Loading...
HomeMy WebLinkAbout20211535 Ver 1_20211021 ePCN Attachments_202110215410 Trinity Road P 919.866.4951 T I M M O N S GROUP Suite h, F ww.tm ws.c Raleigh, NC 27607 www.timmons.com October 21, 2021 Dave Bailey U.S. Army Corps of Engineers — Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Sue Homewood 401 & Buffer Permitting Branch NCDEQ — Division of Water Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Re: Electronic Pre -Construction Notification Attachments Poet's Walk Gibsonville, Guilford County, North Carolina Project No.: 45695 Dear Mr. Bailey and Ms. Homewood, On behalf of Royal Coach LLC, we are providing additional attachments and information to aid in the review of the electronic Pre -Construction Notification of the Poet's Walk site, an approximately 22.62-acre site located at 531 NC Highway 61 South in Gibsonville, North Carolina, within Guilford County (the Site). Please review the below attachments and contact Matt Michel at (574) 514-3115 or matt. michela-timmons.com if additional information is required. Sincerely, Timmons Group Morgan Gilbert Environmental Scientist Matt Michel, PWS, PhD Senior Environmental Scientist ENGINEERING I DESIGN I TECHNOLOGY Enclosures ATTACHMENTS Appendix A Agent Authorizations Appendix B Vicinity Map, NRCS Soil Map, and Wetlands and Waters Delineation Map Appendix C Preliminary Jurisdictional Determination Approval and Town of Gibsonville Buffer Determination Confirmation Appendix D Environmental Impacts Set Appendix E T&E Species Information — IPaC Report and NCNHP Report Appendix F SHPO Map and List Appendix A: Agent Authorizations DocuSign Envelope ID: 1 C7C3AOD-5DC1 -42F1 -86F7-331 OA008092C ■*woo*i 40 ■ TIMMONS GROUP YOUR VISiON ACHtEVED THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the day of , 20 10/18/2021 (number) (Month) (Year) 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 (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Poet's Walk Parcel ID: 104262 and 104251 Site Address: 533 and 531 NC Highway 61 South, Whitsett, NC 27377 Property Owner's Name (Print): " Eo gRU W.-C Property Owner's Signature: �bt, PbW Joe Polite vice Presid Property Owner's Mailing 2857 Westport Roa� Address: charlotte NC 28208 Property Owner's 704-399-4663 Fax NA Telephone: No. Property Owner's JPolite@Eastwoodhomes.com Email Address: r, O ko r, N U Z Ol N O _1 v Ln 0 It Ln nt col� Ln rn 00 M rn E 0 U 0 E E The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: T MMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION All Blanks to be Filled in by Applicant NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1, the undersigned, current applicant designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the t day of Gao be4C 20ZJ_. (number) (Month) (Year) This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Poet's Walk cant Name ( licant Siqnature: Coach, J-LC (Trent �J ` � Applicant Mailing Address: Q` X-)) i % 1 — j (—_.. " ,77 10-3� Applicant Fax Telephone: No. Applicant Email Address: '� 1 4`—� Q �_ tES , C) 1-3 ti 0 H �r LO m 0 Ln m rn W Appendix B: Vicinity Map, NRCS Soil Map, and Wetlands and Waters Delineation Map Path: Y:\805\45695 - Poet's Walk\GIS\45695-JD-VIC.mxd ♦ • ,-� • a �_--sue � • � • •1� _ AFO 0 0W f t o i00 Site Limits Wr • r ... 