HomeMy WebLinkAbout20210739 Ver 1_5306.3-Buckhorn Road_PCN_20211022Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- 2019-02199
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Buckhorn Road
Begin Date (Date Received): 10.22.2021
Assign Action ID Number in ORM ❑
2. Work Type: ZPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
The site is an approximate 121-acre tract located west of Buckhorn Road in Mebane, Orange County, North Carolina that is proposed
for development.
4. Property Owner / Applicant [PCN Form A3 or A41: Elizabeth C. Bowman/AI Neyer, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Pilot Environmental / Spencer Burnett
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
Buckhorn Road, Mebane, Orange County, North Carolina
36.0760080,-79.232170"
8. Project Location -Tax Parcel ID [PCN Form Bla]: Multiple Parcels - Parcel 9834261132 (Impact Area)
9. Project Location — County [PCN Form A2b]: Orange County
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mebane
11. Project Information — Nearest Waterbody [PCN Form 132a]: Haw Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Cape Fear/03030002
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 4
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2019-02199 Date received: 10/22/2021
DWR project no. 20210739 Date received: 5/12/2021
Site Coordinates:
Latitude (DD.DDDDDD): 36.074946'
Longitude (DD.DDDDDD):-79.229881'
Form Version 1.5, September 2020
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
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 online help file may be found at this link:
https:Hedocs.deg.nc.gov/WaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf
The help document may be found at this link:
http://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be
able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to 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) : 4/12/2021
DWR ID # 20210739 Version 1 (If applicable)
A. Processing Information
County (counties) where project is located:
Orange Additional (if needed).
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project?
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
❑x 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)
Pagel of 21 PCN Form - Version 1.5, September 2020
❑x Nationwide Permit (NWP)
1 b. Permit type(s)?
❑ Regional General Permit (RGP)
❑ 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 separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑x No
NWP number(s):
NWP 39
RGP number(s):
Click to enter.
1d. Type(s) of approval sought from the DWR (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ Individual 401 Water Quality Certification
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: *
❑ Yes ❑x No
For the record only for Corps Permit: *
❑ Yes ❑x No
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes ❑x No
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 ❑x No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
❑ Yes ❑x No ❑ Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes ❑x 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: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 21 PCN Form - Version 1.5, September 2020
B. Applicant Information
1 a.
Who is the primary contact?
Wyatt Bone
1 b.
Primary Contact Email:
wbone@neyer.com
1 c.
Primary Contact Phone: (###)###-####
(919) 624-3290
1 d.
Who is applying for the permit/certification? (check
all that apply)
❑ Owner 0 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:
Elizabeth C. Bowman
2b.
Deed Book and Page No.:
13-E-225
2c.
Responsible Party (for corporations):
c/o Sunny Jones
2d.
Address
Street Address:
6334 Rabbitt Run Lane
Address line 2:
Click to entei.
City:
Mebane
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
27302
Country:
U.S.
2e.
Telephone Number: (###)###-####
(336) 269-6550 (Sunny)
2f.
Fax Number: (###)###-####
Click to entei .
2g.
Email Address: *
elizabeth_bowman@yahoo.com
3.
Applicant Information (if different from owner)
3a.
Name:
Wyatt Bone
3b.
Business Name (if applicable):
Neyer
3c.
Address:
Street Address:
4509 Creedmoor Road, Suite 201
Address line 2:
Click to enter.
City:
Raleigh
State/ Province/ Region:
NC
Postal/ Zip Code:
27612
Country
US
3d.
Telephone Number: * (###)###-####
(919) 624-3290
3e
Fax Number: (###)###-####
Click to enter.
Page 3 of 21 PCN Form - Version 1.5, September 2020
3f. Email Address: wbone@neyer.com
4. Agent/ Consultant (if applicable)
4a. Name: *
Michael T. Brame
4b. Business Name:
Pilot Environmental, Inc.
4c. Address: *
Street Address:
743 Park Lawn Court
Address line 2:
Click to enter.
