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HomeMy WebLinkAbout20221692 Ver 1_401 Application_20221130Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221692 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Sue Homewood:eads\slhomewood:Sue.Homewood@ncdenr.gov Winston-Salem Regional Office - (336) 776-9800 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 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: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 9/2/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Beckett Townes Subdivision/Johnson Street Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Guilford Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 6573.3-Johnson Street Becket Town Homes_SAW- 2022-01124_PCN Request_11.30.22.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit 4.54MB By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: rif 00. �Zaf. Submittal Date: 11/30/2022 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2022-01124 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Beckett Townes Subdivision/Johnson Street 2. Work Type: ✓❑Private ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: The site is proposed for residential development. 4. Property Owner / Applicant [PCN Form A3 or A4]: Leoterra Johnson Street, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Johson Street 36.0393930/-80.0226430 8. Project Location —Tax Parcel ID [PCN Form Bla]: 6893747800 9. Project Location —County [PCN Form A2b]: Guilford 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: High Point 11. Project Information —Nearest Waterbody [PCN Form 132a]: West Fork Deep River (Oak Hollow RPSPrvoir) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030003 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 FATr' 4. N•:3-�1 H CARD-INA EUArGnme �Qua4iy WaiV REeEuJrLes Office Use Only Corps Action I D no. [Click to enter.] Date received: [Click to enter.] DWR project no. Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.039669' Longitude (DD.DDDDDD):-80.022490' Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January31, 2022)J For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: httas://edocs.dea.nc.aov/WaterResources/DocView.asax?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)ncdenr.clov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 9/22/2022 Page 1 of 22 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Guilford Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes 0 No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes N No or airport project) Is this a NCDOT project? ❑ Yes N No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to ente N Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes N No Please provide the date of the previous submission. * Click to enter a date. N Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ❑ Yes N No NWP number(s) (list all numbers ): NWP 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes N No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text 1d. Type(s) of approval sought from DWR (check all that apply): N 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes 0 No 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is this an after -the -fact permit/certification application? ❑ Yes N No Page 2 of 22 PCN Form Version 4.3-April 20, 2022 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for ❑ Yes 0 No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes N No 1i. Is the project located within an NC DCM Area of Environmental ❑ Yes N No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? ❑ Yes N No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: httr)://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of22 PCN Form Version 4.3-April 20, 2022 B. Applicant Information 1a. Who is the primary contact? * Clay Mize 1b. Primary Contact Email: * Clay.mize@leoterradevelopment.com 1c. Primary Contact Phone: * (###)###-#### 336-967-6260 1d. Who is applying for the permit/certification? * (check all that apply) ® Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Leoterra Johnson Street, LLC 2b. Deed Book and Page No.: 008518-00991 2c. Contact Person (for corporations): Clay Mize 2d. Address * Street Address: 110A Shields Park Drive Address line 2: Click to enter. City: Kernersville State/ Province/ Region: North Carolina Postal/ Zip Code: 27284 Country: United States 2e. Telephone Number: (###)###-#### 336-967-6260 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * Clay.mize@leoterradevelopment.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * Click to enter. Page 4 of 22 PCN Form Version 4.3-April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: David Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: Street Address: 743 Park Lawn Court Address line 2: Click to entr City: Kernersville State/ Province/ Region: North Carolina Postal/ Zip Code: 27284 Country: United States 4d. Telephone Number: (###)###-#### 336/708-4617 4e Fax Number: (###)###-#### Click to entr 4f. Email Address: dbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of22 PCN Form Version 4.3-April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Beckett Townes Subdivsion 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * High Point 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6893747800-000 2b. Property size (in acres): 44.5 2c. Project Address: Street Address: Johnson Street Address line 2: Click to enter. City: High Point State/ Province/ Region: North Carolina Postal/ Zip Code: 27265 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 36.039669° Longitude (-DD.DDDDDD): *--80.022490° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * West Fork Deep River (Oak Hollow Reservoir) 3b. Water Resources Classification of nearest receiving WS-IV, CA* water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Cape Fear 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030300030101 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 22 PCN Form Version 4.3- April 20, 2022 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site consists of a single family residence and associated outbuildings, agricultural fields and wooded land. Streams are located on the northern and southern portions of the site. Wetlands are located on the western and southern portions of the site proximate to the streams. The surrounding properties contain townhomes, single family residences, wooded land and fields. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes X No ❑ Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): IClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes X No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. NA 4d. Attach an 8'Y2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'Y2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 4.652 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 1,875 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivision. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of a residential tonwhome development. The development will consist of 57 buildings that will contain a total of 278 townhomes and associated parking lots, driveways, lawns and common areas. The development will contain 14.42 total built -upon acres and maintain over 67 percent as pervious surface consisting of lawns and wooded land. The site will connect to the existing High point sewer system located along Skeet Club Road. Two entrances from Johnson Street and one from Basswood Avenue are proposed for site access. The roadway from Basswood Avenue is a requirement to provide roadway connectivity and is a requirement of the City for site development. It should be noted that the site does not rely on Basswood Avenue Drive for access and could operate independently should it not be a requirement of the City for roadway connectivity. The placement of fill within wetlands within the western entranceway from Basswood Drive and sideslope lot fill for building 18 is required to facilitate the proposed roadway and development. Temporary wetland impacts will be required in several locations to facilitate construction activities. Temporary impacts will be left at native elevations and returned to preconstruction conditions upon completion. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. Page 7 of22 PCN Form Version 4.3-April 20, 2022 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes X No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. UlICK to enter tek, Page 8 of22 PCN Form Version 4.3-April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in M Yes ❑ No ❑ Unknown proposed impact areas? Comments: Delineated by David Brame/Michael Brame 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2022-01124 Name (if known): David Brame/Michael Brame 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. E-mail concurrence dated August 8, 2022 from Mr. David Bailey is attached. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) North: HIATT, BILLY CLYDE 4405 JOHNSON ST HIGH POINT, NC 27265 East: MOORE, LEE VARRICK JR;LONG, ROBIN MICHELLE 4302 JOHNSON ST HIGH POINT, NC 27265 8. Scheduling of activity: To be completed upon receipt of all necessary approvals within the next 1 year. Page 9 of22 PCN Form Version 4.3-April 20, 2022 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # ` 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Road/ Driveway Crossing Permanent Headwater Forest WD Yes Both 0.18 W2 Fill (Incl. Riprap) Permanent Headwater Forest WD Yes Both 0.01 W3 Grading Temporary Headwater Forest WC Yes Both 0.03 W4 Grading Temporary Headwater Forest WE Yes Both 0.02 W5 Grading Temporary Non -tidal Freshwater Marsh WF No Both 0.05 W6 Grading Temporary Headwater Forest WA Yes Both 0.01 W7 Choose one Temp/ Perm Choose one Click to enter Y/' Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/. Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter "'"' Choose one Click to enter 2g1. Total temporary wetland impacts 0.11 ac 2g2. Total permanent wetland impacts 0.19 ac 2g3. Total wetland impacts 0.30 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Page 10 of22 PCN Form Version 4.3-April 20, 2022 Clean earthen fill. Approximately 6,000 cubic yards. 