6s � arjErr l 6� I I oe •�,. a b . Site limits are approximate. Topographic imagery from USGS. • ( N • 0 1,000 2,000 3,000 4,000 � Feet • GUILFORD COOENTS NORTH'CAROLINA T I M M O N S GROUP ` "•� FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. • TIMMONS GROUP JOB NUMBER: 45695 U.S.G.S. QUADRANGLE(S): GIBSONVILLE PROJECT STUDY LIMITS: 22.62 ACRES DATE(S): 2016 LATITUDE: 36.085082 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) LONGITUDE:-79.562213 HYDROLOGIC UNIT CODE(S): 03030002 These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used For any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\45695 - Poet's Walk\GIS\45695-JD-NRCS.mxd ■ r v r ■ or 7 s 1 En - i ,k z r - - Site Limits16 I 1 1 � ' 16 - L OIL IN r ■.t - � - ■ 1 -Rol ' 1 n ■ ■ ' 0 — r - 1 ■ ON 1A VChL Site limits are approximate. Soil from NRCS Web Soil Survey. — 0 350 700 1,050 1" Feet POET' GUILFORD COUNTS NORTH'CAROLINA T I M M O N S GROUP •' �, FIGURE 5: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER: 45695 U.S.G.S. QUADRANGLE(S): GIBSONVILLE PROJECT STUDY LIMITS: 22.62 ACRES DATE(S): 2016 LATITUDE: 36.085082 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) LONGITUDE:-79.562213 o e HYDROLOGIC UNIT CODE(S): 03030002 ese o ans an associate ocunnents are t e exc usrve orooertv o an may not a repro uce in w or in part an s a no a use or anv ouroose w atsoever. inc usrve. u[ no ed to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. 61:1.1i.` OKO Appendix C: Preliminary Jurisdictional Determination Approval and DWR Buffer Determination Confirmation U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00795 County: Guilford U.S.G.S. Quad: NC- Gibsonville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Timmons Group Attn: Lauren Norris -Heflin Address: 5410 Trinity Road, Suite 102 Raleigh, NC 27607 Size (acres) 22.62 Nearest Town Whitsett Nearest Waterway UT to Back Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.084920,-79.562640 Location description: The project area is located on the east die of NC Highway 61, approximately 0.5 mile north of its intersection with US Highwav 70, in Gibsonville, Guilford County, North Carolina. The proiect area is shown as the purple - outlined "Proiect Study Limits- 22.62 Acres" on the attached figure entitled "Sheet No. 1 of 1." Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands 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, including wetlands 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 6/5/2020. 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, including wetlands 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, 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, including wetlands 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, including wedandson 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. ❑ We recommend you have the waters, including wetlands 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, including wetlands 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 _. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this SAW-2020-00795 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, 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/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 David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2Ausace.armv.mil. C. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 06/22/2020. 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 find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 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. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ��� Date: 2020.06.22 08:12:10 Corps Regulatory Official:-04'00' Date of JD: 06/22/2020 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://colpsmapu.usace.gM.mil/cm_apex/f?p=136:4:0. Copy furnished: Zachary Tran, PO Box 489, Colfax, NC 27235 Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 •1:lai.