City:
Kernersville
State/ Province/ Region:
NC
Postal/ Zip Code:
27284
Country:
U.S.
4d. Telephone Number: * (###)###-####
(336) 708-4620
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
mbrame@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/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 21 PCN Form - Version 1.5, September 2020
C. Project Information and Prior Project History
1. Project Information
la. Name of project: *
Proposed Warehouse/Distribution Facility - Lot 2
1 b. Subdivision name (if appropriate):
Buckhorn Business Centre
1 c. Nearest municipality/town: *
Mebane, NC
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
9834261132
2b.
Property size (in acres):
121
2c.
Project Address:
Street Address:
Buckhorn Road
Address line 2:
Click to enter.
City:
Mebane
State/ Province/ Region:
NC
Postal/ Zip Code:
27302
Country:
U.S.
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): 36.074946'
Longitude (-DD.DDDDDD):--79.229881 °
3. Surface Waters
3a. Name of nearest body of water to proposed project:
Haw Creek
3b. Water Resources Classification of nearest receiving
WS-V; NSW
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
030300020501
located:
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 5 of 21 PCN Form - Version 1.5, September 2020
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:
Several structures are located on the eastern and southern portions of the site. The remainder of the site contains
undeveloped 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?
4c.
If yes, please give the DWR Certification number and/or Corps
SAW-2019-02199
Action ID (ex. SAW-0000-00000):
jClick to enter.,
Attach any pertinent project history documentation
4d.
Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.
Attach an 8'h 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
3.519 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
5,450 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 Phase I of Buckhorn Business Centre.
4i.
Describe the overall project in detail, including the type of equipment to be used:
The overall project includes construction of a 193,200 square foot and a 330,000 square foot warehouse, distribution,
manufacturing and light industrial facility. The facilities include associated access roads, parking areas, loading areas
and stormwater control measures. The facilities have been designed to have circular tractor access, shipping/receiving
docks, tractor court parking, vehicular parking and stormwater control measures. In order to construct the 193,200
square foot building and associated parking/driving areas and stormwater control measures, it is necessary to impact
0.071 acres of wetland. To facilitate development of the site, clearing and grading the site is necessary. Graders,
haulers, excavators and other heavy equipment will be used during site construction.
4j.
Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
The site was delineated by Pilot Environmental on November 5, 2019. The site was visited by Mr. Phil Ross with
Orange County on 1.30.21 for a buffer determination.
Ms. Sam Dailey with the USACE issued a PJD for the site
(SAW-2020-02199, PJD Dated 3.30.21).
Name (if known): Michael Brame
5b. If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Pilot Environmental
areas?
Other: ';lick to enter
5c. If the Corps made a jurisdictional determination,
❑X Preliminary ❑ Approved ❑ Emailed Concurrence
what type of determination was made?
❑ Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
SAW — 2020-02199
Page 6 of 21 PCN Form - Version 1.5, September 2020
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
The USACE issued a PJD dated 3.30.21.
5d1. Attach jurisdictional determinations.
Page 7 of 21 PCN Form - Version 1.5, September 2020
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
This is Phase I of the Buckhorn Business Centre. Currently additional phases have not been designed.
Additional phases will be dictated by the market demand for similar facilities. The applicant understands that
impacts will be considered cumulative towards mitigation and permitting thresholds if impacts are necessary
during future phases. At this time, additional stream/wetland impacts are not proposed.
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 other permits are intended to be used at this time.
Page 8 of 21 PCN Form - Version 1.5, September 2020
D. Proposed Impacts Inventory
Impacts Summary
❑x Wetlands
1 a. Where are the impacts associated with your project ❑ Buffers
(check all that apply):
❑ Pond Construction
❑ Streams - tributaries
❑ Open Waters
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
2a1.
2b.
2c.
2d.
2e.
2f.
2g.
