUFFERS ARE NOT DEPICTED ON THIS MAP. Area subject to buffer requirements Project: W1: (1-46) Upland Data Poiret S1: (1-42) W2: (1-2) AW -2' S2: (1-36) Area subject to buffer requirements 1� W9: (1-4) AW -2-3' W8: (1-4) 'mak +' f W7:(1-45) w 41 PEAKE FARM ROAD SITE PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: GPS FLAGGING LOCATION MAP GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: KGF I" a 700' Approved By: Date: W BF 4/19/2017 ECS Project No: 49-.4358 FIGURE 6 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 22, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Cory Darnell, 9001 Glenwood Avenue, Raleigh, North Carolina 27617 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Peake Farm Road Site, SAW -2017-01760 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Peake Road and Triple Creek Farm Road, Oxford, North Carolina (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Granville City: Oxford Center coordinates of site (lat/long in degree decimal format): Lat.: 36.272399° N Long.: -78.656495° W Universal Transverse Mercator: Name of nearest waterbody: Owen Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ]K] Office (Desk) Determination. Date: August 22, 2017 51 Field Determination. Date(s): July 19, 2017 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (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) W 1 36.274858 N -78.653145 W 2.6349 Acres Wetland 404 W2 36.274021 N -78.656075 W 0.0007 Acres Wetland 404 W3 36.274030 N -78.656897 W 0.5386 Acres Wetland 404 W4 36.275191 N -78.657333 W 0.0778 Acres Wetland 404 W6 36.273067 N -78.658407 W 0.0500 Acres Wetland 404 W7 36.270395 N -78.655039 W 1.3758 Acres Wetland 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (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) W8 36.269934 N -78.656106 W 0.0171 Acres Wetland 404 w9 36.270355 N -78.655405 W 0.0060 Acres Wetland 404 W10 36.270289 N -78.659540 W 0.0310 Acres Wetland 404 SI 36.274338 N -78.655518 W 1,867 Linear Feet Stream 404/401 S2 36.272051 N -78.656685 W 1,133 Linear Feet Stream 404/401 P 1 36.270340 N -78.656038 W 0.6966 Acres Pond 404 1) The Corps of Engineers believes that there may be jurisdictional 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 (AID) 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 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 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 AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID 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 subject permit authorization without requesting an AID 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 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 AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, 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 AID 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 should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ECS, LLP ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: Berea, 1990 ® Natural Resources Conservation Service Soil Survey. Citation: Granville County, Sheet 9, 1997_ National wetlands inventory map(s). Cite name: USFWS NWI Website ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Panels 0991, 0992, 1901, 1902, current_ ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ❑Aerial (Name & Date): or ®Other (Name & Date): Photolog 4/28/2017_ ❑ 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. '4A, .J W Digitally signed by W I LLI AMS.AN DRE W. E.1244561655 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=W ILLIAMS.ANDREW.E.12445616 55 Date: 2017.08.22 15:44:29 -04'00' Signature and date of Regulatory staff member completing PJD 7 5/8/2017 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. :.y Water Resources ENVIRONMENTAL QUALITY August 7, 2017 Gary Jones & William Jones 2525 and 2508 Peake Road Oxford, Raleigh, NC 27565 ROY COOPER Got nfor MICHAEL S. REGAN secreetrt, S. JAY ZIMMERMAN Director Subject: Buffer Detertnination Letter TPRRO # 17-169 Granville County Determination Type: Buffer Intermittent/Perennial ❑ Neuse (15A NCAC 2B .0233) Start(; StopiR. ® Tar -Pamlico (15A NCAC 2B.0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 26.0267) (governmental and/or interjurisdictional S2 projects) Project Name: Peake Road Farm Address/Location: 2525 Peake Road, Oxford, NC Stream(s): Owen Creek Determination Date: August 