` 0I• R..ke im _ t SAW-2020-00795 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Timmons Grout) Attn: Lauren Norris -Heflin He Number: SAW-2020-00795 Date: 06/22/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) 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. SAW-2020-00795 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. Phillip Shannin, Administrative Appeal Review Officer Attn: David E. Bailey CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 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 opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/22/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Lauren Norris -Heflin, Timmons Group 5410 Trinity Rd, Ste 102, Raleigh, NC 27607 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Guilford City: Gibsonville Center coordinates of site (lat/long in degree decimal format): Lat.: 36.085082 Long.:-79.562213 Universal Transverse Mercator: 17N 629449E, 3994342N Name of nearest waterbody: Back Creek (Little Creek) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): 6/3/2020 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) See attached Table of Aquatic Resources O O U +� L U � pp ! O O O O L O Q M p 'IT � � � It � � It � p ,� - U cr U O O O O O O O O O t m 7 O aycncn M t L L Om O ,v !O C7��� -0 -0 -0 -0 70 ul ' M _ Vi cr 'az (B J-, >� J-� >� J-1 >� 41 O ul � m0, c 0 3 0 3 0 i w a CL i z z z 0 a d d d d N O = L w w Q 0.— L L a) 4-(1) U = L L L O C C C r O m �+ (A L — — — 00 n O O H L. M C6 Ln O ,� O ,� O O E U � O T a'd00 W cr m R H m y al �.D M O r- M N N M + I 01 Ln Ln �O �.O k.0 ItT N N Ln c-6 Ln Ln Ln Ln l0 l0 l0 l0 l0 Uf Ln Ln Ln Ln Ln r" O N M 00 Ln Ln l0 Ln -q Ln l0 ItT %D m ItT m ItT r- m ItT 00 C-6 00 00 00 00 Ln 00 00 00 M 00 00 O O O O O O O O O O J ko M M M M M ko ko k6 � � M M M M M L p Q m U 0 Lu LL (D _ z a� in 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: 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:Vicinity, HUC, environmental inventory, parcel, NRCS soils, delineation map ( T i m m o n s ) 0 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: 030300020305 ❑ USGS NHD data. 0 USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000; Gibsonville ■❑ Natural Resources Conservation Service Soil Survey. Citation: Guilford County, 1977 ■❑ National wetlands inventory map(s). Cite name: USFWS NWI North Carolina 2018 State/local wetland inventory map(s): FEMA/FIRM maps: 3710883500K & 3710883400K (effective 06/18/2007) 100-year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date) or ❑■ Other (Name & Date) .(National Geodetic Vertical Datum of 1929) NC OneMap Orthoimagery 2017 Landscape ❑ Previous determination(s). File no. and date of response letter: ❑x Other information (please specify): QL2 LiDAR (NC Floodmaps) 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. Date:2020.06.22 07:48:30-04'00' 04/29/2020 Signature and date of Regulatory staff member completing PJD 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 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. July 22, 2020 Site Visit # Gibsonville 2020-06 Timmons Group Attn: Lauren Norris- Heflin 5410 Trinity Road, Suite 102 Raleigh, NC 27607 Determination: ® Ephemeral/Intermittent/Perennial Determination 0 Isolated Wetlands Project Name: Poet's Walk—Gibsonville, NC Location: Project Area is the east side of NC Hwy. 61, Approx. 