20220226 Ver 1_401 Application_20220208

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20220226
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Mitchell Anderson:eads\mlanderson
Select Reviewing Office: * Asheville Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Heather LaGamba
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: 251 Praley Street
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Burke
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
7236.4_251 Praley Street NW_PCN_2.7.2022.pdf 11.94MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
PCN for 401 WQC
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
0. 16�11-11 ,
Submittal Date: Is filled in automatically.

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- 2022- Begin Date (Date Received): 2.7.2022
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Tron's Place Apartments
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
The site contains wooded land. The site is proposed for development with apartments.
4. Property Owner / Applicant [PCN Form A3 or A4]: Tron's Place, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Michael Brame/Pilot Environmental, Inc.
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
251 Prale Street NW
35.7466900/-81.5645420
8. Project Location —Tax Parcel ID [PCN Form Bla]: 2733961530
9. Project Location — County [PCN Form A2b]: Burke
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Valdese
11. Project Information —Nearest Waterbody [PCN Form 132a]: McGalliard Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050101
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 9
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

SYA T;
�:=�,. _.
a �'
;3 y
�7-
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. [Click to enter.] Date received: 2/7/2022
DWR project no. [Click enter.] Date received: 2/8/2022
Site Coordinates:
Latitude (DD.DDDDDD): 35.746640'
Longitude (DD.DDDDDD): 81.564583'
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) *: Click or tap to enter a date.
DWR ID # Click to enter. Version 1 (If applicable)
A. Processing Information
County (counties) where project is located:
Burke 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 29
RGP number(s):
Click to enter.
1 d. 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
1 g. 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?
Mark Morgan
1 b.
Primary Contact Email:
[e-mail]
1 c.
Primary Contact Phone: (###)###-####
[phone]
1 d.
Who is applying for the permit/certification? (check
all that apply)
❑ Owner ❑x 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:
John Ray Stroup
2b.
Deed Book and Page No.:
000271/00647
2c.
Responsible Party (for corporations):
Click to enter.
2d.
Address
Street Address:
111 Brookwood Church Road
Address line 2:
-;licktu IVI RIM.
City:
Morganton
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28655
Country:
U.S.
2e.
Telephone Number: * (###)###-####
Click to enter.
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address: *
Click to enter.
3.
Applicant Information (if different from owner)
3a.
Name:
Mark Morgan
3b.
Business Name (if applicable):
Tron's Place, LLC
3c.
Address:
Street Address:
P.O. Box 16038
Address line 2:
Clicktu UlILM.
City:
High Point
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
27261
Country
U.S.
3d.
Telephone Number: (###)###-####
[phone]
3e
Fax Number: (###)###-####
UICK io enter.
Page 3 of 21 PCN Form - Version 1.5, September 2020

3f. Email Address: [e-mail]
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: (###)###-####
[phone]
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
[e-mail]
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
1 a. Name of project:
Tron's Place Apartments
1 b. Subdivision name (if appropriate):
Click to enter.
1 c. Nearest municipality/town: *
Valdese, NC
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
2733961530
2b.
Property size (in acres):
9.22
2c.
Project Address:
Street Address:
251 Praley Street NW
Address line 2:
Click to enter
City:
Valdese
State/ Province/ Region:
NC
Postal/ Zip Code:
28690
Country:
U.S.
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): 35.746640'
Longitude (-DD.DDDDDD):-81.564583'
3. Surface Waters
3a. Name of nearest body of water to proposed project:
McGalliard Creek
3b. Water Resources Classification of nearest receiving
WS IV; CA
water:
The Surface Water Classification map may be found at this link:
https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265
Catawba
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
030501010801
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:
The site contains wooded land. The site is located in a mixed residential/commercial area of Valdese.
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
[Click to enter.]
Action ID (ex. SAW-0000-00000):
IClick 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
0.55 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
753 linear feet
and perennial) on the property:
4g1.
List the total estimated acreage of all existing open waters on the
0.116 acres
property:
4h.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a 60 unit apartment complex and associated parking.
4i.
Describe the overall project in detail, including the type of equipment to be used:
The overall project includes the construction of a three-story 60 unit apartment building and associated parking and
landscaped areas. In order to facilitate the proposed development, it is necessary to fill in the upper reach of a stream
that crosses the site. To facilitate the development of the site, clearing and grading the site is necessary. Graders,
haulers, excavators and other heavy equipment will be used during grading and construction of the site.
4j.
Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
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 October 12, 2021 (Pilot Project 7236.1, report dated October 15,
2021).
Name (if known): Michael Brame
5b.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Pilot Environmental
areas?
Other: Click to enter
5c.
If the Corps made a jurisdictional determination,
❑ Preliminary ❑ Approved ❑ Emailed Concurrence
what type of determination was made?
❑x Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
Click to enter
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
Click to enter.
Page 6 of 21 PCN Form - Version 1.5, September 2020

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 ❑x No
6b. If yes, explain.
'lick to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No other permits are intended to be used.
Page 8 of 21 PCN Form - Version 1.5, September 2020

D. Proposed Impacts Inventory
Impacts Summary
1 a. Where are the impacts associated with your project
(check all that apply):
❑ Wetlands
❑ Buffers
❑ Pond Construction
❑x 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
Choose one
Temp/
Click to enter
Choose one
Choose one
Click to
Perm
enter
W2
Choose one
Temp/
Click to enter
Choose one
Choose one
Click to
Perm
enter
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
Click to enter. ac
2g3. Total wetland impacts
Click to enter. ac
2h. Comments:
Wetland impacts have been avoided.
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
Fill (Incl. Riprap)
Permanent
Unnamed
Perennial
Both
2.50
219
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:
219 linear ft
36. Total temporary stream impacts:
Click to enter. linear ft
3i4. Total stream and ditch impacts:
219 linear ft
3j. Comments:
In order to bring the site up to grade and provide necessary parking it is necessary to impact 219 linear feet
(0.013 acres) of stream channel. It is below the mitigation threshold. Therefore, mitigation should not be required
and is 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 ❑x Catawba
❑ 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:
State riparian buffer regulations do not apply.
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. The initial
designs had much larger impacts to streams and wetlands. The project was redesigned based on the results of the
delineation to minimize the proposed impacts. The applicant designed the site to have a three-story building. The
amount of parking spots per unit has been scaled back to avoid additional impacts which required special approval
from the local planning department. Standard zoning for the proposed development is 2 parking spaces per unit.
Recent planning and zoning reduced it down to 1.5 spaces per unit. Parking has been further reduced to 1 parking
space per unit and 4 extra handicap spaces to total 64 parking spaces per a Conditional Use Permit (Attached). The
slopes associated with the site development and stream impacts have been designed at a 2:1 to avoid additional
impacts to jurisdictional features. The pond, wetlands and remaining 534 feet of stream have been avoided.
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:
Mitigation is not required and is not proposed.
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:
Mitigation is not required and is not proposed.
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 ❑x 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)
❑ 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)?
❑x Yes ❑ 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

Local Government Stormwater Programs
❑x Phase II ❑ USMP
❑ NSW ❑ Water Supply
Please identify which local government stormwater program you are using.
The stormwater plan is being reviewed and will be approved by the Western Piedmont Council of
Governments Stormwater Program. The site "built upon" area is 14.8% under the proposed site plan.
The applicant is required to treat stormwater quantity on the site. A scour pool has been designed at
the stormwater discharge pipe to diffuse stormwater before it is discharged into the stream buffer to
satisfy stormwater requirements.
State Stormwater Programs
❑ Phase II ❑ HQW or ORW
❑ Coastal Counties ❑ Other
Comments:
Click to enter.
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 ❑ No
funds or the use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
❑ Yes ❑x No
Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
Thre project has Federal debt through the HOME Program. A HUD Part 58 EA has been completed on the site.
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 development as a result of the proposed development is not anticipated.
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 disposed of into existing sewer lines. Additional impacts associated with sewage disposal are not
anticipated or 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: hftps://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.
:,hoose 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
Page 18 of 21 PCN Form - Version 1.5, September 2020

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
9 listed species are identified on the IPaC report (attached). Gray bat, Northern long-eared bat, bog turtle (similarity of
appearance), monarch butterfly (candidate), dwarf -flowered heartleaf, hellers blazing star, small whorled pogonia,
white irisette and rock knome lichen are listed as federally protected species.
Gray bat hibernacula was not observed at the site. Wooded areas could provide roosting habitat. However, similar
wooded areas are located on surrounding properties. Therefore, tree removal on the site should not adversely impact
roosting habitat for the gray bat.
Wooded areas on the site could afford suitable summer roosting habitat for northern long-eared bats. Similar habitat
was observed on nearby properties. Based on a review of the June_1_2016_NLEB—HUC12 NLEB shapefiles obtained
from the Raleigh Ecological Services Field Office website, the 12 digit HUC with the nearest confirmed hibernation
and/or maternity sites is located more than 20 miles from the site. Therefore, tree clearing outside of the pup season
(June 1 to July 31) is not likely to adversely affect the NLEB. If tree clearing activities cannot be conducted outside of
the pup season, then the applicant will rely on the final 4(d) rule and any take will be considered exempt from the ESA.
Suitable habitat for monarch butterfly was not observed on the site.
Suitable habitat for dwarf -flowered heartleaf is present on the site. Pilot conducted a survey for this species within the
development limits, including proposed area of impact. We did not observe this species within the area of the site
proposed for development.
Suitable habitat for hellers blazing star, small whorled pogonia, white irisette and rock knome were not observed on the
site.
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
Will this project affect submerged aquatic vegetation?
❑ Yes
❑x No ❑ Unknown
Explain:'lick
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. A "survey only"
property is located on adjacent property south of the site. An historic school is located approximately 300 feet
southwest of the site. A historic weaving company is located approximately 450 feet south of the site. The historic
properties are separated from the site by a public road and commercial businesses. 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 — Drawing 4 (Attached)
Page 20 of 21 PCN Form - Version 1.5, September 2020

H. Miscellaneous
Comments:
In order to develop the site with an apartment complex and associated parking, the site must be brought up to
grade and it is necessary to impact a stream. The client needs a NWP 29 and a 401 WQC in order to develop
the proposed project. Please let us know if you need additional information in order to issue the NWP and 401
WQC. Thank -you.
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
Digital ly signed by Michael Brame
N: Dcn=Michael Brame, o=Pllot
Signature: Michael Brame Envlronmental,Inc.,ou,
=[e-mail], c=US
/� /� /�
Date: 2022.02.07 17:32:51-05'00'
2/�J/ /2022
Page 21 of 21 PCN Form - Version 1.5, September 2020

Environmental Services Proposal
Pilot Proposal 7236.1
September 27, 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:
Owner Information:
Address:
Telephone Number:
Fax Number:
E-mail Address:
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.
Print Name
Capacity: _ Owner _ uthorized Agent
Dater 1
Signature
5

0 237.5 475
' Feet ' Burke County, N (-I,,
1 inch = 335 feet
1:4, 017
Owner: STROUP, JOHN RAY
111 BROOKWOOD CHURCH ROAD
MORGANTON, NC 28655
Property 251 PRALEY ST NW
Address: VALDESE 28690
PROPERTY_DESC
PIN: 2733961530
PIN EXT: 000
REI D: 7831
Property Value: $64,356
Acreage: 9.22
Deed Book: 000271
Deed Page: 00647
Deed Date: 9/1/1965 1:00:OOAM
September 10, 2021
Disclaimer. The information contained on this
page is taken from aerial mapping, tax mapping,
and public records and is NOT to be construed
or used as a surveyor legal description'.
Only a licensed professional land surveyorcan
legally determine precise locations, elevations,
length and direction of a line, and areas.

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Drawing 1 USGS Topographic Map
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Valdese and Drexel, -- Approximate 9.22-Acre Tract
NC Quadrangles F.111.07 Valdese, Burke County, NC
Scale: 1"=2,000' P"°` ENVIR0NMENTAL.INC Pilot Project7236.1

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Scale: 1" - 500' Valdese, Burke County, NC
PILOT ENVIR0NMEN7AL.INC Pilot Project7236.1

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of Burke County, NC Approximate 9.22-Acre Tract
Published 2006, Sheets 7 & 13 PIL131Valdese, Burke County, NC
Not to Scale PLOT ENVIR0NMEN7AL.INC Pilot Project7236.1

Drawing 3
USFWS NWI
Wetlands Mapper
Scale: 1" = 500'
NWI Map
Praley Street NW
Approximate 9.22-Acre Tract
Valdese, Burke County, NC
Pilot Project 7236.1

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196.Annual Chance Flood Hazard
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4 Area of Undetermined Flood Hazard
i0.2'Annual Chance Flood Hazard
Future Conditions 1'/¢Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
0 FEMA FIRM
Praley Street NW
- _ w Approximate 9.22-Acre Tract
PILO "" Valdese, Burke County, NC
PILOT ENVIR0NMEN7AL•INL Pilot Project7236.1

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Flag Number
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THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY HAVE NOT BEEN VERIFIED BY
THE USACE AND/ORTHE NCDEQ-DWR. THEY HAVE NOT BEEN SURVEYED..
Drawing 5Wetland Map
Satellite Imagery from ESRI A _A Praley Street NW
and Pilot GPS Data - J Approximate 9.22-Acre Tract
Scale: 1" = 150' PLOT � Valdese, Burke County, NC
Date:10.13.21 PILOT ENVIPONMENTAL,INC Pilot Project7236.1

U.S. Army Corps of Engineers Requirement Con&W Symbol
WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region EXEMPT
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority AR 335- f5,paragraph 5-2a)
Project/Site: Praley Street NW City/County: Valdese/Burke Sampling Date: 10.12.21
Applicant/Owner: State: NC Sampling Point: DP-1
Investigator(s): Pilot Environmental Section, Township, Range: Valdese
Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.74664 Long:-81.56432 Datum: WGS 84
Soil Map Unit Name: Meadowfield-Rhodhiss complex NWI classification: n/a
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
X Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
X Drainage Patterns (1310)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) _
Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) _
Recent Iron Reduction in Tilled Soils (C6)
X Crayfish Burrows (C8)
_ Drift Deposits (133) —Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
—Algal Mat or Crust (134) _
Other (Explain in Remarks)
—Stunted or Stressed Plants (D1)
_ Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
X Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 2
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland
Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116A-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-1
Absolute
Uominant
Tree Stratum (Plot size: 30 )
% Cover
Species?
1. Acerrubrum
50
Yes
2.
3.
4.
5.
6.
7.
50
=Total Cover
50% of total cover:
25 20% of total cover:
Sapling/Shrub Stratum (Plot size: 15
)
1. //ex opaca
15
Yes
2. Vacc/n/um co)ymbosum
10
Yes
3. L/gusfrum s/nense
10
Yes
4.
5.
6.
7.
8.
9.
35
=Total Cover
50% of total cover:
18 20% of total cover:
idicator
Status
Dominance Test worksheet:
FAC
Number of Dominant Species
That Are OBL, FACW, or FAC: 4 (A)
Total Number of Dominant
Species Across All Strata: 6 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 66.7% (A/B)
Prevalence Index worksheet:
im
FACU
FACW
FACU
7
Herb Stratum (Plot size: 5 )
1. M/crosfeg/um u/m/neum 30 Yes FAC
2. Woodward/a areo/afa 10 Yes FACW
3.
4.
5.
6.
7.
8.
9.
10.
is
50% of total cover: 20
Woody Vine Stratum (Plot size: 30 )
1.
2.
3.
4.
5.
40 =Total Cover
20% of total cover: 8
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Total % Cover of:
Multiply by:
OBL species 0
x 1
= 0
FACW species 20
x 2
= 40
FAC species 80
x 3
= 240
FACU species 25
x 4
= 100
UPL species 0
x 5
= 0
Column Totals: 125
(A)
380 (B)
Prevalence Index
= B/A =
3.04
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.01
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree- Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine -All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 61164-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: DP-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type LOC2 Texture Remarks
0-18 2.5Y 4/1 90 10YR 4/4 10 C M Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric 801ls3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
—Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (A16)
_ Black Histic (A3)
_ Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
_ Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
_ Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
—Thick Dark Surface (Al 2)
_ Redox Depressions (F8)
—Very Shallow Dark Surface (F22)
—Sandy Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N,
_ Other (Explain in Remarks)
Sandy Gleyed Matrix (S4)
MLRA 136)
_
_ Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
_ Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
ENG FORM 61164-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

U.S. Army Corps of Engineers Requirement Con&W Symbol
WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region EXEMPT
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority AR 335- f5,paragraph 5-2a)
Project/Site: Praley Street NW City/County: Valdese/Burke Sampling Date: 10.12.21
Applicant/Owner: State: NC Sampling Point: DP-2
Investigator(s): Pilot Environmental Section, Township, Range: Valdese
Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.74663 Long:-81.56448 Datum: WGS 84
Soil Map Unit Name: Meadowfield-Rhodhiss complex NWI classification: n/a
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_ Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
_ Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) _
Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) _
Recent Iron Reduction in Tilled Soils (C6)
—Crayfish Burrows (C8)
_ Drift Deposits (133) —Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
—Algal Mat or Crust (134) _
Other (Explain in Remarks)
—Stunted or Stressed Plants (D1)
_ Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland
Hydrology Present? Yes No X
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116A-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-2
Absolute
Uominant
Tree Stratum (Plot size: 30 )
% Cover
Species?
1. Oxydendrum arboreum
20
Yes
2. Quercus a/ba
20
Yes
3. P/nus u/rglmana
20
Yes
4.
5.
6.
7.
60
=Total Cover
50% of total cover:
30 20% of total cover:
Sapling/Shrub Stratum (Plot size: 15
)
1. //ex opaca
10
Yes
2. Comus §orida
10
Yes
3. Quercus a/ba
10
Yes
4.
5.
6.
7.
8.
9.
30
=Total Cover
50% of total cover:
15 20% of total cover:
Herb Stratum (Plot size: 5
1. U/f/s rofundifo/ia
2.
3.
4.
5.
6.
7.
8.
9.
10.
is
50% of total cover: 3
Woody Vine Stratum (Plot size: 30 )
1. U/f/s rofundifo/ia
2.
3.
4.
5.
idicator
Status
Dominance Test worksheet:
UPL
Number of Dominant Species
FACU
That Are OBL, FACW, or FAC:
2 (A)
UPL
Total Number of Dominant
Species Across All Strata:
8 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
25.0% (A/B)
Prevalence Index worksheet:
FACU
FACU
FACU
0
5 Yes FAC
5 =Total Cover
20% of total cover: 1
5 Yes FAC
5 =Total Cover
50% of total cover: 3 20% of total cover: 1
Remarks: (Include photo numbers here or on a separate sheet.)
Total % Cover of:
Multiply by:
OBL species 0
x 1
= 0
FACW species 0
x 2
= 0
FAC species 10
x 3
= 30
FACU species 50
x 4
= 200
UPL species 40
x 5
= 200
Column Totals: 100
(A)
430 (B)
Prevalence Index
= B/A =
4.30
_ 1 - Rapid Test for Hydrophytic Vegetation
-2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.01
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree- Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine -All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 61164-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type LOC2 Texture Remarks
0-18 10YR 4/6 100 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric 801ls3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
—Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (A16)
_ Black Histic (A3)
_ Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
_ Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
_ Stratified Layers (A5)
_ Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
—Thick Dark Surface (Al 2)
_ Redox Depressions (F8)
—Very Shallow Dark Surface (F22)
—Sandy Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N,
_ Other (Explain in Remarks)
Sandy Gleyed Matrix (S4)
MLRA 136)
_
_ Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
_ Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
ENG FORM 61164-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2022-SLI-0309
Event Code: 04EN1000-2022-E-00794
Project Name: Tron's Place Apartments
January 17, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" — species that
could potentially be placed on the federal list of threatened and endangered species in the future.
Also available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.

01/17/2022 Event Code: 04EN1000-2022-E-00794
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists 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 or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) 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 or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of
the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should
follow the wind energy guidelines (http://www.fws.gov/windenerg_y/) for minimizing impacts to
migratory birds (including bald and golden eagles) 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; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.

01/17/2022 Event Code: 04EN1000-2022-E-00794 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

01/17/2022 Event Code: 04EN1000-2022-E-00794
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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

01/17/2022
Event Code: 04EN1000-2022-E-00794
Project Summary
Consultation Code: 04EN1000-2022-SLI-0309
Event Code: Some(04EN1000-2022-E-00794)
Project Name: Tron's Place Apartments
Project Type: DEVELOPMENT
Project Description: The site is located in Valdese, Burke County, NC. The site is an
approximate 9.22 acre tract that is proposed for development with
apartments. The site is proposed for development in 2022.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a-)35.746793,-81.56442361618157,14z
I ri
a}
w`
F4ocR
Valdese og
ADM
Counties: Burke County, North Carolina

01/17/2022 Event Code: 04EN1000-2022-E-00794 3
Endangered Species Act Species
There is a total of 9 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.
Mammals
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743

01/17/2022 Event Code: 04EN1000-2022-E-00794 4
Flowering Plants
NAME
STATUS
Dwarf -flowered Heartleaf Hexastylis nani flora
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
Heller's Blazingstar Liatris helleri
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5962
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
White Irisette Sisyrinchium dichotomum
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8097
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/17/2022 Event Code: 04EN1000-2022-E-00794
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT
AREA.
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.

01/17/2022 Event Code: 04EN1000-2022-E-00794
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical

01/17/2022 Event Code: 04EN1000-2022-E-00794 3
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

01/17/2022 Event Code: 04EN1000-2022-E-00794
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD
OFFICE FOR FURTHER INFORMATION.

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TOWN OF VALDESE
CONDITIONAL USE PERMIT GRANTED
PERMIT #2-3-20
DATED: JUNE 1, 2020
BY AND BETWEEN:
TOWN OF VALDESE
P.O. Box 339
Valdese, NC 28690
AND
MC MORGAN & ASSOCIATES, INC.
2408 Lake Oak Ct.
High Point, NC 27265

CONDITIONAL USE PERMIT GRANTED
(MC Morgan & Associates, Inc.)
PERMIT #2-3-20
On the 1st day of June, 2020, the Town Council for the Town of Valdese met and
held a public hearing to consider the following conditional use application.
Applicant: MC Morgan & Associates, Inc.
Property location: The property is a parcel containing 9.22 acres located at 251 Praley
Street NW in Valdese, North Carolina (REID 7831, PIN 2733961530). The property is
currently owned by John Ray Stroupe. The applicant has an option to purchase the
property.
Application No.: 2-3-20 — Conditional Use Permit
The property is located in residential zone (R-12A). The R-12A Residential District
is intended to be a moderately quite, medium -high density residential living area
consisting of single-family, duplexes and multi -family dwellings, along with limited home
occupations and limited private and public community uses.
R-12A Residential is considered to be a "floating" zoning district. This designation
is used to identify parcels within town limits that are conducive for apartments,
condominiums, etc., and yet restrict other residential uses found in the R-8 residential
district. Multi -family buildings are permitted in the R-12A District with a conditional use
permit.
The applicant submitted a conditional use application requesting the approval of a
60-unit elderly/multi-family housing development for persons age 55 years and older. The
applicant plans to construct one 3-story building that will include 31 one -bedroom units
and 29 two -bedroom units. The Planning Board reviewed the application and
recommended to the Town Council that the application be approved without conditions.
A public hearing was held by the Town Council on June 1, 2020, to consider
whether to grant the conditional use permit. Notice of the public hearing was provided in
compliance with the requirements of Section 9-3147 of the Code.
The Town Council, after hearing the evidence and considering arguments presented
at the hearing, made the following findings:
1. That on March 9, 2020, the applicant applied for a Conditional Use Permit to
allow a 60-unit Multi -family development in the R-12A zoning district.
2. The property on which the development is proposed is comprised of a parcel
containing approximately 9.22 acres located at 251 Praley Street NW in
2

Valdese, North Carolina (R,EID 7831, PIN 2733961530). The property is
bordered by Praley Street NW and Faet Street NW.
3. The property is owned by John Ray Stroupe. The applicant has an option to
purchase the property.
4. The Valdese Planning Board reviewed the application on May 21, 2020 and
recommends approval by the Valdese Town Council without conditions.
5. The R,-12A Zoning District allows for a multi -family development as a
conditional use.
6. Schematic plans showing the information required for the R,-12A Zoning
District were presented to the Planning Board and the Town Council. The
proposed development, including the number of and design of parking spaces
and landscaping of the parking area, meets those requirements.
7. The means of ingress and egress to the property would be by way of Praley
Street NW. Praley Street NW is a local residential street maintained by the
Town.
8. A traffic count was conducted by the Town of Valdese Public Works
Department. That count showed an average daily count of 821 vehicles on
Praley Street NW. Peak traffic time identified from the count was 10:00
a.m., with an average daily count of 91 vehicles at that time. Between noon
and 3:00 p.m., the average vehicle count was 90 vehicles.
9. Public Services Director Greg Padgett has reviewed the plans for the
proposed multi -family development, and he has determined that Praley
Street NW has the capacity to accommodate the additional traffic that would
be generated by the proposes 60-unit development.
10. The property located to the north of the development site is vacant and
undeveloped. The property to the south is single-family residential. The
property to the east single family residential and office/institutional (Valdese
First Baptist Church). The property to the west is residential, commercial
(car wash) and office/institutional (Valdese Elementary School).
11. A 6-inch water line and an 8-inch sewer line lie within the street right of way
of Praley Street NW. One master meter is being proposed in lieu of sixty
individual meters.
12. The Town of Valdese has the capacity to provide the water and sewer services
to the development.
3

13. The site is located one block from the center of town and will be visible along
Main Street. The apartments will allow access to local town amenities.
14. The application is for senior housing for persons 55 years old and older.
15. The plan is for the construction of one 3-story building that will include 31
one -bedroom units and 29 two -bedroom units.
16. The project must meet or exceed all zoning requirements of a R-12A district
and Article F Off -Street Parking. Based upon the projection of 60 units, one
parking space for each senior housing unit (minimum of 60) must be made
available. The developer will provide 64 parking spaces. The minimum area
for each parking space will be 9 feet x 18 feet, which is consistent with the
Town's parking requirements.
17. The proposed development is consistent with the Valdese Vision Plan.
18. The proposed use will not adversely affect the health or safety of persons
residing or working in the neighborhood of the proposed use.
19. The proposed use will not be detrimental to the public welfare or injurious to
property or improvements in the neighborhood.
Based upon the foregoing facts found by the Valdese Town Council, MC
Morgan & Associates, Inc.'s application for a Conditional Use Permit to allow
the proposed multi -family building at the above -described property is hereby
approved and subject to the applicable provisions of the Town of Valdese
Zoning Ordinance and the North Carolina State Building Code and subject to
the following conditions:
1. The project shall be developed in accordance with the plans as submitted to
the Town of Valdese.
2. The developer shall comply with all regulations and requirements imposed by
the Valdese Zoning Ordinance and any other applicable federal, state, or local
law, ordinance, or regulations. In the event of a conflict, the more stringent
requirement or higher standard shall apply.
3. If at any time after the conditional use permit has been issued and the Town
Council finds that the conditions imposed and agreements that have been
made have not been or are not being fulfilled by the holder of the permit, the
permit shall be terminated and the operation of such use discontinued.
4

IN WITNESS WHEREOF, the Town of Valdese has caused this Conditional Use
Permit to be issued as of the 1st day of June, 2020.
TOWN OF VALDESE
10
NORTH CAROLINA, BURKE COUNTY
F. Black Jr., Mayor
I, a Notary Public in and for said county and state, do hereby certify that JOHN F. BLACK,
JR. personally appeared before me this day and acknowledged to me that he is the Mayor of the
TOWN OF VALDESE, a North Carolina municipal, and that by the authority duly given and as an
act of the town, has signed the foregoing instrument in its name and on its behalf as its act and
deed for the purposes stated therein and in the capacity indicated.
1-11
This the 1 1 day of June, 2019.
A HOGAN
NOTARY PUBLIC Title: Notary Public
Caldwell County Printed Name: t&Vk h i l o V1
North Carolina
My Commission Expires March 11, 2024 My Commission expires:1?,

ACCEPTANCE AND ACKNOWLEDGMENT
MC MORGAN & ASSOCIATES, INC., applicant, does hereby acknowledge receipt
of this Conditional Use Permit. The undersigned does further acknowledge that no work
may be done pursuant to this permit except in accordance with all of its conditions and
requirements and that this restriction shall be binding on it, the owner of the property and
its successors in interest.
7v6y
This, the 7- day off, 20KZo
MC Morgan & Associates, Inc.
By: C-
Name: C-
Title:
NORTH CAROLINA, BURKE COUNTY
I, a Notary Public in and for said county and state, certify that )AAA-C i1/iaP-&A."J
personally appeared before me this day and acknowledged to me that he/she is/are the
AA,j4Gcr-(Peastt ewr of MC MORGAN & ASSOCIATES, INC., a North Carolina limited
liability company, and that by authority duly given and as an act of the company, has
signed the foregoing instrument in its name and on its behalf as its act and deed for the
purposes stated therein and in the capacity indicated.
This, the
(notary seal)
^® ®TAFFY OS
�q PUBLIC �R
day of dam, 201-9.
A -
Title: If Nota y Public
Printed Name: bA,,nS RA -
My Commission expires: i4Ptul, t- f2.e 3
no