1, 2017 Staff: Gary Kreiser Stream VIM* Not Subject Subject Start(; StopiR. Soil USGS Survey To o S1 X X X S2 X -78.655708, Confluence with 36.271 125 S1 X X S3 X i I I _J_X X S4 I X I I *E111P = EphemeralllntermittentJPerennial Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Granville County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. Division of Water Resource,, Raleigh Regional Office, Water Quality Operations Section littp:/"portal.nctienr.org/webirvgraps 1628 Moil Service Center, Raleigh, NC 27699-1624 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (1)19178;3.7159 Peake Road Farms Granville County August 7, 2017 Page 2 of 2 This on-site determination shall expire live (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If y questio;regardi ddeterminati please feel free to contact Gary Kreiser at (919) 791-4241. erely, 72 7Danny Smith Supervisor, Water Quality Regional Operations Center CC. RRO DWR File Copy Cory Darnell, ECS (electronic copy) cdarn,Gi] L zc liinited corn a, 57A1µ Map provided by NCDEQ Legend: Division of Water Resources ,� W :: Locations are approximate -Approximate Site boundary: �, and are provided for ref- Nae erence only RSt q+vr Y�� Legend 0 Project Site Boung CaB —Cecil sandy loam ,,0 S7Ait Map provided by NCDEC! Legend: j y' ! Division of Water Resources -� i• -Approximate Site boundary: 3 '. :: Locations are approximate for and are provided ref- erence only:: ECS SOUTHEAST, LLP Setting the Standard for- Service* Geotechnical • Construction Vlateaiats • Environinenta, • Facilities Agent Authorization Property/Site: Peake Road Farm Address of Site: 2519 Peake Road Oxford, NC 27565 Parcel Identification Number (PIN): _ 190101089875, 190101270863, 1 901 01 1 761 82 Owner Information: Name: Gary J. Jones and William Brodie Jones, Jr. Address: 2508 Peake Road Oxford, NC 27565 Telephone Number: (919) 691-5064 Fax Number: E-mail Address: Property Owner Certification: 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USAGE) and/ or the North Carolina Division of Water Resources (NCDWR) 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/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application--- 1,7 Property Owner Signature: Date: SCS Capnc-t Serums �. PLL.s ECS Recd L_., • ECS hljd-Aiarntic. LLC . r,Vw .. i.. __ ': r'E- ; :ti .f a' LJ- • EC'S Tt as. LLP h�°Y7r�ll Mlle 01M i Milton Farms 0t JiliE u�rr7etir I� E4 C Client: PEAKE ROAD FARM, LLC x Project: PEAKE FARM ROAD SITE ADDITIONAL AREA PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, F004 NORTH CAROLINA Title: SITE LOCATION MAP GOOGLE STREET MAP Peake Rd puke Rd � CV GRANVILLE COUNTY, NORTH CAROLINA 9 Drawn By: Scale: CBD 1" ='1,000' Approved By: Date: N W B F 3/7/2018 ECS Project No: E n49:W-4 14358-D FIGURE 1 Legend i Original Project Site Boundary_ Additional Project Site Boundary + J1/ ! - Client: de" f PEAKE ROAD FARM LLC Project: 9` PEAKE FARM ROAD SITE ADDITIONAL AREA PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA UtSGS TOPOGRAPHIC MAP 4.1BEREA - i 0 CONTOUR: 10 FEET +_ X DATED: 1990 NC QUADRANGLE i t i �' '► - _: 'L GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: CBD 1" = 2,000` Approved By: Date: qL N $ W B F 3/7/2018 ECS Project No: 49: 4358-D ''' -* FIGURE 2 Legend •- En8 OOriginal Project Site Boundary OAdditional Project Site Boundary i 611 a � - V`or =r.— r ECIQ Client: 0 PEAKE ROAD FARM, LLC oAe r Project: PEAKE FARM ROAD SITE ' ADDITIONAL AREA ,�` �,, �•���ti, PEAKE ROAD & TRIPLE CREEK FARM ROAD, fids OXFORD �+ GRANVILLE COUNTY, • t' fti NORTH CAROLINA t Title: USDA-NRCS SOIL +y r�R SURVEY OF GRANVILLE COUNTY EnE{ _ • - NC DATED: 1997 fn6 SHEET:9 �6 F F-nR Neu L. sem. VJIR GRANVILLE COUNTY, Soil Map Unit NORTH CAROLINA k � Drawn By: Scale: Via � CaB — Cecil sandy loam CBD 1" = 1,000` Cha — Chewacla and Wehadkee soils ��� � � Approved By: Date: ` EnB & EnC — Enon loam WBF 3/7/2018 ul HeB — Helena sandy loam ECS Project No: VaB — Vance sandy loam 49: 4358-D AB FIGURE 3 Legend OOriginal Project Site Boundary OAdditional Project Site Boundary r IN, i Flood Hazard Areas Zone VE Zones A. A99, V Zones AE, AH, AD, Ar: 1% Annual Chance Flood Hazard Contained In Structure, 1%Annual Chance Flood Hazard Conditions E& or, Zone Ar: Floodway,l%Annual Chance Flood Hazard Conditions: Floodway,l%Future Conditions Contained In Channel: Floodway Zone AE: Community Encroachment