0.5 miles north of its intersection with US Hwy. 70 in Gibsonville, NC Subject Unnamed Tributary to Back Creek Stream: Date of Determination: June 3, 2020 Not Soil USGS Feature Subject Start@ Stop@ Subject Survey Topo As shown on A (R3/R4) X NC Hwy 61 attached X X Figure Sheet #1of1 B (1114) X No No Buffer Buffer C (1114) X No No Buffer Buffer D (1114) X No No No Buffer Explanation: The feature(s) listed above have been located on the Soil Survey of Alamance County, North Carolina or the most recent copy of the USGS Topographic map at a 1:2,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream, or not present on both the USGS Topographic map and the Soil Survey map, or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. Streams that are considered subject have a 50' riparian buffer from the top of bank on both sides of the stream. The Town of Gibsonville's jurisdiction is only over the stream buffer. The NC Division of Water Resources and the US Army Corps of Engineers have jurisdiction over streams both on previously mapped and unmapped streams as well as on wetlands. There may be other streams located on your property that do not show up on the maps referenced above, but still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources. Additionally, impacts to the drainage feature may require permitting through either of these permitting agencies. All streams were evaluated per NCDEQ Stream Identification Method 4.11. • Feature A (Intermittent and perennial) is in the approximate location on the NRCS Soil Survey Map and the USGS topographic map and therefore subject to the buffer regulations. • Features B, C, D are determined to be intermittent streams and are not subject to the buffer regulations. Impacts to these streams will require permitting through other agencies. After the field visit, the Town of Gibsonville concurs with the determination that streams are present on this site. Other areas may need further investigation from the USACOE. The final map (Figure Sheet 1 of 1), Soil Survey of Alamance County, the USGS Topographic map at a 1:2,000 scale are attached to this document. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Town of Gibsonville representative shall be referred to the Director of the Division of Water Resources, c/o the 401 Oversight Express Permitting Unit, or its successor. The Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director and the Town of Gibsonville in writing. This determination is final and binding unless, as detailed above, you ask for an appeal within sixty (60) days. The owner/future owners should notify the Town of Gibsonville and/or the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries about 401/404 permitting should be directed to the Division of Water Resources (Winston Salem Regional Office) and the US Army Corp of Engineers (Raleigh Regulatory Field Office). Respectfully, Josh Johnson, P.E. Enclosures: Final Map — Figure -Sheet 1 of 1 Soil Survey of Alamance County USGS Topographic Map cc: Ben Baxley — Gibsonville Town Manager Brandon Parker, Town of Gibsonville Planning Department Sue Homewood, NC DEQ 7 iilk R1�tr. •4' *+7.'� - Syr;' r '"*I� ' ... 'fir ��� ��� .i a �+f � "` .Y~+ ��•s��fr. � - �� '�' : yam, ■�2;. :i� . '.� � (+� r "v ';F.. •�� ' -' '�- 'i['= `�;.1 , �r • ir��' • .ir �- ! =ate , _ - .fig r' t ', (��$ .- , . , •e' : - ,� ."•�'. a y : - 1 � � •� �. 'gam. • 9 t - r OJ \ LMCI:10191: Path: Y:\605\45695 - Poet's Walk\GIS\45695-JD-NRCS.mxd r— s r jo i -1 49t if h I s-- r ' 1 iw 11 Mokpo _ Site Limits i _ t I - r - h C I' r FSfirtoemlimits are approximate. NRCS Web Soil Survey. 