2i. Comments: 6 wetland impacts are proposed. W1— includes 0.18 acres of wetland fill associated with the western entranceway. W2 — includes 0.01 acres of wetland fill for side slope fill to accommodate building 8. W3 — includes 0.03 acres of grading for temporary construction activities associated with construction of a retaining wall. Disturbed areas will be restored to native elevations, stabilized, reseeded with a native wetland seed mix and allowed to naturally regenerate back to forested conditions. W4 - includes 0.02 acres of grading for temporary construction activities associated with construction of a retaining wall. Disturbed areas will be restored to native elevations, stabilized, reseeded with a native wetland seed mix and allowed to naturally regenerate back to forested conditions. W5 — includes 0.03 acres of grading for installation of the sewer line through an emergent wetland. Disturbed areas will be restored to native elevations, stabilized and reseeded with a native wetland seed mix. W6 - includes 0.01 acres of grading for temporary construction activities associated with construction of a retaining wall. Disturbed areas will be restored to native elevations, stabilized, reseeded with a native wetland seed mix and allowed to naturally regenerate back to forested conditions. Page 11 of22 PCN Form Version 4.3-April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #X 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type 3d. Stream Name 3e. Stream Type* 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) Si Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 dick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 0 linear ft M. Total temporary stream impacts: 0 linear ft 34. Total stream and ditch impacts: 0 linear ft 3j. Comments: Stream impacts are not proposed. The sewer line crossing will be an aerial line over the stream and will not require temporary or permanent impacts to the stream. Page 12 of22 PCN Form Version 4.3-April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts 0 ac 4g. Total permanent open water impacts 0 ac 4g. Total open water impacts 0 ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Pond or lake construction is not proposed. Page 13 of 22 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek X Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Buffer impacts associated with installation of the sewer line are proposed. However, we are not requesting authorization as part of this 401 and 404 request. A buffer authorization is being requested from the City of High Point by the civil designer as part of the TRC review and may be subject to amendments as part of that review. Buffer impacts will not be implemented until all appropriate authorizations are received from the City. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of22 PCN Form Version 4.3-April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: A considerable amount of streams and wetlands are located on the site. The applicant has designed the proposed development to avoid permanent impacts to all streams located on the site and the remaining 4.432 acres of wetland located on the site. In order to develop the site and provide connectivty to Basswood Avenue, the proposed impacts could not be avoided. The development does not rely on the adjacent subdivision for access and functions as a single development. However, connection to the subdivision is required to provide connectivity to alleviate traffic, for emergency purposes and other city services such as waste collection. The northwestern portion of the site is being left undeveloped to avoid having an additional stream and/or wetland crossing. Civil design, including the use of retaining walls, 2:1 and 3:1 sideslopes were used to further reduce impacts to streams and wetlands. Three retaining walls were installed to avoid wetland impacts. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * 0 DWR 0 Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) 0 In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one INC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits. usace. army. mil/ribits apex/f?p=107:27:2734709611497:: NO: RP:P27 BUTTON KEY:O Page 15 of22 PCN Form Version 4.3-April 20, 2022 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: 0.19 acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. lick to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one .;lick to enter. Zone 2 Click to enter. Click to enter Choose one Click to enter. 6f. Total buffer mitigation required lick to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer authorization (and any necessary buffer mitigation) is being sought separately from this request by the civil designer as part of the TRC review by the City of High Point. Page 16 of22 PCN Form Version 4.3-April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.,qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you 0 Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes ❑x No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20- %20environmental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ❑ No reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? X Local Government (Check all that apply.) ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs ❑ Phase II ❑ USMP ❑ NSW X Water Supply Page 17 of22 PCN Form Version 4.3-April 20, 2022 Please identify which local government stormwater program you are using. Click to enter. State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: The stormwater management plan will be provided for review and approval by the City of High Point. Page 18 of22 PCN Form Version 4.3-April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes X No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑Yes X No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes X No NEPA or SEPA final approval letter.) Comments: The project does not require a NEPA or SEPA. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes X No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): AICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes X No downstream water quality? 3b. If you answered "no", provide a short narrative description: Click to enter. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will be discharged into an existing sewer line located on the southern portion of the site. Stream and wetland impacts from the sewer line are included within this request. Page 19 of22 PCN Form Version 4.3-April 20, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected 0 Yes 0 No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ [fws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes 0 No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes 0 No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes 0 No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes 0 No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes 0 No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes 0 No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC 2 listed species and 1 candidate species are identified on the IPaC report (attached). The Schweinitz's Sunflower, small -whorled pogonia and Monarch butterfly are included by the IPaC as federally listed species identified within the project area. The impact areas contain dense wooded areas and an open maintained field that are not suitable habitat for Schweinitz's sunflower or small -whorled pogonia. Additionally, according to the Natural Heritage Program list of known occurrences, neither species has been identified within 10 miles of the site. The Monarch butterfly is a candidate species. The proposed project is not likely to adversely impact threatened or endangered species. Attach consultation documentation. Page 20 of22 PCN Form Version 4.3-April 20, 2022 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes X No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes 0 No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes X No ❑ Unknown Explain: Click to ente 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑Yes X No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWEB 2.0. Historic properties that are listed or are eligible for listing on the National Register for Historic Places were not identified on the site or proximate to stream and wetland impacts. Two sites that are identified as "ineligible" are located on the subject site and immediately to the north. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes X No 8b. If yes, explain how the project meets FEMA requirements. slick to enter. 8c. What source(s) did you use to make the floodplain determination? FEMA Firm Map (Drawing 4 of JD request) H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 21 of22 PCN Form Version 4.3-April 20, 2022 I. Signature * X By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David S. Brame Signature: * �0s--, 11 /30/2022 Page 22 of 22 PCN Form Version 4.3- April 20, 2022 Proposal for Environmental Services Pilot Proposal 6573.3 September 6, 2022 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: 1 aat Jt V 15vV�, �)r P+ I I Ac 6S Ili I Applicant Information: Name: Address: V,10e W -A Telephone Number: _�>(j� 3 ,— 4C;2 Fax Number: E-mail Address: IJlA am Signature: Date: 4 Proposal for Environmental Services Pilot Proposal 6573 February 11, 2021 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: q J � I Owner Information: L e_a7P,( _TvAaas 77�,1?P7L ZZ-C Address: ke"w e4f-,-- Telephone Number: 33V cz� / 7 (7 ?ZIS Fax Number: E-mail Address: /h i 7_ / %20-1-Grrc_'Je'VeJ0 n?P�-1, lo"7 JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. C � r,-e LvAP,r L-, on Print Name I Capacity: Zowner —Authorized Agent Date Signature 7 David Brame From: Bailey, David E CIV USARMY CESAW (USA) < David.E.Bailey2@usace.army.mil > Sent: Monday, August 8, 2022 1:31 PM To: Michael Brame Cc: Homewood, Sue Subject: Delineation Confirmation RE: SAW-2022-01124 (4321 Johnson St. / High Point NC / Guilford County) Attachments: Pages from 20220517 PJD Request.pdf Hi Michael. I reviewed the information you sent for the above referenced project. Based on your submittal and available remotely sensed information I will proceed with an office verification of the delineation of potential waters of the US. No field verification from the Corps is necessary. I will use the map titled "Wetland Map" (attached) from your PJD request when processing the PJD and/or permit application/request for this site. Please let me know if you have any questions. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Office: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Wednesday, May 18, 2022 7:03 AM To: Michael Brame <mbrame@pilotenviro.com> Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: SAW-2022-01124 (4321 Johnson St. / High Point NC / Guilford County) Good Morning, Your JD request has been received, assigned action ID SAW-2022-01124. Please refer to the action ID in all correspondence. Dave- docs forwarded in your folder Thank you, Josephine Schaffer From: Michael Brame <mbrame@pilotenviro.com> Sent: Tuesday, May 17, 2022 4:32 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: David Brame <dbrame@pilotenviro.com>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [URL Verdict: Neutral][Non-DoD Source] Pilot Project 6573 -Johnson Street - Wetland Verification Request Find attached a verification request for a site that we delineated in 2021. Please let me know if you need additional information in order to process this request. Sincerely, micnael T. Brame 336.708-4620 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 wwwa com mbrame(@r)ilotenviro.com • SB' 5 LF WA 1-13 Ar 0.203 Ac. SA 135 LF NJ 1 r7f-CRIM 4 DP-1 0 ODP-2 - N3, , 855 LF IL WC 1-12 • 0.174AC. ■ / F 0 . WE 1-21 0.597Ac. S �C 395 LF A 70 WF 1-28 2.275 Ac. dL d� 0 -7;ri fN. I .$ 0 41 dF - do if kv-0 Ar - �6f ­PEI SD 11 - IL I Site Boundary Intermittent Stream Perennial Stream Wetland SA 1-5 Flag Number/Feature ID DP-1 41) Data Point 0 Culvert �do all V! I 1. 9 -F 490 90 LF LF . '4W dL THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. MR. DAVID BAILEY WITH THE USACE INDICATED IN AN E-MAIL DATED AUGUST 8, 2022 THAT HE CONCURSWITH THE DELINEATION AND THAT A PJD WILL BE ISSUED BASED UPON HIS DESKTOP REVIEW. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5 Wetland Map Aerial Imagery from ESRI Johnson Street T. and Pilot GPS Data Approximate 44.5-Acre Tract Scale: 1" = 300' PIL131 High Point, Guilford County, NC Date: 2.26.21 tFILOT ENVIRON MIN7AL.INC Pilot Project 6573 b � b _ CC bb x Epp i§gg6gg� 3 5a Q=w¢S o IEEE 1■■■IEEE ■■ ■■ 1■■■■■ IEEE ■■ IEEE■■ 1MEN :: •li IEEE■■ IEEE■■ IEEE■■ IEEE■■ IEEE■■ 1■■■■■ IEEE■■ EEE■■ I IEEE■■ EEE■■ I IEEE■■ IEEE■■ IEEE■■ 1 IEEE■■■■■■■ IEEE■■ IEEE■■ IEEE■■ � " �� OO - IEEE■■ IEEE■■ IEEE■■ I■■■■■ I■■■■■ IEEE■■ IEEE■■ IEEE■■ IEEE■■ IEEE■■ I..... IEEE■■ �::::: I■.... M:::: �::::: • 10■■■■ ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Clay Mize Leoterra Johnson Street, LLC 110A Shields Park Drive Kernersville, NC 27284 Project: Beckett Townes Subdivision NORTH CAROLINA Environmental Quality November 1, 2022 Expiration of Acceptance: 5/1/2023 County: Guilford The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Cape Fear 03030003 Riparian Wetland 0.19 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, j FOR James. B Stanfill Deputy Director cc: David Brame, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0010994 Project Name: Beckett Townes Subdivision November 01, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 11/01/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 11/01/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 11/01/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/01/2022 KA Project Summary Project Code: 2023-0010994 Project Name: Beckett Townes Subdivision Project Type: Residential Construction Project Description: The site is being developed with a residential subdivision. A NWP permit from the USACE will be required for wetland impacts. The project is expected to begin upon receipt of permits. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.0389074,-80.02276716113147,14z f4}+k1Ja4ar �1 r ti k 1. r6- t Counties: Guilford County, North Carolina 11/01/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 STATUS Candidate STATUS Endangered Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/01/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. 11/01/2022 BREEDING NAME SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 11/01/2022 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Jill JET.Iiii JJ■� Jill --+ Jill Jill Jill Jill Vulnerable ■■■■ ■■■i Chimney Swift FEE ■��� ++++ ++++ ++++ IN1N Jill lim I — W11111-1 -------- BCC Rangewide (CON) Prothonotary Warbler W + + ++ + ++++ + ++ Jill "'� Jill 1111 + + + +—�+ --- +� —�—� ���+ BCC Rangewide (CON) Red-headed + + ++ —++ ++ + +++, + ++ ++++, 1 �� �„ Jill Jill +—�+ 1+--4-Woodpecker —�—� ���+ BCC Rangewide (CON) Rusty Blackbird ++++ +,++ ++—+ +­+ — — — — ---+ BCC-BCR Wood Thrush BCC Rangewide ++++ ++++ ++++ +++' ++++ —++Jill Jill ++—+ +­+ — — — — — — —+ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. 11/01/2022 4 • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding. and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look 11/01/2022 at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be 11/01/2022 6 aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 11/01/2022 IPaC User Contact Information Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 \ \ I�� ])t()U �-�|..* =7 .�.««« }§k•---«« fƒ\k,,,�+ pop W .\ � f . \ | , wmr ! \ \ Tb-ain � ��� � � � � � \��� ' � ��� � � � \ . . ` \ � . . p \ David Brame From: Heather LaGamba Sent: Friday, September 2, 2022 10:51 AM To: 401 PreFile@ncdenr.gov Subject: Pre -File Notice - Johnson Street Subdivision (6573.3) We would like to submit a Pre -filing Notice for the following project: Project Name: Johnson Street Subdivision (6573.3) Project Owner: LeoTerra Development Project Owner's Address: 110-A Shield Park Drive, Kernersville, NC 27284 Project County: Guilford Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Thank you and have a wonderful day! Sincerely, Heather LaGamba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www.pilotenviro.com hlagamba@pilotenviro.com