HomeMy WebLinkAbout20210816 Ver 1_401 Application_20220316Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20210816
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
. No
Sue Homewood:eads\slhomewood
Winston-Salem Regional Office - (336) 776-9800
401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00
Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Heather LaGamba
Who is submitting the information?
Email Address: hlagamba@pilotenviro.com
Project Information
Project Name: Project Elixir
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Guilford
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
6791.2_Project Elixir_PCN_03.16.22.pdf 12.18MB
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:
Submittal Date: Is filled in automatically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2021-01390
Prepare file folder ❑
Begin Date (Date Received):
Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: Project Elixir (350 South)
2. Work Type:
Private Institutional
Government
3. Project Description / Purpose [PCN Form B3d and B3e]:
Attached
Commercial
4. Property Owner / Applicant [PCN Form A3 or A4]: PNK Holdings, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Brad Luckey/Pilot Environmental
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]:
36.08029, -80.00153
North of Joe Road
8. Project Location — Tax Parcel ID [PCN Form Bla]: 7804392106, 7804373696, 7804373373, 7804493736,
7805506074, 78045580894, and 7804483827
9. Project Location — County [PCN Form A2b]: Guilford
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Colfax
11. Project Information — Nearest Waterbody [PCN Form B2a]: West Fork Deep River
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: 03030003
Authorization: Section 10 fl Section 404
Regulatory Action Type:
❑ Standard Permit
❑ Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
n Unauthorized Activity
F7 Compliance
FINo Permit Required
Revised 20150602
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the
Corps:
10 Permit
a Section 404 Permit ❑ Section
1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
lc. Has the NWP or GP number been verified by the Corps?
❑ Yes a No
1d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
i1 401 Water Quality Certification
❑ 401 Water Quality Certification
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
For the record only for Corps Permit:
❑ Yes i1 No
❑ Yes a No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
a Yes ❑ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes a No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2. Project Information
2a. Name of project:
Project Elixir (350 South)
2b. County:
Guilford
2c. Nearest municipality / town:
Colfax
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
350 South Landholdings, LLC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
Mr. David H. Griffin Sr.
3d. Street address:
4716 Hilltop Road
3e. City, state, zip:
Greensboro, NC 27404
3f. Telephone no.:
336.510.4104
3g. Fax no.:
336.579.5201
3h. Email address:
dhgriffinjr@dhgriffin.com; grogers@dhgriffin.com; jmbalderamos@dhgriffin.com
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent // Other, specify: Developer
4b. Name:
Mr. Park Mun Seong
4c. Business name
(if applicable):
PNK Holdings, LLC
4d. Street address:
1100 Peachtree Street NE, Suite 800
4e. City, state, zip:
Atlanta, Ga 30309
4f. Telephone no.:
404-457-8473
4g. Fax no.:
4h. Email address:
ms@pnk.group; gmuraview@pnkgroup
5. Agent/Consultant Information (if applicable)
5a. Name:
Bradley S. Luckey
5b. Business name
(if applicable):
Pilot Environmental Inc.
5c. Street address:
PO Box 128
5d. City, state, zip:
Kernersville, NC 27285
5e. Telephone no.:
336.708.4997
5f. Fax no.:
5g. Email address:
bluckey@pilotenviro.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
7804392106, 7804373696, 7804373373, 7804493736,
7805506074, 78045580894, and 7804483827
lb. Site coordinates (in decimal degrees):
Latitude: 36.08029 Longitude: --80.00153
(DD.DDDDDD) (-DD.DDDDDD)
lc. Property size:
118 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
West Fork Deep River
2b. Water Quality Classification of nearest receiving water:
WS-IV*.
2c. River basin:
Cape Fear/Randleman
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site contains Joe Drive, two single family residences and associated outbuildings. The remainder of the site contains
fields and wooded land The site is located in a mixed use area of Colfax, Guilford County, North Carolina.
3b. List the total estimated acreage of all existing wetlands on the property:
—1.36 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—6,060 LF & 2.46 ac open water pond
3d. Explain the purpose of the proposed project:
The purpose of the project is to develop the site with an approximately 1,050,000 square foot distribution and
manufacturing facility.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of development of the site with an approximate 1,050,000 square foot distribution and
manufacturing facility. The facility will contain storage/manufacturing areas and office areas, restrooms and employee
break areas, trailer docks, court and storage parking, employee parking, stormwater treatment ponds and landscaped
areas.
The site has been designed to separate tractor trailer traffic from general vehicular traffic. A circular flow around trailer
docks and the distribution facility is necessary for operational efficiencies of the occupant and for safety purposes of
emergency personnel services and for the user to segregate tractor trailer from vehicular traffic. The site has been
designed for a user that anticipates up to approximately 180 tractor trailer trips per day and approximately 550 vehicular
trips per day for employee and visitors. The proposed facility is anticipated to operate three shifts that allow 24-hour per
day operations. Necessary trailer docks, trailer storage, distance between docks and trailer storage (i.e. cross dock
configuration), vehicular parking areas and general vehicular and tractor trailer flow pattern has been designed based
upon the user's anticipated requirements and general safety.
To facilitate development of the site, it is necessary to impact streams and wetlands associated with development of the
site. Clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used
during site construction.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments:
a Yes ❑ No Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
�/ Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Bradley Luckey, David Brame & Michael
Brame
Agency/Consultant Company: Pilot Enviromental, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2021-01390 PJD Pending for larger tract 225 acre tract & 10.19.18 & NCDWR Determination Letter for Stream
BSA, 11.5.21
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes // No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 No
6b. If yes, explain.
The project is not part of a phased project. Impacts to streams/wetlands, outside of those proposed in this application,
are not anticipated as a result of the proposed project.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below
for your project (check all that apply):
❑ Buffers
Construction
0 Wetlands a Streams - tributaries
❑ Open Waters ❑ Pond
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number —
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
(if known)
2d.
Forested
2e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404, other)
2f.
Area of impact
(acres)
Road Fill
Seep
Yes
0 Corps
0.0027
W1 a P ❑ T
❑ DWQ
0 No
W2 ❑P❑T
Yes
❑ No
Corps
❑ DWQ
W3 ❑P❑T
Yes
❑ No
Corps
❑ DWQ
W4 ❑ P ❑ T
Yes
❑ No
Corps❑
❑ DWQ
W5 ❑ P ❑ T
Yes
❑ No
Corps❑
❑ DWQ
W6 ❑ P ❑ T
Yes
❑ No
Corps❑
❑ DWQ
2g. Total wetland impacts
0.0027
2h. Comments: Wetland Impact 1 (Wetland BWB 1-2) will permanently fill 0.0027 acres (33 SF) of wetlands associated with
road fill and grading. Temporary impacts to wetlands are not proposed. Mitigation is not proposed for the unavoidable
permanent impact to wetlands.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ — non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
Road Fill
Unnamed
PER
0 Corps
variable
252
S1 aP ❑ T
❑ DWQ
a INT
S2 ❑ P ❑ T
PER
❑ INT
Corps❑
❑ DWQ
S3 ❑P❑T
PER
❑ INT
Corps
❑ DWQ
S4 ❑P❑T
PER
❑ INT
Corps
❑ DWQ
S5 ❑P❑T
PER
❑ INT
Corps
❑ DWQ
S6 ❑P❑T
PER
❑ INT
Corps
❑ DWQ
3h. Total stream and tributary impacts
252
3i. Comments: Stream Impact 1 (Stream BSA) will permanently impact 252 liner feet/1,193 Square feet/0.027 Acres of stream
with associated with road fill and grading. Temporary impacts to streams are not proposed. Mitigation for unavoidable
permanent stream impact is proposed.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 P T
03 ❑P❑T
04 P T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond
If pond or
or Lake Construction
lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: Construction of ponds or lakes within waters is not proposed.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
❑ Neuse
❑ Catawba
❑
0
Tar -Pamlico ❑ Other:
Randleman
6b.
Buffer impact
number -
Permanent (P) or
Temporary (T)
6c.
Reason
for
impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
B1 ❑P❑T
Yes
❑ No
B2 ❑ P ❑ T
Yes
❑ No
B3 ❑ P ❑ T
Yes
❑ No
6h. Total buffer impacts
6i. Comments: A buffer authorization request has been submitted to the City of High Point separate of this application.
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed development has been designed to minimize grading limits and the development footprint to avoid greater
impacts than proposed within this application. Alternative layouts of a similar size/dimension of the proposed building would
result in greater impacts than those proposed within this application. Additionally, these layouts would have impacted high
quality perennial streams and wetlands than proposed within this application. The applicant reduced the number of trailer
docks, specifically along the corners of the buildings, such that the access roads surrounding the building could be located as
close to the facility as possible, thus avoiding greater impacts than proposed within this application. Additionally, the applicant
reduced the overall square footage of the facility by over 100,000 SF, thus minimizing the impacts to streams and wetlands.
The applicant evaluated and designed the road crossings based on existing topographic grade, trailer turning radius and
slope/grade considerations and safety concerns associated with tractor trailer and vehicular integrated traffic flow. The road
crossings have been designed to slope at 3.5% grade with the minimum tractor trailer turning radius. Based on the existing
grade and relative elevations of the facility and access roads, alternative layouts or designs of the road crossings are not
possible or practical to meet the user's anticipated needs.
The applicant has designed the road crossings and facility to return pre -construction drainage flows to unimpacted streams
and wetlands remaining down -gradient of the proposed impact area. Stormwater ponds will discharge to unimpacted
wetlands at non -erosive velocities to preserve pre -construction hydrologic function of down -gradient waters. Additionally, a
rock/pipe French drain system will be installed in the area of the permanent stream impact area to return groundwater flow to
unimpacted and remaining waters.
The remaining 5,808 linear feet of stream channel, 1.36 acres of wetlands and 2.46 acre open water pond are being avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence, rock checks or other temporary sediment and erosion control measures will be
located within the most down -gradient area within the impact limits. The sediment and erosion control devices will prevent
sediment from being discharged into down -gradient streams or wetlands. A rock/stone/pipe French drain system will be
installed within the impact limits of the stream and filled over top with clean fill to final proposed grades.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
0 Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ 11 Corps
2c. If yes, which mitigation option will be used for this
project?
fee program
Mitigation
0 Mitigation bank
0 Payment to in lieu
❑ Permittee Responsible
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Feed and Seed Bank
3b. Credits Purchased (attach receipt and letter)
Type Stream
Quantity 243
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
3c. Comments: The applicant proposes mitigation for 252 linear feet of intermittent stream channel at a 2:1 ratio. The
applicant intends to purchase 243 linear feet of stream credits needed to satisfy a portion of the mitigation proposal from the
Feed and Seed private bank. The remaining credits will be satisfied by NCDMS or other private banks should credits be
available at a time immediately prior to NWP Verification. Other private banks currently do not have available stream credits.
Copies of SOA from Feed and Seed private bank and NCDMS that document credit availability to satisfy the mitigation
proposal is included as attachments.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
a Yes
4b. Stream mitigation requested:
385 linear feet
4c. If using stream mitigation, stream temperature:
0/ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: See above 3c.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes 0 No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: Mitigation conditions of buffer authorizations will be coordinated with the City of High Point.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
a Yes ❑ No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: City of High Point
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
cyo
2b. Does this project require a Stormwater Management Plan?
// Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A Stormwater Management Plan is required. The applicant will obtain stormwater management plan approval prior to
proposed impacts occurring. The applicant requests a conditional 401 WQC pending the City of High Point approval of
the stormwater management plan.
2e. Who will be responsible for the review of the Stormwater Management Plan?
a Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
High Point
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
0 Phase II
NSW
❑ USMP
a Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes // No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑ Coastal counties
❑ HQW
❑ ORW
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
Yes // No
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 Policy Act (NEPA/SEPA)?
❑ Yes 0 No
lc. 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 NEPA or SEPA final approval
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
❑ Yes 0 No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
❑ Yes /1 No
2b. Is this an after -the -fact permit application?
❑ Yes /1 No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
Yes 0 No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Impacts for sewage disposal are not proposed.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
Yes
// No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ No
a Yes
5c. If yes, indicate the USFWS Field Office you have contacted.
0 Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Pilot consulted the USFWS IPaC dated 3.8.22 (attached) and previously consulted USFWS (USFWS Letter dated 2.1.22,
attached). The USFWS IPac identifies the following protected species that could be proximate to the project area:
Schweinitz's sunflower and small whorled pogonia. The project area consists of an intermittent stream that has formed in
a pond breach and wooded land. The wooded land appears to be less than 15 years in age and consists of primarily
natural regenerative hardwoods and successional pine saplings. The mid and understory is densly vegetated and
dominated by privet, olive, muscaine grape, saw -tooth blackberry and green briar species. Based on our observations,
suitable habitat for Schweinitizs sunflower or small whorled pogiona are not located within the project area. Therefore,
we have made a determination of no effect.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes
0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
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 properties significant in
North Carolina history and archaeology)?
Yes //
No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
According to the NC SHPO Historic Properties website (attached), eligible or listed resources are not located on or within
within one mile of the proposed project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA NFHL (Drawing 4, Verification Package).
BradleyS.
S. Luckey
Applicant/Agent's Printed Name
Bradley Digitally signed by Bradley Luckey
DN: cn=Bradley Luckey, o-Pilot
Enviromental, Inc., ou,
email=bluckey@pilotenviro.com,
Luckey Date:2022.03.16 15:59:23-04'00'
03. 1 6.22
Date
Applicant/Agent's Signature
Page llof12
PCN Form — Version 1.3 December 10, 2008 Version
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AGENT AUTHORIZATION
rm authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps
ineers and North Carolina Division of Water Resources field verification and permitting.
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Property Address:
Name:
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Telephone Number
E-mail Address:
Signature:
e foregoing, PEI cannot create or assume any obligations, or sign anything
oldings without a prior written approval. The term of authorization is 1 year.
High Point North Industrial Center
Sandy Ridge Rd, High Point, NC 27265
Applicant Information:
PNK Holdings, LLC
1100 Peachtree Street NE Suite 800
Atlanta, GA 30309
+1 (404) 457-8473
ms@pnk.group, g.muraviev@pnk.group
Park Mun Seong, President
Date:
March 3, 2022
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LAND PLANNING
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CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Mr. Brad Luckey
Pilot Environmental Inc.
P.O. Box 128
Kernersville, NC 27285
NORTH CAROLINA
Environmental Quality
November 5, 2021
Delivered via email to: BLuckey@pilotenviro.com
Subject: On -Site Determination for Applicability to the 401 Certification Mitigation Rules (15A NCAC
02B .0506(c))
Subject Property: 350 South Land Holding LLC, Sandy Ridge Rd and Adkins Rd, Colfax NC, Guilford
County
Dear Mr. Luckey:
On September 7, 2021 I conducted an on -site determination with you to review the feature labeled as
BSA on the attached map and located on the subject project for a stream determination with regards to
the above noted state regulations.
The Division acknowledges any and all areas and boundaries identified as jurisdictional wetlands and
streams by the USACE.
At the time of this letter, all perennial stream channels and jurisdictional wetlands found on the
property are subject to the mitigation rules cited above. In addition, the Randleman Lake Buffer Rules
may apply to some streams at this location, please be sure to contact the local government for further
information regarding the Randleman Lake Buffer Rules. Please note that these regulations may be
subject to change in the future.
This on -site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
1:1E
NORTH CAROLINA
DeVarim9nt 0} EnvIronmoMEl Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336.776.9800
Page 2 of 2
This determination is final and binding, unless an appeal request is made within sixty (60) calendar days
of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This letter only addresses the features on the subject property and/or within the proposed project area
and does not approve any activity within buffers or within waters of the state. If you have any
additional questions or require additional information, please call me at 336-776-9693 or
sue.homewood@ncdenr.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S.
150B.
Sincerely,
DocuSigned by:
%ionvewood
456ED631098F411...
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Pilot Environmental Wetland Map - initialed and dated
Electronic Cc:
NORTH
D
Department of Environmental (Mabry
DH Griffin Jr, 350 South Land Holding LLC
David Bailey, USACE Raleigh Regulatory Field Office
DWR, Winston-Salem Regional Office
North Carolina Department of Environmental Quality 1 Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336.776.9800
Drawing 1
USGS Topographic Map
Kernersville and Guilford,
NC Quadrangles
Scale: 1" = 2,000'
PILOTA
PILO] E H Y IRO N M E H T A L, I H C
USGS Topographic Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM/POND FLAGS =
Wetland Flags = 142
Stream/Pond Flags = Flagged at confluences
and intersections; surveyor locate
IZ7VVVVVV1
L///////'
LEGEND
DP-1 0
WA 1-5
SA 1-5 l
■
Site Boundary
Pond
Intermittent Stream
Perennial Stream
Wetland
Data Point
Feature ID
Verification Results
Culvert
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON AUGUST 17, 2021. MS.
SUE HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES
GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/29/21.
Drawing 5
2018 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 700'
Date: 10.11.21
PII®•- 1'
P I LOT ENVIRONMMTALHNC
Wetland Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
MWD 1-10
(0.047 Ac)
MSA
(2,000 Lf)
• /
MWE 1-12
(0.032 Ac)
MWB 1-20
(0.049 Ac)
DP-40
O DP-3
MSB
(250 Lf)
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM/POND FLAGS =
Wetland Flags = 142
Stream/Pond Flags = Flagged at confluences
and intersections; surveyor locate
IZ7VVVVVV1
V WZ7Z/1
I
BWB1-2�
(0.0008 Ac)
DSF
(570 Lf)
BW 1-2
(0.042 Ac)
w
MWA 1-9
(0.117 Ac)
BSA (112 Lf)
Randleman Buffer Begins:
36.07944, -80.00423
DWG 1-11
/ (0.054 Ac)
1
DSA
(1,870 Lf)
LEGEND
0
DP-1 0
WA 1-5
SA 1-5 l
■
Site Boundary
Pond
Intermittent Stream
Perennial Stream
Wetland
Data Point
Feature ID
Verification Results
Culvert
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON AUGUST 17, 2021. MS.
SUE HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES
GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/29/21.
Drawing 5.1
2018 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 300'
Date: 10.11.21
PII®•- 1'
P I LOT ENVIRONMMTALHNC
DS
11/5/2021
Wetland Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
x
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2022-0016792
Project Name: Gallimore Diary Road Extension (350 South)
March 08, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
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
03/08/2022 2
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdfiTOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
03/08/2022 3
Attachment(s):
• Official Species List
03/08/2022 1
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
03/08/2022 2
Project Summary
Project Code: 2022-0016792
Event Code: None
Project Name: Gallimore Diary Road Extension (350 South)
Project Type: Road/Hwy - New Construction
Project Description: Transportation
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@36.0802833,-80.00100180016858,14z
iikat�
•_' rRQ Fast Fnik¢
S
Counties: Guilford County, North Carolina
03/08/2022 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
03/08/2022 4
IPaC User Contact Information
Agency: Pilot Enviromental, Inc
Name: Bradley Luckey
Address: 743 Park Lawn Court
City: Kernersville
State: NC
Zip: 27285
Email bluckey@pilotenviro.com
Phone: 3367084997
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
February 1, 2022
Seren Homer
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27285
Re: Gallimore Dairy Road — Guilford County
Dear Mrs. Homer:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by aproposed project. For
future projects, please visit the Raleigh Field Office's project planning web site at
https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered threatened species protected by the provisions of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concerns that are
known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, ensure 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
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or
threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse
impacts to federal species of concern.
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.
With regard to the above -referenced project, we offer the following remarks Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
(919) 856-4520 ext. 26.
Sincerely,
aie
Pete Benjamin
Field Supervisor
74
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fires
Environmental Banc & Exchange, LLC Stream and Stream Banks
Statement of Availability March 8, 2022
U.S. Army Corps of Engineers
David Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: 350 South/Project Elixir
This document confirms that the PNK Holdings, LLC (Applicant) for the 350 South/Proiect Elixir
(Project) has expressed an interest to utilize 243.38 Stream Mitigation Credits from the EBX sponsored
RES Cape Fear 03 Umbrella Mitigation Bank, specifically 243.38 Stream credits from the Feed and Seed
Site, in the Cape Fear HUC 03030003. As the official Bank Sponsor, Environmental Banc & Exchange,
LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1055 or astaley@res.us if you have any questions.
Best Regards,
Amy Staley
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403
ROY COOPER.
Governor
ELIZABETH S. BISER
Secretory
MARC RECKTENWALD
Director
Bradley Luckey
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27285
NORTH CAROLINA
Environmental Quality
March 8, 2022
Expiration of Acceptance: 9/8/2022
Project: 350 South Project Elixir County: Guilford
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Cape Fear
03030003
Randleman
Riparian Buffer Z1
Up to 11,672
Riparian Buffer Z2
Up to 19,500
Cape Fear
03030003
Warm Stream
Up to 385
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov.
cc: Bradley Luckey, agent
41:0,E0-5A
Sincerely,
7 J
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.70711976
Drawing 1
USGS Topographic Map
Kernersville and Guilford,
NC Quadrangles
Scale: 1" = 2,000'
PILOT' !
P I LOT E N V I R O N M E N T A L. I N C
USGS Topographic Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
Drawing 2
USDA Web Soil Survey
of Guilford County, NC
Scale: 1" = 700'
P I LOT E N V I R O N M E N T A L. I N C
Web Soil Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
Drawing 2A
USDA Published Soil Survey
of Guilford County, NC (Pub. 1977)
Sheets 19 and 25
Not to Scale
P I LOT E N V I R O N M E N T A L. I N C
Published Soil Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
LEGEND
Site Boundary
Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Riverine
Other
1.
Drawing 3
USFWS NWI
Wetlands Mapper
Scale: 1" = 700'
P I LOT E N V I R O N M E N T A L. I N C
NWI Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
Drawing 4
National Flood Hazard Layer
From FEMA Web Map Service
Scale: 1" = 1,400'
P111.01wil
P I LOT E N V I R O N M E N T A L. I N C
LEGEND
Site Boundary
. 1%Annual Chance Flood Hazard
▪ Regulatory. Flood ray
▪ Sped al Flood,ay
Area of Undetermined Flood Hazard
0.2%Annual Chance Flood Hazard
h` FLture Conditions 1 %Annual Chance Flood Hazard
►AArea with Reduced Risk Due to Levee
FEMA FIRM
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM/POND FLAGS =
Wetland Flags = 142
Stream/Pond Flags = Flagged at confluences
and intersections; surveyor locate
f
Drawing 5.2
Drawing 5.1
LEGEND
DP-1 0
WA 1-5
SA 1-5 l
Site Boundary
Pond
Intermittent Stream
Perennial Stream
Wetland
Data Point
Feature ID
Verification Results
■ Culvert
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON 8.17.21. MS. SUE
HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS
LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4.29.21.
Drawing 5
2018 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 700'
Date: 10.11.21
PILOT' !
P I LOT E N V I R O N M E N T A L. I N C
Wetland Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
MSC
(560 Lf)
MWD 1-10
(0.047 Ac)
MWE 1-12
(0.032 Ac)
MSA
(2,000 Lf)
1
DP-4 0
0 DP-3
MSB
(250 Lf)
I
BWB 1-2
(0.0008 Ac)
BW 1-2
(0.042 Ac)
MWB 1-20
(0.049 Ac)
MWA 1-9
(0.117 Ac)
BSA (112 Lf)
Randleman Buffer Begins:
36.07944, -80.00423
DWG 1-11
FLAG NUMBERS/INFORMATION /(0.054Ac)
WETLAND FLAGS = �✓/,/r''sfj' \
STREAM/POND FLAGS = ///;/ DSF
Wetland Flags = 142 (570 If)
4111
Stream/Pond Flags = Flagged at confluences
and intersections; surveyor locate
LEGEND
DP-1 0
WA 1-5
SA 1-5 l
Site Boundary
Pond
Intermittent Stream
Perennial Stream
Wetland
Data Point
Feature ID
Verification Results
■ Culvert
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON 8.17.21. MS. SUE
HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS
LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4.29.21.
Drawing 5.1
2018 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 300'
Date: 10.11.21
P I LOT E N V I R O N M E N T A L. I N C
Wetland Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791
DSC
(120 Lf)
DSA
7(1,870 Lf)
DWA 1-10
(0.027 Ac)
FLAG NUMBERS/INFORMATION
WETLAND FLAGS =
STREAM/POND FLAGS =
Wetland Flags = 142
Stream/Pond Flags = Flagged at confluences
and intersections; surveyor locate
/.//V�./i//1
DWB 1-5
(0.028 Ac)
0 DP-2
DWE 1-39
(0.953 Ac)
DSB
(170 Lf)
DWC 1-8
(0.026 Ac)
DSE 1
(160 Lf)
DWF 1-6
(0.013)
LEGEND
DSE 2
(360 Lf)
DWD 1-6
(0.011 Ac)
Site Boundary
Pond
Intermittent Stream
Perennial Stream
Wetland
Data Point
Feature ID
Verification Results
Culvert
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON 8.17.21. MS. SUE
HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS
LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4.29.21.
Drawing 5.2
2018 Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 200'
Date: 10.11.21
P I LOT E N V I R O N M E N T A L. I N C
Wetland Map
350 South
Approximate 225-Acre Tract
Colfax, Guilford County, NC
Pilot Project 6791