0 350 700 1,050 1Alm 11 Fn01 r POET'S WALK TIMMONS GROUP •••�� GUILFORD COUNTY, NORTH CAROLINA • FIGURE 5: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. • �I TIMMONS GROUP JOB NUMBER: 45695 U.S.G.S. QUADRANGLE(S): GIBSONVILLE PROJECT STUDY LIMITS: 22.62 ACRES DATE(S): 2016 LATITUDE: 36,085082 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) LONGITUDE:-79.562213 HYDROLOGIC UNIT CODE(S): 03030002 sn pens and an -A Aa r nt.+/n s orn 1 n me w property Arid My no* tm repr 4KQ n E W IR pAll Ann nut by m miry gnposn Wry t.Unrl r, nr, rv^ WI Mt NnA W construction, bidding, and/or construction slaking MI)OLi tlra express written consent d TIMMONS GROUP. ith: Y:\805\45695 - Poet's Walk\GIS\45695-JD-VIC mxd � I� J•� � o � a � ■ � •� ' 1 11 ~ •� �� �' is _ � ��` � .r�ti . s �•� . • -� �_„� to • • _ L~i i 700 i = i +ram rt t * *� . �: • Site Limits t? ••1 •. 01 • I 1 ■1 r i O a ` j ■t _ rot _ - • .. ,- - r � • � s 67 FF .� i � � J ! •• CJ I ■ !e • • i [ tv Site limits are approximate. \ 3���=� ram- �•' Topographic imagery from USGS. r F o 1,000 2,000 ADM 4,000 Feet POET'S WALK TIMMONS GROUPlll 9•��! FIGUREr�11.1'.r 1: VICINITY MAP YOUR VISION ACC-HEVED 1-1-AR UGH OUiS. •i TIMMONS GROUP JOB NUMBER: 45695 U.S.G.S. QUADRANGLE(S): GIBSONVILLE PROJECT STUDY LIMITS: 22,62 ACRES DATE(S): 2016 LATITUDE: 36,085062 WATERSHED(S): HAW (CAPE FEAR RIVER BASIN) LONGITUDE:-79.562213 HYDROLOGIC UNIT CODE(S): 03030002 nma owiland asommmil Wsmwitis am me uru. V.p•aY QRGQP-d — m w a 0r n vnr u arry pvroo.n was ...v.�. n no limited to cons lruc lion. bidding, an dior co ns truc I ion s1a kin Mft ut the ex ore ss , Ilen confse nl onMUONq GROUP "' Appendix D: Environmental Impacts Set bInO�) M M f i dNnoado uiaoN';.iNnoo aao—no'—IANOS9 ID do Nnnoi o J1IVM S1130d NOISIA a ff a" y, L56998 6i6131 d n O b J S N O W W I 1 oJ[09[Z 9NM46�al1 I z0i'ITI T Al1' ITT -• 33I910 H9131tlL ­0H9HOHF143A31HOtl LfIOA • 3Hi iv aea —d sw A— S1Hi • 0 Z J IV V111UIVVJ :JIV 11J1X� I ID b�/\V h o o v � M o M � f � %NI�Ob %� H1bON ALNf10� OtlO��If1�J 31�I�NOS9I�J �O NMOl � b � v U w a fs bib xy, i56b WIT, d n O b J S N O W W 11 oJ[09[Z 9NM46�alen I z0i al!n5 'Deon Aliuiil0lb5 -• 3�I910 H9131tlL -nDO H_DOnF163A3IHJtl N01SI6nfI0A • 3H11tl 43N11—SNIP 0SIHi •� e GVN Q1 LU 666 � � \ \ \ \ \ \ \ \ ••F••••/.'.'.% . I \ \ \ \ I I I \\ \\ \ \ III 1 \ 099 ze '• —999 iJ \ y \ \ \ I 1 \ \ \ \ I I I III I .•. •.�.•.•.•\,.;.,.• \ I\\^ 1 I I 099 \ \ \ i 1 1 / ) \ I I I I '�y I I .�'.•.'�•.'.\. +:.'.' .�1 r I \\ I I J J 7, - T I — �l�vawl wv�al� zs ui�v il�/�l i iva�nU ,� o � o v M o M f %NI—VO H—N —noo O o—no I-ANO-0 AO NMOI b �VM S�13Od u v U w e=iaffs.bibxyl J1i56b9986i6 9Na"'"131 d �1 O b J S N O W W I 1 oJ[09[Z M46�alen I z0i '" "'."l 0i ' -• axi iv aaavdlad sNnnvaa slxi sano x9noaFlaaralxw Nmsmanoe ••-• z o s K O W z 7 M 7 7 m w a m 03 y o. D O Z O F a a o a s w } z < OZ<Z<'w O O z w of w WW uJ Q an a C7 �LULUzOfOfOf W F> OU CO CO CO W W w¢ z z z> w w w Q F F z o z z z o \\\, \\\ \co, o rr 0- Of Of Ofz a W w z l\ \\ z Fa w w IT IT ITW F a a a F O O N N 660 —i rm gir�.ml �'� • ��I� ����� - - � gill �:�.,I��►II.. o �i~illl iurs� �— til� NrMu��illl oil 1 `` 11' `'ILL�111111 QI `y�7 1-10VI IDVdWI VAVI2lS'8 aNt»13M .N.,..,�,. o v M o M f %N I�Ob%N H—N A noo OtlO—no I-ANO—D AO NMOl b? N aJ1IVM S.13U Od u v a�fs.bii56.9986i6 9N 131 d o Ob J S N O W W I 1 of [09[z M46�alen I z0ia"'' n5 'DROn All, IT, -• 33I910 Ho' ­ ]HI H_DONF163A3IHJtl 01SI6 —A• 3HI aea—dswA—slHi •� s 'o O 7. a� �d 3 �C iV Iamseiq 41agezlR q pallolri Mp'IniI IAA iS-7LP.P.