Site #
Impact
Impact
Wetland Name
Wetland Type*
Forested
Jurisdiction
Impact Area
Reason/Type
Duration
?*
Type
(ac)
W1
Fill (Incl.
Permanent
Unnamed
Bottomland
Yes
Both
0.059
Riprap)
Hardwood
Forest
W2
Fill (Incl.
Permanent
Unnamed
Bottomland
Yes
Both
0.012
Riprap)
Hardwood
Forest
W3
Choose one
Temp/
Click to enter
Choose one
Y/N
Choose one
Click to
Perm
enter
W4
Choose one
Temp/
Click to enter
Choose one
Y/N
Choose one
Click to
Perm
enter
W5
Choose one
Temp/
Click to enter
Choose one
Y/N
Choose one
Click to
Perm
enter
W6
Choose one
Temp/
Click to enter
Choose one
Y/N
Choose one
Click to
Perm
enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
0.071 ac
2g3. Total wetland impacts
0.071 ac
2h. Comments:
In order to develop the site as proposed, it is necessary to permanently fill 0.071 acres of wetland. The wetland
impacts are from fill and graded slopes in order for the site to accommodate the proposed development. Mitigation
should not be required and is not proposed.
Page 9 of 21 PCN Form - Version 1.5, September 2020
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 #
3a.
Impact Reason/
Type
3b.
Impact
Duration
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
S1
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S2
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S3
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch impact:
Click to enter. linear ft
3i2. Total permanent stream impacts:
Click to enter. linear ft
36. Total temporary stream impacts:
Click to enter. linear ft
3i4. Total stream and ditch impacts:
Click to enter. linear ft
3j. Comments:
Stream impacts are not proposed.
Page 10 of 21 PCN Form - Version 1.5, September 2020
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.
4b.
4c.
4d.
4e.
4e1.
4f.
Site #
Impact Reason/
Impact
Waterbody Name
Waterbody
Jurisdiction
Impact area (ac)'
Type
Duration
Type*
Type
01
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
02
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
03
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
04
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. 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 tL
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.
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:
Pond or lake construction is not proposed.
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:
Click to enter.
Page 11 of 21 PCN Form - Version 1.5, September 2020
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
❑x Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
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)
B1
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.
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
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.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
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.
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 are not proposed.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 12 of 21 PCN Form - Version 1.5, September 2020
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
The applicant has designed the proposed development to avoid impacts to other streams and wetlands. A retention
wall has been designed to minimize the impacts to the wetland. The remaining roads, lots and utilities associated with
Phase I have been designed to avoid additional impacts to jurisdictional areas. The streams and buffers on the site
have been avoided through design. The remaining 3.448 acres of wetland have been avoided.
The applicant has sized the building down to the extent practicable to avoid a much larger impact to streams and
wetalnds. Ideally, the applicant would have liked to construct two 330,000 square foot buildings in Phase 1. However,
in order to avoid the stream and majority of the wetlands, the building was redesigned, resized and reoriented.
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 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? ❑ DWR ❑ Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? (check all that apply) ❑ 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
NC 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
4d. Buffer mitigation requested (DWR only):
Click to enter. square feet
Page 13 of 21 PCN Form - Version 1.5, September 2020
4e. Riparian wetland mitigation requested:
Click to enter. 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 the amount of mitigation proposed.
Mick to CI ILCI
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 ❑x 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 (square
Multiplier
Required mitigation
feet)
(square feet)
Zone 1
_,iiur, LU Miter.
Click Lo entel .
:,hoose one
:.lick to cI ILCI .
Zone 2
;lick to enter.
Click to enter.
:,hoose 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 mitigation is not required or proposed.
Page 14 of 21 PCN Form - Version 1.5, September 2020
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 forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑x 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?
El Yes ❑x 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%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c. IS the project over an acre?
❑x Yes ❑ No
2d. Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
❑x Yes ❑ No
approved local government stormwater program?
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.
2e. 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.
Page 15 of 21 PCN Form - Version 1.5, September 2020
❑x Phase II
❑ USMP
Local Government Stormwater Programs
❑x NSW
❑x Water Supply
Please identify which local government stormwater program you are using.
Mebane
❑ Phase II
❑ HQW or ORW
State Stormwater Programs
❑ Coastal Counties
❑ Other
Comments:
The impervious surfaces are greater than 24%.
A SWMP was required under the high
density provisions and will
be reviewed and approved by Mebane.
Page 16 of 21 PCN Form - Version 1.5, September 2020
G. Supplementary Information
1. Environmental Documentation
1 a. 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
❑ Yes ❑ No
requirements of the National or State (North Carolina) Environmental
Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
A NEPA or SEPA is not required.
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),
DR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ❑x No
W
(15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click 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:
Additional impacts are not proposed at this time.
3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdo in accordance with the most recent
DWR policy.
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.
Sewage will be discharged into existing sewer lines that crosses the site. Additional impacts associated with sewage
disposal are not proposed.
Page 17 of 21 PCN Form - Version 1.5, September 2020
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected
® Yes ❑ No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ Ifws.govl)
5b. Have you checked with the USFWS concerning Endangered Species
❑ Yes ❑x No
Act impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Choose one
5d. Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e. Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f. Will you cut any trees in order to conduct the work in waters of the
U.S.?
®Yes ElNo
5g. Does this project involve bridge maintenance or removal? *
❑ Yes ❑x No
Link to NLEB SLOPES document: http://saw-reg.usace. army. mil/NLEB/1-30-17-signed NLEB-
SLOPES&apps.pdf
5h. Does this project involve the construction/ installation of a wind
turbine(s)?
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo
5i. Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x 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 .pdo
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
5 listed species are identified on the IPaC report (attached). Neuses River Waterdog, Cape Fear Shiner, Carolina
Madtom, Atlantic Pigtoe and Dwarf Wedgemussel are listed as federally protected species. Stream impacts are not
proposed. Stream buffer impacts are not proposed. Suitable habitat for these species is not being impacted by the
proposed project.
The IPaC report also lists Monarch Butterfly as a candidate species. Provisions of Section 7 of the ESA do not
currently apply to candidate species.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
El Yes ❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes ❑x No El Unknown
Page 18 of 21 PCN Form - Version 1.5, September 2020
Will this project affect submerged aquatic vegetation?
❑ Yes ❑x No ❑ Unknown
Explain: Click to enter.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
Essential Fish Habitat Mapper— NOAA Fisheries
Page 19 of 21 PCN Form - Version 1.5, September 2020
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
hftp://qis.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 were not identified on the site or within 2,000 feet
of the site. 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.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
i] Yes ❑x No
8b. If yes, explain how the project meets FEMA requirements.
Click to enter.
8c. What source(s) did you use to make the floodplain determination?
National Flood Hazard Layer froom FEMA Web Map Service — FEMA Map Panel 3710983400J (eff. 2/2/2007) —
Drawing 4 (Attached)
Page 20 of 21 PCN Form - Version 1.5, September 2020
H. Miscellaneous
Comments:
Please let Pilot know if you need additional information in order to issue the PCN.
Attach pertinent documentation or attachments not previously requested
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: Michael T. Brame
Michael „W
Signature: Bramemzo�b=�-0,aa °
10/22/2021
Page 21 of 21 PCN Form - Version 1.5, September 2020
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02199 County: ORANGE U.S.G.S. Quad: NC — EFLAND
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Pilot Environmental, Inc.
Mr. Spencer Burnett
Address: Post Office Box 128
Kernersville, North Carolina 27285
Size (acres) — 121
Nearest Waterway McGowan Creek
USGS HUC 03030002
Nearest Town Mebane
River Basin Cape Fear
Coordinates Latitude:36.076008
Longitude:-79.23217
Location description: The Buckhorn Road project area is identified as an approximate 121-acre tract of land, located
on multiple Orange County, North Carolina Parcels. These parcels are located northwest of the intersection of
Buckhorn Road and W. Ten Road, in Mebane, Orange County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC §
403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to
be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the
permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the
permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not
an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
However, you may request an approved JD, which is an appealable action, by contacting the Corps district for
further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2
SAW-2019-02199
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha
Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Dailevnusace.armv.mil.
C. Basis For Determination: Refer to the enclosed Preliminary JD Form dated March 30, 2021,
and the enclosed Drawing 5. Wetland Map dated 11.8.2019 for a detailed summary of the
project area.
D. Remarks:
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 for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
SAW-2019-02199
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: �a4.� ��
Date: March 30, 2021 Expiration Date: N/A
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smEu.usace.army.mil/cm_Uex/Vp=136*0.
SAW-2019-02199
PWNOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Re uestor: Pilot Environmental, Inc.
File Number: SAW-2019-02199
Date: March 30, 2021
Attached
is:
See Section below
INITIAL PROFFERED PERMIT IStandard Permit or Letter of permission,
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
SAW-2019-02199
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. PHILIP A. SHANNIN
Raleigh Regulatory Field Office
ADMINISTRATIVE APPEAL REVIEW OFFICER
Attn: Samantha Dailey
CESAD-PDS-O
3331 Heritage Trade Drive, Suite 105
60 FORSYTH STREET SOUTHWEST, FLOOR M9
Wake Forest, North Carolina 27587
ATLANTA, GEORGIA 30303-8803
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site 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: Samantha Dailey, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
March 30, 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Requestor: Pilot Environmental, Inc.
Mr. Spencer Burnett
Address: Post Office Box 128
Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Buckhorn Property, Mebane, Orange County,
SAW-2019-02199
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The Buckhorn Road project area is identified
as an approximate 121-acre tract of land, located on multiple Orange County, North Carolina Parcels. These parcels are
located northwest of the intersection of Buckhorn Road and W. Ten Road, in Mebane, Orange County, North Carolina.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Orange City: Mebane
Center coordinates of site (lat/long in degree decimal format): Lat. 36.076008°N, Long.-79.23217' W.
Universal Transverse Mercator:
Name of nearest water body: McGowan Creek (Cape Fear 03030002)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
® Office (Desk) Determination. Date: March 30, 2021
❑ Field Determination. Date(s):
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 fmds
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 preliminary JD (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: Pilot Environmental, Inc. submitted a
Jurisdictional Determination Request on November 13, 2019, with revisions received on January 31, 2020.
® 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.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:241c, NC -Mebane
® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: January 2020.
® National wetlands inventory map(s). Cite name: SAW Regulatory Viewer: January 2020
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): .
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
'17)a 1, �Z�
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
i 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.
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site Number
Latitude (°N)
Latitude (°W)
Estimated Amount of
Aquatic Resources in
Review Area
Type of aquatic resource
(i.e. wetland vs. non-
wetland)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e. Section
404 or Section 10/404)
Linear
Feet
Acres
SA
36.075790
-79.232552
4500
N/A
Non -wetland waters
Section 404
SA
(intermittent)
36.073732
-79.227089
375
N/A
Non -wetland waters
Section 404
SB
36.074810
-79.231687
520
N/A
Non -wetland waters
Section 404
Sc
36.074399
-79.229854
55
N/A
Non -wetland waters
Section 404
WAA 2-3
36.077646
-79.240860
N/A
0.005
Wetland
Section 404
WA 1-6
36.077681
-79.237656
N/A
0.085
Wetland
Section 404
WA 7-11
36.077298
-79.237575
N/A
0.018
Wetland
Section 404
WA 12-20
36.076983
-79.237224
N/A
0.185
Wetland
Section 404
WA 21-27
36.076556
-79.236286
N/A
0.090
Wetland
Section 404
WA 28-32
36.076423
-79.234707
N/A
0.018
Wetland
Section 404
WA 33-40
36.075846
-79.233288
N/A
0.043
Wetland
Section 404
WA 41-111
36.074032
-79.228815
N/A
2.290
Wetland
Section 404
WA 112-116
36.075319
-79.231344
N/A
0.063
Wetland
Section 404
WA 117-133
36.075941
-79.231519
N/A
0.144
Wetland
Section 404
WA 134-140
36.076110
-79.233678
N/A
0.341
Wetland
Section 404
WA 141-144
36.076543
-79.234759
N/A
0.058
Wetland
Section 404
WA 145-154
36.076696
-79.235853
N/A
0.173
Wetland
Section 404
WB 1-3
36.074425
-79.231907
N/A
0.011
Wetland
Section 404
i 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.
.25 f
- 4 '
WAA2-3
(o.00sac) wA 145-154 WA 141-144 " - -- - - -
(0.173 ac) (0.058 ac) - - - -
WA 134-140
� ti (0.341 ac)
� �k
WA 117-133WA 1-6 I
(0. 85 ac) y r (4,500 LF)SA (0.144 ac)
DP-2
~ C
WA 7-11 WA 12-20 WA 21-27 y 119
(0.185 ac)
(0.018 ac) (0.090 ac) 1 1 WA 121-116
WA 33-40 1� (0.063 ac)
! WA 28-32 (0.043 ac)
(0.018 ac) dr ' 1
ti
sc 40 it 1
(55 LF) '
� r r
X
+�, } WB SB
Stream depicted on (0.011 ac) (520 LF)
Drawing 2A
Not Present in Field+
k � �
FLAG NUMBERS/INFO
WA 41-111
(2.290 ac) SA
(375 LF)
LEGEND
Site Boundary
Perennial Stream
Intermittent Stream
Wetlands
L _ _ 50' Jordan Lake Buffer
WA 1-5 J Flag Number
WETLAND FLAGS = SA1-5 I Verification Result
STREAM FLAGS =
Stream Flags = Limits Culvert
Wetland Flags = 159
Total Flags = 159
DP-1 O Data Point
I sm . -
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR THE
NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON
11.5.2019.
Drawing 5
Satellite Imagery from ESRI Wetland Map
tP
Buckhorn Road
and Pilot GPS DataApproximate 121-Acre Tract
Scale: 1" = 650'Date: 11.8.19 ,rI►Mebane, Orange County, NC
P1 Pilot Project 5306
Revised: 1.31.2020 ILOT [k4,AokMIkrAI.INt
ID#* 20210739
Version* 1
Regional Office* Raleigh Regional Office - (919) 791-4200
Reviewer List* Rick Trone
Pre -Filing Meeting Request submitted 4/12/2021
.........................................................................................................................................................................................................................................................................................
Contact Name * Heather LaGamba
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
hlagamba@pilotenviro.com
Buckhorn Rd
Multiple
Orange
Street Address
Multiple
Address Line 2
oty
Multiple
Fbstal / Zip Code
Multiple
Is this a transportation project?* r Yes r No
State / Frovince / Pegion
NC
Country
USA
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - r 401 Water Quality Certification -
Regular Express
r Individual Permit r Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
Sue Homewood
Please give a brief project description below and include location information.*
The applicant does not request a meeting. The applicant may submit a
request for 401 WQC.
Please give a couple of dates you are available for a meeting.
Please attach the documentation you would like to have the meeting about.
pdr only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
rlr� 0. trx+ttfrs
Submittal Date 4/12/2021
Reviewer Meeting Request Decision
Is a meeting required or is there more info needed?*
C Yes (-- No
fi ntire infountion is needed, please add corrrrents for the email notification below.
DocuSign Envelope ID: 9CO2C9C9-BB19-4FD8-930D-F9880D344BAE
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: 6346 Rabbit Run Lane
Mebane, NC 27302
Owner Information:
Name: Elizabeth C. Bowman
Address: 6346 Rabbit Run Lane
Mebane, NC 27302
Telephone Number:
Fax Number:
E-mail Address: y t Z2�� �rl _�J� w m a n rG,��n�.
DocuSigned by:
Signature i Date: 10/1/2021 1 3:09 PM PDT
AC894AB096D9464...
Orange County
This mapcontains parcels preparedfor the inventory of real property within Orange County, and is compiled from
recorded deed, plats, and other public records and data. Users of this map are hereby notifedthat the aforementioned
public primary information sources should be consulted for verificatio n of the information contained on this map. The
county and its mapping companies assume no legal responsibility forthe information onthis map.
PIN:
9834261132
OWNER 1:
BOWMAN ELIZABETH C
OWNER 2:
ADDRESS 1:
6334 RABBITT RUN LN
ADDRESS 2:
CITY:
MEBANE
STATE, ZIP:
NC 27302
LEGAL DESC:
W/O 1114
SIZE: 28.85 A
DEED REF:
RATECODE: 03
DATE SOLD: 01/19/2013
BLDG SQ FT: 2664
YEAR BUILT: 1958
BUILDING COUNT:
LAND VALUE:
BLDG VALUE:
USE VALUE:
TOTAL VALUE:
October 23, 2019
2
$121,300
$125,000
$246, 300
1:3,600
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
Environmental Services Proposal
Pilot Proposal 5306.3
September 22, 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: 6346 Rabbit Run Lane
Mebane, NC 27302
Al Neyer, LLC
Owner Information:
Address: 4509 Creedmoor Road
Suite 201
Raleigh, NC 27612
919-624-3290
Telephone Number:
Fax Number:
wbone@neyer.com
Address: bone@neyer.com
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.
Justin Parker, VP Real Estate
Print Name
Capacity: _Owner x Authorized Agent
10-22-21
Date
Signature
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L f .� i.,f,..�a'"t•' LEGEND
f S S
l .w Site Boundary
Drawing 1 USGS Topographic Map
USGS Topographic Map { ,,.f,. ,r , : Buckhorn Road
Mebane and Efland, r :'mot'= - Approximate 121-Acre Tract
NC Quadrangles = Mebane, Orange County, NC
Scale: 1" = 2,000' P! Pilot Project 5306
PILOT LAY k O 4 M i N 1 A L. o N C
-
t-
t..
_ -- -� -
I r
f
1
wi
kt �
dA-
p,O"iM pipam= �• —
#� 4° 1
I L
Mr
LEGEND
r Site Boundary
Drawing 2 Web Soil Map
ft -1Buckhorn Road
USDA Web Soil Survey
Approximate 121-Acre Tract
of Orange County, NC ✓" _,
Mebane, Orange County, NC
Scale: 1" = 750' PIT '"' Pilot Project 5306
PILOT E N V - R O M M E N C A L. 1 N C
ii�s H►f3
GhC
VISA
r
A He$
Ghc 3,
GeR
C�tFt
Cse$..
w
�I r
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ir$..� -�i :: -
G L, � � ftTfS
yet {.� b GOD
tIrc 4
+q
GeB�+
Hr8
VIC
Nr LEGEND
v
Site Boundary
Drawing 2A Published Soil Map
USDA Soil Survey y.t - ;,' y Buckhorn Road
t;. ,
Of Orange County, NC _ _, ��' .,� , Approximate 121-Acre Tract
Published 1977, Sheet 13 = l J �', Mebane, Orange County, NC
Not To Scale P1 Pilot Project 5306
P I L 0 T L A Y k 0 4 M i N 1 A L. 0 N C
N
*46d
J4
LEGEND
Site Boundary
ti ,A- Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Tiiiiiiiiiii Rivenne
r JEW Other
Drawing 3 NWI Map
USFWS NWI
Buckhorn Road
Approximate 121-Acre Tract
Wetlands Mapper cMebane, Orange County, NC
Scale: 1" = 750' PILOP1 Pilot Project 5306
T 6%V- ROMIMAINTAL. 1IYC
-
f J
�JiA
'o
a
' r
_ •+ f ' i 4 —
F41
��•
1 W
' LEGEND
'l- f E6 Site Boundary
M 19GAnnual Chance Flood Hazard
•Y egulatory Floodway
+E Spedal Floodvay
Area of Undetermined Flood Hazard
0.29(.Annual Chance Flood Hazard
It's VFuture Conditions 1V¢Annual Chance Flood Hazard
y :..
► Area with Reduced Risk Due to Levee
Drawing 4 FEMA FIRM
National Flood Hazard Layer f_ Buckhorn Road
•> t ' :' {, ,;
From FEMA Web Map Service _- ✓ '.`' .. Approximate 121-Acre Tract
�
Scale: 1" - 750' �, Mebane, Orange County, NC
Pilot Project 5306
PILOT L NV IKO N M i N T A L. o N C
�Y ■
WAA2-3
(0.005 ac)
v WA 145-154 WA 141-144--
(0.173 ac) (0.058 ac) - - -
— — — — — — / - I WA 134-140 ■ . r'L �r�f
WA 117-133WA 1-6 SA
(0.085 ac) l 1500 LF) (0.144 ac) SC �I,► *` �'
~ (55 LF) 1
WA 7-11 WA 12-20 WA 21-27 ` P-1
(0.018 ac) (0.185 ac) (0.090 ac) • WA 121-116
WA 33-40 (0.063 ac)
4 �(o
A 28-32 (0.043 ac) 1
WB SB
(0.011 ac) (520 LF)
0..
W • -jr,
FLAG NUMBERS/INFO
WA 41-111
(2.290 ac) SA
(375 LF)
LEGEND
Site Boundary
r-- I Perennial Stream
Intermittent Stream
Wetlands
r _ _ 50' Jordan Lake Buffer
WA 1-5 J Flag Number
WETLAND FLAGS = SA 1-5 1 Verification Result
STREAM FLAGS =
Stream Flags = Limits Culvert
Wetland Flags = 159
Total Flags = 159 DP-1 O Data Point
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. SAMANTHA DAILEY WITH USACE AND MR. PHIL ROSS WITH
ORANGE COUNTY. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISDICTIONAL FEATURES. DELINEATION CONDUCTED BY PILOT
PERSONNEL ON 11.5.2019.
Drawing 5 Wetland Map
Satellite Imagery from ESRI !, y{ ;,' f
Buckhorn Road
s -
and Pilot GPS Data
:f� , x Approximate 121-Acre Tract
Scale: 1" = 650' _ " Mebane, Orange County, NC
Date: 2.6.2020 P1 Pilot Project 5306
P I L O T E N V - R O M M E N C A L. 1 N C
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-0136
Event Code: 04EN2000-2022-E-00293
Project Name: Buckhorn Road
October 22, 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
10/22/2021 Event Code: 04EN2000-2022-E-00293 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.
10/22/2021 Event Code: 04EN2000-2022-E-00293
Attachment(s):
• Official Species List
10/22/2021 Event Code: 04EN2000-2022-E-00293
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
10/22/2021 Event Code: 04EN2000-2022-E-00293 2
Project Summary
Consultation Code: 04EN2000-2022-SLI-0136
Event Code: Some(04EN2000-2022-E-00293)
Project Name: Buckhorn Road
Project Type: DEVELOPMENT
Project Description: The site is an approximate 121-acre tract that is proposed for light
industrial development.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(c►)36.075265900000005,-79.23077579301065,14z
r
x
s
k
3
xa
Counties: Orange County, North Carolina
10/22/2021 Event Code: 04EN2000-2022-E-00293 3
Endangered Species Act Species
There is a total of 6 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.
Amphibians
NAME
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6063
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/528
10/22/2021 Event Code: 04EN2000-2022-E-00293
4
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
STATUS
Proposed
Threatened
Endangered
STATUS
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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