Area, 1% Annual Chance Flood Hazard Conditions: Community Encroachment Area ®M 2%Annual Chance Flood Hazard Contained In Channel, 2% Annual Chance Flood Hazard Zone X:1% Future Conditions, 1% Future Conditions Contained In Channel, X1% Future Conditions Contained in Structure Client: 1% Future Conditions Contained In Channel: Community Encroachment Area Zone X: Protected By Levee PEAKE ROAD FARM, LLC Zone Open Water Zone X 4 Project: �t ! PEAKE FARM ROAD SITE ADDITIONAL AREA l = r• PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, �Yd NORTH CAROLINA r Title: FEMA FIRM f: MAP NUMBERS: 0991, 0992, 1901, 1902 - -' DATED: Current 1141 M 1' r ! All '. ' x+ # �5(f 0' t L �yt•'�1,. e, 3 GRANVILLE COUNTY, I NORTH CAROLINA Drawn By: Scale: CBD 1 ° = 1,600` Approved By: Date: W B F 3/7/2018 ECS Project No: 49:4358-D FIGURE 5 ECS PERFORMED A WATERS OF THE U.S. DELINEATION AND Legend (Approximate Location) GPS LOCATION OF FLAGGING ON 03-07-2018. THE LOCATIONS SHOWN ON THIS MAP HAVE NOT BEEN Ent VERIFIED BY THE USACE OR THE NCDWR. THIS MAP IS FOR Ce O Original Project Site Boundary PRELIMINARY PLANNING PURPOSES. THIS IS NOT A ®n SURVEY. THE SITE IS LOCATED WITHIN THE TAR-PAMILICO Additional Project Site Boundary RIVER BASIN WHICH IS SUBJECT TO MANDATORY 50' Client: a Stream ti BUFFERS BASED ON THE MOST RECENT USGS TOPOGRAPHIC MAP AND OR SOIL SURVEY. PEAKE ROAD FARM, LLC Wetland Area Buffer - - Project: PEAKE FARM ROAD SITE ADDITIONAL AREA PEAKE ROAD & TRIPLE S CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: GPS FLAGGING LOCATION MAP -750 Foot State Riparian Buffer NCAC 02B .0259 Tar -Pamlico River Basin Buffer Rule GRANVILLE COUNTY, NORTH CAROLINA a Drawn By: Scale: CBD 1" - 300' Approved By: Date: IF_ . ` WBF 3/16/2018 ECS Project No: - - 49: 4358-D FIGURE 6 SAW -2017-01760 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01760 County: Granville U.S.G.S. Quad: NC- Berea NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Vicki B. and James G Brafford, III Address: 3941 Fort Trail Roswell. GA 30075 Telephone Number: 770-993-6812 E-mail: grady.braffordnas lonza.com Size (acres) 6 acres Nearest Town Oxford Nearest Waterway Tar River River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 36.273023 Longitude: -78.649138 Location description: Note that this is for the expansion of a preliminary iurisdictional determination that was issued for a larger and adiacent proiect area by the USACE on 8/22/2017 under the same Action ID. The overall proiect area has been increased by six acres through a linear corridor that extends from the original proiect area west to Old NC 75. The additional proiect area for this iurisdictional determination is a linear corridor which is displaved as a bold purple polvgon labeled "Additional Proiect Site Boundarv" on the attached man entitled "Figure 6: GPS Flagging Location Man." The additional roiect area is located in Granville County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, 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). 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 map dated 3/16/2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters 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 request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, 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). 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 CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable 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 consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property 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 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. ❑ There are waters on the above described project area/property 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. SAW -2017-01760 ❑ We recommend 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 consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to 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 on DATE. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the 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 regarding this determination and/or the Corps regulatory program, please contact Ross Sullivan at 919-554-4884 ext. 25 or roscoe.l.sullivanna,usace.armv.mil. G Basis for Determination: See the nreliminary iurisdictional determination form dated 10/04/2018. D. Remarks: None. E. Attention USDA Program Participants This delineation/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 jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional 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 fmd 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 10M 15 Atlanta, Georgia 30303-8801 SAW -2017-01760 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: SULLIVAN.ROSCOE SDULLIVAsigned by NRO COE.LEE.111.1259877926 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, .LEE.111.1 259877926Date:2018.10.04113:56:220-04'OOLEE.111.1259877926 Date of JD: 10/04/2018 Expiration Date of JD: Not applicable 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: ECS Southeast, LLP Kevin Ferguson Address: 9001 Glenwood Avenue Raleigh, NC 27617 Telephone Number: 919-861-9910 E-mail: kfemusonAecslimited.com PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/04/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Vicki B. and James G Brafford, III, 3941 Fort Trail,Roswell, GA 30075 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Peake Farm Additional Area, SAW - 2017 -01760 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Note that this is for the expansion of a preliminary jurisdictional determination that was issued for a larger and adjacent project area by the USACE on 8/22/2017 under the same Action ID. The overall project area has been increased by six acres through a linear corridor that extends from the original project area west to Old NC 75. The additional project area for this jurisdictional determination is a linear corridor which is displayed as a bold purple polygon labeled "Additional Project Site Boundary" on the attached map entitled "Figure 6: GPS Flagging Location Map." The additional project area is located in Granville County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Granville City: Oxford Center coordinates of site (lat/long in degree decimal format): Latitude: 36.273023 Longitude: -78.649138 Universal Transverse Mercator: 17 Name of nearest waterbody: Tar River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 5/4/2018 [-]Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Type of aquatic Geographic authority to Latitude (decimal Longitude (decimal aquatic resources in resources (i.e., which the aquatic resource Site Number review area (acreage "may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if wetland waters) Section 404 or Section applicable 10/404) S1A 36.272990 -78.650025 150 linear feet Non -wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional 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 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 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 subject permit 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 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 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: UPPORTING DATA Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Map:Figures 1-6 ❑ Data sheets prepared/submitted by or on behalf of the PJD requester. ■❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: 1:24000, Berea ❑ Natural Resources Conservation Service Soil Survey. Citation: Granville, Sheet 9 1997 ■❑ National wetlands inventory map(s). Cite name: Online Mapper ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: 0991, 0992, 1901, 1902 ❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ❑■ Other (Name & Date): Photolog ❑ 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 Corps and should not be relied upon for later jurisdictional determinations Dons flysignedby SULLIVAN.ROS SDULLaVANROCOE.LEE.111.1259877926 DN: c=US, o=U.S. Government, COE.LEE.III.1259 ou=DoD, ou=PKI, ou=USA, c—SULLIVAN.80SCOE.LEE.111.1259877 926 877926 Date: 2018.10.0413:56:50-04'00' Signature and date of Regulatory staff member completing PJD a.ae �o� r.ra�re Kevin Ferguson ° s�-2018-19 zUs°°�$Pf41ce Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor do s not r spond within the established time frame, the district may presume concurrence and no additional follow up is n c ssary prior to finalizing an action. SAW -2017-01760 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Vicki B. and James G Brafford III File Number: SAW -2017-01760 Date: 10/04/2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIM'NARY JUF NDICTIONAL DF UNATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/Civilworks/RegulatoryProgramandPermits.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 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. SAW -2017-01760 SECTION II - 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 Attn: Ross Sullivan CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M 15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 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 opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Ross Sullivan, 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 Legend (Approximate Location) OOriginal Project Site Boundary ® Additional Project Site Boundary Stream Wetland Area 0 Buffer S1A- (1-9) ECS PERFORMED A WATERS OF THE U.S. DELINEATION AND GPS LOCATION OF FLAGGING ON 03-07-2018. THE LOCATIONS SHOWN ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. THIS IS NOT A SURVEY. THE SITE IS LOCATED WITHIN THE TAR-PAMILICO RIVER BASIN WHICH IS SUBJECT TO MANDATORY 50' BUFFERS BASED ON THE MOST RECENT USGS TOPOGRAPHIC MAP AND OR SOIL SURVEY. • 50 Foot State Riparian Buffer ***15A NCAC 02B.0259 '7d Tar -Pamlico River Basin Buffer Rule N Client: STRATA Project: PEAKE FARM ROAD SITE ADDITIONAL AREA PEAKE ROAD & TRIPLE CREEK FARM ROAD, OXFORD GRANVILLE COUNTY, NORTH CAROLINA Title: GPS FLAGGING LOCATION MAP GRANVILLE COUNTY, NORTH CAROLINA Drawn By: Scale: CBD 1 V-300' Approved By: Date: WBF 3/16/2018 ECS Project No: 49: 4358-D FIGURE 6 Kevin Charles Ferguson From: Neal, Andy <andy.neal@ncdenr.gov> Sent: Wednesday, March 21, 2018 11:16 AM To: Kevin Charles Ferguson; Cory B. Darnell, PWS Subject: RE: [External] Peake Farm Additional Area - JD Request Attachments: 2B.pdf Cory and Kevin, For the Peake Farm Additional Area Buffer Determination Request, there is no stream feature shown on the USGS Topographic map and one stream feature depicted on the NRCS Soils map. No site visit was conducted for this feature. However, because this feature is depicted on the NRCS Soils map, it is considered "Subject" to the Tar -Pamlico Buffer Rules at this time. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Additionally, I have attached the NCAC 2B Surface Water and Wetland Standards. The 'Table of Uses' begins on page 56 for Neuse River Buffer Rules and on page 127 for Tar -Pamlico Buffer Rules. Please let me know if you have any questions. Thanks -Andy Andy Neal Environmental Specialist Division of Water Resources Water Quality Regional Operations Department of Environmental Quality 919.791.4258 office 919.788.7159 fax 3800 Barrett Drive Raleigh, NC 27609 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kevin Charles Ferguson [mailto:KFerguson@ecslimited.com] Sent: Tuesday, March 20, 2018 7:03 AM To: Williams, Andrew E CIV USARMY CESAW (US) <Andrew.E.Williams2@usace.army.mil>; Neal, Andy <andy.neal@ncdenr.gov> Subject: [External] Peake Farm Additional Area - JD Request rnal email. Do not or open attachments unless verified. Send all suspicious email as an attachment to Good Morning, I would like to submit the Peake Farm Additional Area JD request. The site is located in Oxford, Granville County, NC. The property is for access to the adjacent parcel which has previously been evaluated under TPRRO #17-169 and SAW -2017-01760. Attached is the request for the additional area. Please let me know if you would like to visit the site and/or if you need anything further. Thank You, Kevin KEVIN CHARLES FERGUSON I Environmental Technician T 919.861.9910 1 D 919.861.9814 C 919.801.5787 9001 Glenwood Avenue I Raleigh NC 127617 ECS SOUTHEAST, LLP www.ecslimited.com CELEBRATING 30 YEARS - 3 Decades of Connecting People and Projects Linkedln I Facebook I Twitter Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. .tWrt�Ywra�.+KwMre! ECS SOUTHEAST LLP Prope"Site: Address of Site: Agent Authorization 153565 2 Parcel Identification Number (PIN)- Owner Information- Name:itc-tG q FF,,wJ Address: 114-1 —E 1 2qi L' ,^ Telephone Number: C�� �o'j '� - 2 ZL� G �- • �`� d - [vUa - lo'� . Fax Number: E-mail Address: Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and! or the North Carolina Division of Water Resources (NCDWR) 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/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verifrca on a d permit application: (� Property Owner Signature: 13 azuV Date: MCUIrArl t i ac { S ._.