-CR9Cb\:)MC1\NIeM slOO i-GR9Cb\lf'f1:S u o 0 a m m N N T O O a O O O F- V a � y N 1O W C V ¢ 343 a I I r � a m o m 0 z � m 1!1 C a N of ti m u a a N N la„ o 0 � N c o a a 7 m 0 z � 3 ryj N 3 � — a 0 r Q o 0 0 3 � W a 3 N O N I- Q o c c c c c o z— a z a n a N 0�1 'M-I N a ri ro z � W £ a w LL a c� H c� 3 o o r z iw a a Q 0 r V m C� ri N M V 1l1 l0 r m Ol � Z a � a U U U U U U U U U N gl Ol W Z O O O N a — O O K a W W OC O � m Oi m ca C H M o0 0 0 0 0 0 0 u a 1- z z u a a a � � C a�� M O W LL 7 W z O O O N— ¢ o 0 � o 0 a � — H W Z � p o p 0 O N a W a � M W 0 N E U _ w - LL W lL f0 VI U � to � O � T J Q ro a c r � V W m ca G Z a v, in vl io v3 In in io W cQ Z x a y� w E z ° O rn Q � o o� o ~ d� C (O co N [O N 0 N N � N Z Z O N Z = m co � N N W W M Q Z W v a J Z O w Q O M M � M a N f� 0 f � M U O 11J1 0 � m r � m U � M 01 w w N � M a J y � `� o o 0 0 0 0 0 0 w J IWL IWL LL � � � N M w cnUUU 3-Id02id'8 N» d Z'3)T-LDVdWI -1V-LN]VAN NO2iInN3 ,� a\ m M f N N %N 9lOb%D H1bON �ALNIIOD OtlPH�IIID �I-ANO—D AO NM- o N1. AVM S E]Od u woA [09[Z JN 46ia 11Tl 1f� £f8'a I6 XYA TSW998'6L6131 ZO5 'I'll IT-JL IT11 33I_H7"T 1—H9HOHF143A31HOY NOISIA LfIOA 3H1 1Y 03NYd3Ld �NIh— SIH1 Z w LL O Z W Lc W. Lf a m w . J Q z w a w I ~ mQQ ~ D O z w w F Q Q Q LL LL LL W LL F W F Z W W W K co co— W K W K W ¢ W W W ¢ °6 � d � � � d N of of of W w ¢ a W a a a w N N W 3: 1 1 0 N I I c Lc •-•'.••' dnomo SNOWWII O pI OO 7 O z o 0 z W <¢ 'j, LU(7 9£ Sb9 t'9ti9 � Lu J C) O 0 LU IIIO x 96 Sb9 0 � w O'9b9 a0 1-- w 0 O a Z O 0 (o (o O = O LLO O O LO O V O O O I 6'bb9 ci co a = 08 Z99 / Q O 9'9b9 I 11� W U) U D O co w 88 £S9 o w 6'9b9 pW WQ co Y o f W 0 / zo U)Lo 0 CD 9 9ti9 LLo O o O v O X W 1. ¢ ¢ C,<= N II W U T 'gm mtrn mm <mo oLL m 1¢¢"in m _ N ¢ l r \ 9 g¢ N F� � v � F w - ,�m—N WwOvi m¢r z z _Imo mLo\� ON d NI¢¢ darn ;\m z¢ 1 W U v • mare M_ X o Lo Ln 11 W W J J ¢ U O U) N OW +o oa a� U o m W 3 �C o W o oV + Q U o U)) O bi W J Q O j O o U) J � LU C LU 3 v •` w w n y � 03 0 `d ix � °I W« v C� O O u y a o= a 3•a `w 3 w o yo :°v = me o OE. aN N y c v °y A `a 3 « $ 3 ° o E « ° w N a�o'"'e No.3NN3N� p 0 E E N u C. w C C C C e'c `o Ex N Q. w'aat°i `ate a a� 3 `D co c(o z w 0 W 0 6Z 099 S'L 69 LU LU J w O 9'869 Q x 0 a (D m O w a w o 0 v 0 N o z O o (D O Lo Ln LU W J J ¢ U U)U) N 0 LU O � mo. woN» d 8a'm,a/. ,9.,,b £ IDVdWI -WIN3WN�.,ow.,o,,,„mom,„,,.,.,w.00,,,,��o..n.,„ �. n 02iInN3 a\ M M f •� %NI�Ob%N H—N ALNIION OtlO—no I-ANO—D AO NMOI o N o J1lVM S ElOd w 9N46alI z1T a dibxy, L56b9986i6131 M�b=i 33 oJ[09[Z OT'DROn Aliuiil0lb5 Id10 H9131tlL 3 111tl 03NVd3dd DNI IA— SIH1cl SyD0 H9DOHF143A31HOtl NOISIAnDOA •• • 1 d n O b J S N O W W 11 ?I Z O p �-' O 3 w m? a m a a z D z w w o Dwf O z 0 F Q Qji z O 0 3C7 w a w O w Q w} U 0 U O O z — of of � Oz� F 0 0— J LL LL Q CoC i w w a a> w w w>> (U 001wn FOw ¢Nw I ar U ar�LL LL w z w Wu) amp far Baru � O � U a a .> �¢r mm �oaN a w r } w of w of UZW O ��� OQLL u�,oaLL a� uga�LL z w of z z z Q w w w of Q F F O a0 LLa�rn �zm. w�z� \ I z a of z z z Q Q Q of U U N \ \ �Zrn I �w¢m mmt-fnN�fn t-rnv xs O O \ \ W r ¢] F- fn rl _ , 0 K :E K K K :E Z Z QQ¢in • \U � ~wzN 14O IN -- '— �\ Q \ a F a a a F O O Lu z � W zZ —tl — Q < 1 'y \\ voq\, 0 � s � � � � � �� � e 3H3• w`o o= `o o w no w-z c o a 'o o N= a o 4° a w .« s . ° o N v o w o _ U e c C w a° t3 a 3 a a 3 U I MIN I J 11 © II. N Ili Ili��) �i1ll\I".� .III I �R � 1, 1'ii• ,I I � 1 _ ,w*swam, mwmaIAN u e 2 ° w a,-n _� oN :zN ]vM S 1 Od �( `. :: ®� __ /:w �..� d n o v o S N O W N i l 7| ; 3 }( , 2� f _ / LD .v 2 ! `` % ?r \ \ \\\{/ /� \ \ \ & \(\ ')\/ zwU) ,\/` § a� vsa |f%E \{&}\§ \�/�}\t ��\d) �t■■§» - %E [_ - �!„! v,RQ/}\))|)3t)3 6 5 (o- j . . . . . :0(D < < [r»``o \\\\\\\\\ e/)))=_ w\\\\\\\\ j}\}}}\\\ \±r±±±rGG Appendix E: ME Species Information — IPaC Report and NCNHP Report 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: Consultation Code: 04EN2000-2022-SLI-0047 Event Code: 04EN2000-2022-E-00101 Project Name: Poet's Walk October 12, 2021 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 species list generated pursuant to the information you provided 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.). 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. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 10/12/2021 Event Code: 04EN2000-2022-E-00101 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 10/12/2021 Event Code: 04EN2000-2022-E-00101 Attachment(s): • Official Species List 10/12/2021 Event Code: 04EN2000-2022-E-00101 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 10/12/2021 Event Code: 04EN2000-2022-E-00101 Project Summary Consultation Code: 04EN2000-2022-SLI-0047 Event Code: Some(04EN2000-2022-E-00101) Project Name: Poet's Walk Project Type: DEVELOPMENT Project Description: This project is for a proposed residential development in Gibsonville, NC. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a-)36.08497375,-79!56267107950134,14z Counties: Guilford County, North Carolina 10/12/2021 Event Code: 04EN2000-2022-E-00101 3 Endangered Species Act Species There is a total of 2 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 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 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. ]I ■■■ ■■ ■ NC DEPARTMENT OF ■■i■i NATURAL AND CULTURAL RESOURCES October 7. 2021 Kate Hefner Timmons Group 5410 Trinity Road Raleigh, NC 27607 RE: Poet's Walk; 45695 Dear Kate Hefner: Roy Cooper, Governor D. Reid Wilson, Secretary Wager Clark Director, Division of land and Water Stewardship NCNHDE-15956 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 / \ ± / \ F 4 / \ 0 ( c \ e z 3 j 0 ®: \ 0 / /\ » t G} E 3/ } g \/ ±/ CO / &2 § 9 >s \U \\ \ O\ \± CO^mu \ %0 \ �&® \.z s a_ o \ CO / /®vee �\ e H %0 / ƒ/ ®»Z%o j CO 2\ 2�tn® 0 `i \\\ ® �\ CO \ ±OZ \ u y % \ \ .\ — / \ c u \ d e e o - = 5 y/ / y CO CO 2 c 9 c -0 u E \ �a \ } \ cn / �\ § O D » \ CO CO )\ ( ° J} \ / g \ s\ E s COm } \\ H \ = 2 O .$ ƒ \ ° \ \\ \ \ \ �} + G \ e / \ E \ ± E \ n t = 0 COCO/ Z \ / E f /{ / ± / ° O e // \ Z> x\ / CO * \ CO \ ` \ « \.2 n 6 m \ \ E \ _ \ \0 °\ / CO ��E \/ \ \ \ \ ) / / § \ / 41s P MIl ` �E8 is.voPcaW 'o� � Mumma - _ - _ e P U � - ip P-1 H _VJ W O n 6 LO CY) V J r I W 2 z U Z a w o Q m c6 U C O in 6 N U N N C O 'p '� a` m a) o ❑ ❑ 0 M O M N a Appendix F: SHPO Map and List CO W O n 2 n 2 U Z w $pririgwo0d 4 r x xx .tk I I I - s I I : #I CL CO LL IOPLd A31Pui'l 3 0 4o C W rq s C Cc 0 C� LL n t< ti m rq :J 3 C (� C r� 3p yj ty C5 O LL 4 O J— [Y _ W G�6 O CD LL 9 ❑ O L W = LL uO i O CD i0 LL Pr rr JQ 34i-� 411L11.j f `T # jockey Pt -,I, Aeliza J❑ auJS:UJ� j15Llaejljl J❑ o6p!8 uJOtIIMPH 4 W v U _ U E Y CD Z 00Z p p a zL Z w w ~ E U W E z m E LO O LO w O 00 N O CDp Y U y � m M Cl. n O U Wlo W' = W m W W � � (n � d � n O CO C Q 0 0 N (7 a O p N 0 (7 = a x > C Z O Z O S; C Y Y O O O O Cn Cn CO CO ■ ■ + + U! y N � � 1 Qo 0 1 o6 MU � � 1 O '! OS N c O O -1 N J A 1 N 0\0 - S ■ ■ Y t t t t t t t t t t t t t t t t t 0 o � z _ x E- 8° 3 0 T w x x x _ s 3 0 x x x x x m x x x x m 3 ? z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z °o � z zz o 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti ti ti ti ti ti ti ti ti��� ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti o