Loading...
HomeMy WebLinkAbout20220598 Ver 1_401 Application_20220421Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* 20220598 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 Pre -Filing Meeting Date Request was submitted on: 10/4/2021 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Rock Creek Station Apartments (Burlington Rd) 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 6757.1-7239 Burlington Road_PCN_4.21.22.pdf 8.48MB 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: rif 00. �Zaf. Submittal Date: Is filled in automatically. NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2021-02241 DWR project no. _Click enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.080135° Longitude (DD.DDDDDD): -79.561315° Form Version 1.5. September 2020 Date received: 4/21/2022 Date received: 4/21/2022 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://edocs.deq. nc.gov/WaterResou rces/0/edoc/624704/PCN%20HeI p%20File%202018-1-30. pdf The help document may be found at this link: http://www.saw. usace.armv.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) : 10/4/2021 DWR ID # Click to enter. Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: Guilford Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No 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. 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 1 b. Permit type(s)? ❑x Nationwide Permit (NWP) ❑ 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 le. 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)? El Yes ❑x No El 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? Dino Hackett 1 b. Primary Contact Email: dhackett@hackettproperties.com 1 c. Primary Contact Phone: (###)###-#### (336) 362-2041 1 d. Who is applying for the permit/certification? all that apply) (check • Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ■I Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: John and Clyde Ingle 2b. Deed Book and Page No.: 002602/00323 2c. Responsible Party (for corporations): Click to enter. 2d. Address Street Address: 6199 SEQUOIA DR Address line 2: Click to enter. City: PORT ORANGE State/ Province/ Region: Florida Postal/ Zip Code: 32127 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: Dino Hackett 3b. Business Name (if applicable): Hackett Properties, Inc. 3c. Address: Street Address: 1152 Kearns -Hackett Road Address line 2: Click to enter. City: Pleasant Garden State/ Province/ Region: North Carolina Postal/ Zip Code: 27313 Country U.S 3d. Telephone Number: * (###)###-#### (336) 362-2041 3e Fax Number: (###)###-#### (336) 674-2443 Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: dhackett@hackettproperties.com 4. Agent/ Consultant (if applicable) 4a. Name: * Michael T. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: (###)###-#### (336) 708-4620 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * mbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httbs://www.saw. usace.armv. 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: Rock Creek Station Apartments 1 b. Subdivision name (if appropriate): Rock Creek Station 1 c. Nearest municipality/town: * Gibsonville, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 8834481508-000 2b. Property size (in acres): 19 2c. Project Address: Street Address: 7239 Burlington Road Address line 2: Click to enter City: Gibsonville State/ Province/ Region: NC Postal/ Zip Code: 27249 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): 36.080135° Longitude (-DD.DDDDDD): --79.561315° 3. Surface Waters 3a. Name of nearest body of water to proposed project: Back Creek 3b. Water Resources Classification of nearest receiving water: WS V; NSW The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c8Odd64265 3c. In what river basin(s) is your project located? * Cape Fear Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 030300020305 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 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 southern and northern portions of the site consist predominately of hardwoods with scattered pines. These forested areas are approximately 40-50 years old. The central portion of the site consists predominately of pines with scattered hardwoods. This forested area is approximately 25 years old. The site is located in a residential area of Gibsonville. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? • Yes ❑x No ❑ Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW-2021-02241 jClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% 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 property: 0.594 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 270 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0 acres 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an apartment complex on the site. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of nine apartment buildings, a clubhouse, an office, a pool and associated parking areas. In order to facilitate the proposed development and access the site, it is necessary to cross a portion of a wetland. In order to connect to sanitary sewer lines, it is necessary to temporarily impact a stream. 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 proposed impact areas? Yes ❑ No ❑Unknown Comments: The site was delineated by Pilot Environmental on April 21, 2021. The site was verified by Mr. James Lastinger via desktop review and a PJD was issued on November 23, 2021 (SAW 2021-02241). 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Brame/Michael Brame Agency/Consultant Company: Pilot Environmental Other: Click to enter 5c. If the Corps made a jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Approved ❑ Emailed Concurrence ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW — 2021-02241 Page 6 of 21 PCN Form - Version 1.5, September 2020 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE issued a PJD on November 23, 2021. 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 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): O Wetlands ❑ Buffers ❑ Pond Construction O 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. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Name 2d. Wetland Type 2e. Forested ? 2f. Jurisdiction Type* 2g. Impact Area (ac) W1 Fill (Incl. Riprap) Permanent Unnamed (WA) Bottomland Hardwood Forest Yes Both 0.033 W2 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W3 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts 0.033 ac 2g3. Total wetland impacts 0.033 ac 2h. Comments: In order to access the site, it is necessary to impact 0.033 acres of wetland. The upper reach of the wetland is included as it is considered a total loss due to the small amount that is not being impacted by the road/grading limits of the slope. 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 Other Temporary Unnamed (SC) Perennial Both 5 8/15 S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft 3i3. Total temporary stream impacts: 23 linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: In order to connect to existing sanitary sewer lines, it is necessary to cross a stream. A proposed coffer dam/pump around will temporarily impact 15 linear feet (75 square feet) of stream channel. The proposed sewer line will be buried beneath the stream channel and will impact 8 linear feet (40 square feet) of stream channel. The impacts will be temporary and the stream channel will be restored to grade after the sewer line has been buried. Rip rap that will be used to stabilize the stream and banks will be keyed in. The coffer dam will be removed following the construction/stabilization measures. 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. Site # 4b. Impact Reason/ Type 4c. Impact Duration 4d. Waterbody Name 4e. Waterbody Type* 4e1. Jurisdiction Type 4f. Impact area (ac)k 01 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter. 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. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click tL. enter. Click tk. enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑x Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Utility Lines Temp/ Perm Unnamed (SC) No 600 400 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 remp/ 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: 400 sq ft 6h. Total permanent impacts: Zone 1: 600 sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: 600 sq ft Zone 2: 400 sq ft 6i. Comments: Buffer authorization will be obtained from Gibsonville. 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 la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to other streams and wetlands. A bridge mat has been designed to span the stream and avoid impacts at the sewer line crossing location to access and install the sewer line on the other side of the stream. Rip rap is being keyed in to the existing bed to maintain the current stream bed. The crossing locations were selected to minimize and avoid impacts to larger wetlands and stream meanders. The remaining roads, lots and utilities have been designed to avoid additional impacts to jurisdictional areas. 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. Coffer dams will be used to minimize sediment discharge during construction activities. 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? (check all that apply) ❑ DWR ❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? (check all that apply) ❑ Mitigation Bank ❑ 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 being 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.armv.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 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Mitigation is not being 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. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. :,hoose one :,lick to enter. Zone 2 Click to enter. Click to enter. :,hoose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not 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 identified within one of the NC Riparian Buffer Protection Rules? ► Yes ❑ No 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://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader El Vegetated Conveyance (lower seasonal high water table- SHVVT) ❑ Wetland Swale (higher SHWT) ❑x Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/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- approved local government stormwater program? ❑x Yes ❑ No 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? (Check all that apply) ❑x Local Government ❑ 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 ❑Phase II ❑ USMP ❑x NSW ❑x Water Supply Please identify which local government stormwater program you are using. Gibsonville State Stormwater Programs El Phase II El HQW or ORW ❑ Coastal Counties ❑ Other Comments: A stormwater pond is designed on the northeastern portion of the site. The stormwater pond will discharge into a plunge pool to diffuse flow before stormwater reaches the buffers. 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) funds or the use of public (federal/state) land? ❑ Yes ❑x 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 ❑ 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.) ❑ Yes ❑ No Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes ❑x No 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 downstream water quality? ❑ Yes ❑x No 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 (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into existing sewer lines to the north. The sewer line will cross a stream. Proposed impacts are detailed in Section D. 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 species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) ►11 Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑x No 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.? aYes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-req.usace.armv.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 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 2 listed species are identified on the IPaC report (attached). Monarch Butterfly (Candidate) and Small Whorled Pogonia (Threatened) are listed as federally protected species. The areas where the impacts will occur (including areas within 100 feet of the proposed impact) consist of a 40 to 50 year old mixed pine/hardwood forest. The area of wetland impact has been previously disturbed as the wetland that is being impacted is located within a road bed that has been left fallow. The under -story and mid -story are moderately dense. The area of the stream crossing is vegetated predominately of hardwood species. The understory is dominated by Japanese stilt -grass, Chinese privet, Russian olive and Japanese honeysuckle that is moderate to densely vegetated. The monarch butterfly's habitat is open fields and meadows with milkweed. Habitat is not present within the area of impact or within 100 feet of the area of impact. Small whorled pogonia can be limited by shade. The species seems to require small light gaps, or canopy breaks, and generally grows in areas with sparse to moderate ground cover. Too many other plants in an area can be harmful to this plant. This orchid typically grows under canopies that are relatively open or near features that create long - persisting breaks in the forest canopy such as a road or a stream. It grows in mixed -deciduous or mixed- deciduous/coniferous forests that are generally in second- or third -growth successional stages. The soils in which it lives are usually acidic, moist, and have very few nutrients. The USFWS Fact Sheet indicates that: "This orchid grows in older hardwood stands of beech, birch, maple, oak and hickory that have an open understory. Sometimes it grows in stands of softwoods such as hemlock. It prefers acid soils with a thick layer of dead leaves, often on slopes near small streams." The forested areas that are being impacted are estimated to be approximately 40-50 year old forest. The mid and understory are moderate to dense. The dominant hardwood species are poplar, sweetgum and maple. Eastern red cedar, loblolly pine and Virginia pine are scattered amongst the hardwoods. Based on our observations, the impact areas and areas within 100 feet of the impact areas are not suitable habitat for this species. Additionally, we did not observe orchids growing in the areas during an April site visit. 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 Explain: ''lick to Pnter. ❑ Unknown 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): http://q is. n cd cr.g ov/h powe b/ 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 ❑x No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Offices HPOWEB 2.0. Historic properties were not identified in the area of the impact or on the site. Historic properties are identified south of the site, across Burlington Road. 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? * ❑x No • Yes 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: Thank -you for your assistance. Attach pertinent documentation or attachments not previously requested I. Signature* ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michael T. Brame Michael Digitally sig°e M1y MicM1ael9rame DN: rn=MicM1ael Brame, °=Pilot Signature: Brame DateII 202M1209.21112.98090900,c=U5 4/21/2022 Page 21 of 21 PCN Form - Version 1.5, September 2020 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: `723 vv-(v,r,h„j rtmajWif_4 `3csVi�,\l�� rr'( 27a[S 1_1v}c I ' n Pv'es rtw` Owner Information: ow>t,� cl� U Address: Telephone Number: Fax Number: E-mail Address: tuf n i2w s 20 Pkya-e,,wS. - 2 7 31 3 - - 3�2 -2°Y1 - 67,4— 2 -3 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 onsite 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 Authorized Agent -,23- 2 Date Signature 4/7/2021 Property Report Guilford County, NC - Property Report Convert to PDF 4/7/2021 Parcel ID Property Address Legal Description 104252 7239 Near Burlington Rd 19.04 AC TYSOR US 70 A WILL 99E-915 Mobile Maps Owner Information Owner Name Mailing Address City, State Zip INGLE, JOHN W;INGLE, CLYDE R 6199 SEQUOIA DR PORT ORANGE, FL 32127 Parcel Information PIN Zoning Use Tax District 8834481508-000 AG -Agricultural RESIDENTIAL 0 Parcel Size Appraisal Nbrhood Plat/Condo Bk & Pg 19.04 8834C01 N/A Recent Sales Book & Page Sale Date Sale Price Qualified? Improved? 00260200323 $0 Yes Yes Appraisal Values Land Buildings Extra Features Total Value $183,900 so so $183,900 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. gis.guilfordcountync.gov/PropertyCardjs/Default.aspx?pin=104252&maplmage=_ags_ee07e68eac564ee5ad054b02de407fcd.jpg&isTinyScreen=false... 1/1 DWR Pre -Filing Meeting Request Form NORTH CAROLINA Environmental Qualify Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Heather LaGamba hlagamba@pilotenviro.com Keystone Group, Inc. 7232 Burlington Road Guilford Owner Address: * Street Address 3708 Alliance Drive Address Line 2 City State / Province / Region Greensboro NC Postal / Zip Code Country 27407 USA Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - 401 Water Quality Certification - Regular Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?* Yes No Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below and include location information.* The applicant does not request a meeting. The applicant may submit a request for 401 WQC. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* f .16*A 5 Submittal Date 10/4/2021 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02241 County: Guilford U.S.G.S. Quad: NC-Gibsonville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Pilot Environmental Michael Brame Address: PO Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 E-mail: mbrame(a,pilotenviro.com Size (acres) 19 Nearest Town Whitsett Nearest Waterway Back Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 36.0802 Longitude: -79.5613 Location description: The project site is located at 7239 Burlington Road, Gibonnville, Guildford County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/27/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2021-02241 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastin2er at 919-554-4884 ext 32 or James.C.Lastinger(ausace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 11/23/2021. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Di ision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 11/23/2021 Expiration Date of JD: Not applicable SAW-2021-02241 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy fumished: Property Owner: John Ingle Address: 6199 Sequoia Drive Port Orange, FL 32127 Telephone Number: E-mail: PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Pilot Environmental, Michael Brame File Number: SAW-2021-02241 Date: 11/23/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. x SECTION Additional or the Corps regulations aQ3 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: James Lastinger Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15-day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/23/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Pilot Environmental, Michael Brame, PO Box 128, Kernersville, NC 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 7239 Burlington Road site, SAW-2021-02241 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is located at 7239 Burlington Road, Gibonsville, Guildford County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Guilford City: Whitsett Center coordinates of site (lat/long in degree decimal format): Latitude: 36.0802 Longitude: -79.5613 Universal Transverse Mercator: Name of nearest waterbody: Back Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: November 23, 2021 ❑Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section4D4 or Section 10/4D4) WA 1-37 36.078844° -79.560266° 0.D99 acres Wetland 404 WB 1-7 36.078641° -79.561179° 0.017 acres Wetland 404 WD 1-22 36.082138° -79.561516° 0.473 acres Wetland 404 = 36.08198?° -79.562083° 27D linear feet Non -wetland •:,= 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ▪ U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Gibonsville Quad ▪ Natural Resources Conservation Service Soil Survey. Citation: USDA Websoil Survey ▪ National wetlands inventory map(s). Cite name. USFWS NWI Manner ❑ State/local wetland inventory map(s): ▪ FEMA/FIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2018 ESRI Satellite imagery or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ignature and date of Regulatory staff member completing PJD 11/23/2021 71444.__ October 15, 2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 70 Stream Flags = Flagged at intersections with the site boundary; surveyor locate IZ77V777A I///////21 LEGEND DP-1 0 WA 1-2 Site Boundary Perennial Stream Wetland Data Point Flag Number/Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE OR NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/21/21. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 4.27.21 PILOT ENIONMNTALINC Wetland Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 LOCATION OF STREAM/WETLAND IMPACTS TEMPORARY IMPACTS UTILITY PIPE INSTALLATION COFFER DAM/DIVERSION AND UTILITY EXCAVATION IMPACTS 20 FT PERMANENT UTILITY EASEMENT PERMANENT WETLANDS IMPACTS 1430 SF ROAD/CULVERT IMPACT 0' 125' 250' SCALE: 1' = 250' 500' IFININIF - N I RE PERENNIAL STREAM/ WETLAND IMPACT LOCATION MAP ROCK CREEK STATION APARTMENTS WET DETENTION POND PLUNGE POOL %%%%%%%%% 1111111111//„„%% CAR HACKETT PROPERTIES, INC. 200 D PAMONA DRIVE GREENSBORO, NC 27407 Tel: 336.697.3097 doug@hackettproperties.com GREEN MOUNTAIN ENGINEERING, PLLC 7A WENDY CT GREENSBORO, NC 27409 Tel: 336.294.9394 CERTIFICATE #P-0826 www.greenmountainengineers.com E-rnaiLmntact@greenmcuntair ugh mrs.mm NOTE 11-111-1 EXISTING CONDITIONS ' 20' 40' 80' SCALE: 1' = 40' w d 1430 SF PERMANENT GRADING/FILL IMPACT II 1I II 1I I I I � I II PERENNIAL STREAM/ WETLAND IMPACT MAP ROCK CREEK STATION APARTMENTS. CA R 1. WETLANDS AND STREAM DELINEATED BY PILOT ENVIRONMENTAL INC. ON APRIL 21, 2021 AND USACE VERIFIED APRIL 23, 2021. GREEN MOUNTAIN ENGINEERING, PLLC. FIELD LOCATED THE VERIFIED WETLAND AND STREAM FLAGS PLACED BY PILOT ENVIRONMENTAL INC. 2. THIS DEVELOPMENT HAS BEEN ACCEPTED BY THE CITY OF GIBSONVILLE AS A HIGH DENSITY STORMWATER PROJECT, WITH FLOODPLAIN DEVELOPMENT AND EROSION CONTROL PLAN APPROVALS BY GUILFORD COUNTY. PROPOSED CONDITIONS HACKETT PROPERTIES, INC. 200 D PAMONA DRIVE GREENSBORO, NC 27407 Tel: 336.697.3097 doug@hackettproperties.com GREEN MOUNTAIN ENGINEERING, PLLC 7A WENDY CT GREENSBORO, NC 27409 Tel: 336.294.9394 CERTIFICATE #P-0826 www.greenmountainengineers.com E-ma1l:contact@greenmountaii n igii tus.com IMPACT LOCATION ID TYPE LINEAR STREAM IMPACT (FEET) LINEAR STREAM IMPACT (SQUARE FEET) WETLAND IMPACT ZONE (SQUARE FEET) 1 STORM/ROAD CROSSING 0 0 1430 1430 SF ROAD/CULVERT IMPACT SCALE: 1' = 30' HACKETT PROPERTIES, INC. 200 D PAMONA DRIVE GREENSBORO, NC 27407 Tel: 336.697.3097 doug@hackettproperties.com PERENNIAL WETLAND IMPACT MAP GREEN MOUNTAIN ENGINEERING, PLLC 7A WENDY CT GREENSBORO, NC 27409 Tel: 336.294.9394 CERTIFICATE #P-0826 www.greenmountainengineers.com E-maiLmntact@greenmcuntair ugh urs.mm 20 FT PERMANENT SANITARY SEWER PUBLIC UTILITY EASEMENT 8FT • :/•• is TEMPORARY COFFER DAM WITH PUMP —AROUND TEMPORARY STREAM CROSSING — BRIDGE MATS ..4*"• • i i� i• . .. ````���,,,,,, r r, u , u I r', �,,,,,,�,,,- CA R�,, TOP OF BANK (TYPICAL) CENTERLINE OF STREAM 30 FT STREAM BUFFER sier=151 / 7 / PROPOSED CONDITIONS IMPACT LOCATION ID TYPE LINEAR STREAM IMPACT (FEET) STREAM IMPACT (SQUARE FEET) WETLAND IMPACT ZONE (SQUARE FEET) 1 TEMP UTILITY PIPE (SEWER) 8 40 0 2 TEMP COFFER DAM 15 75 0 PERENNIAL STREAM/ WETLAND IMPACT MAP NOTE 1. WETLANDS AND STREAM DELINEATED BY PILOT ENVIRONMENTAL INC. ON APRIL 21, 2021 AND USACE VERIFIED APRIL 23, 2021. GREEN MOUNTAIN ENGINEERING, PLLC. FIELD LOCATED THE VERIFIED WETLAND AND STREAM FLAGS PLACED BY PILOT ENVIRONMENTAL INC. 2. THIS DEVELOPMENT HAS BEEN ACCEPTED BY THE CITY OF GIBSONVILLE AS A HIGH DENSITY STORMWATER PROJECT, WITH FLOODPLAIN DEVELOPMENT AND EROSION CONTROL PLAN APPROVALS BY GUILFORD COUNTY. CONSTRUCTION SEQUENCE 1. INSTALL TEMP. BRIDGE MAT FOR STREAM CROSSING ACCESS. 2. WHEN READY TO INSTALL SEWER OUTFALL — INSTALL TEMP. COFFER DAM AND PUMP —AROUND AS NEEDED. 3. INSTALL SEWER MAIN VIA OPEN CUT. 4. STABILIZE STREAM AND BANKS. 5. REMOVE COFFER DAM AND BRIDGE MAT. 6. STABILIZE DISTURBED BANKS. HACKETT PROPERTIES, INC. 200 D PAMONA DRIVE GREENSBORO, NC 27407 Tel: 336.697.3097 doug@hackettproperties.com 0' 10' 20' 40' SCALE: 1' = 20' GREEN MOUNTAIN ENGINEERING, PLLC 7A WENDY CT GREENSBORO, NC 27409 Tel: 336.294.9394 CERTIFICATE #P-0826 www.greenmountainengineers.com E-maiLmntact@greenmcuntairugh mrs.mm SSMH-01 RIM:640.24 INV. IN: 633.55(SSP-02) INV. OUT: 633.45(SSP-01) EX\ST�P �GRO�ND SURF 'III/ SSMH—DH RIM: 643.50. Ai 1 IIINV. IN: 632.00(SSP-01) gum I CE0NTER/IFTMIN. STREAM 2.% CNVERTOVERAGEOF //o�iiiiiiiii ': -, 111 0 92% 1+00 STREAM CROSSING (SEWER) 0' 20' 40' 80' SCALE: 1' = 40' 30 28 PERENNIAL STREAM/ WETLAND IMPACT PROFILE llllllllllll FEs " HACKETT PROPERTIES, INC. 200 D PAMONA DRIVE GREENSBORO, NC 27407 Tel: 336.697.3097 doug@hackettproperties.com GREEN MOUNTAIN ENGINEERING, PLLC 7A WENDY CT GREENSBORO, NC 27409 Tel: 336.294.9394 CERTIFICATE #P-0826 www.greenmountainengineers.com E-maiL•contact®greenmcuntair ler fir E-ers mm s CD SURFACE FLOW DIVERSION a PERSPECTIVE VIEW 1 //44 SUPPORTED 'IIEIII iIIAII�IIII�II�II�II� I� 111 11 11911EIIIIEIII ,11E11E11E11 . II,�II1IIEIIE III 1.1 l- NW- T V BRIDGEMAT SIDE VIEW ORARY STR MIN. 25 FT SILT FENCE SEE PLAN FOR PLACEMENT, TYPICAL o 5' - . 1 /4 SUPPORTED 1111 SURFACE FLOW DIVERSION EmEHEIIEHEHEII=nl 111= i�fil=1 +f1=11=1I1=1I I —I I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1=1I1-1I1=' � i=1I1-1I1-1 �' -I I1=1I11I1=1I1=1I1=1 T 1=1I1= - =1 T 1-11 I H I. III-1I11I1= liiilll���lll- ��ORIGINAL = STREAMBANK =AV CROSS \C BR INSTALLATION NOTES: 1. REFER TO "NORTH CAROLINA DIVISION OF FOREST RESOURCES" LITERATURE, INSTALLATION MAINTENANCE GUIDELINES, & "NORTH CAROLINA FORESTRY BMP MANUAL-2006". 2. USE A BULLDOZER, KNUCKLEBOOM LOADER, OR SKIDDER TO INSTALL & REMOVE DRAGLINE MATS. 3. KEEP HEAVY EQUIPMENT OUT OF STREAM. 4. INSTALL WATER DIVERSION DEVICES (WATER BARS, TURNOUTS, BROAD —BASED DIPS, ETC.) ON BOTH SIDES OF THE MATS. 5. STABILIZE EXPOSED MINERAL SOIL WITH TREE TOPS OR BRUSH DURING MAT INSTALLATION, AND SEEDING/MULCH AFTER MAT REMOVAL. 6. INSTALL MATS TO CREATE A MINIMUM TEN FOOT BRIDGE WIDTH. MAINTENANCE NOTES: 1. KEEP MATS' SURFACE FREE OF MINERAL SOIL AND DEBRIS THAT COULD ENTER STREAM. 2. PERIODICALLY CHECK MAT HARDWARE; RETIGHTEN NUTS & CABLE CLAMPS AS NECESSARY TO MAINTAIN BRIDGE STRENGTH AND INTEGRITY. 3. IMMEDIATELY REMOVE ANY DEBRIS WHICH ENTERS THE STREAM AT THE CROSSING LOCATION. REMOVAL NOTES: 1. CLEAN OFF BRIDGE SURFACE. 2. REMOVE MATS BY USING MAT CABLE LOOP OR SKIDDER GRAPPLE. 3. PERMANENTLY STABILIZE DISTURBED PORTIONS OF STREAM BANK AND APPROACH ROADS WITH PERENNIAL GRASSES/MULCH (OR WETLAND MIX WHEN APPLICABLE). 4. LEAVE APPROPRIATE WATER DIVERSION STRUCTURES IN PLACE ON BOTH SIDES OF STREAM. DC V AT) NOT TO SCALE IMPOUNDED WATER TO BE PUMPED TOP OF BANK-\ SANDBAG COFFERDAM TOP OF BANK BOTTOM OF BANK FLOW DIRECTION STREAM BOTTOM -\ BOTTOM OF BANK TOP OF BANK ANDBAGS PUMP PUMP INTAKE \ -SANDBAGS 8 FT SANDBAG COFFERDAM SCALE: NTS GENERAL NOTES 1. PLACE SANDBAGS ON ALTERNATING HEADER COURSES AND STRETCHER COURSES 2. SIZE PUMP ACCORDING TO FLOW 3. SIZE FILTER SOCK ACCORDING TO PUMP CAPACTfY 4. AVOID WORK WITHIN STREAM AREA DURING TIMES OF ANTICIPATED RAINFALL FILTER SOCK TEMPORARY SANDBAG STREAM COFFER DAM AND PUMP -AROUND DIVERSION DETAIL • LEGEND Site Boundary 1 , its--- .:_-- 4NM Drawing 1 USGS Topographic Map Gibsonville, NC Quadrangle Scale: 1" = 2,000' P1I.01®� P I LOT f N V I P O N M E N T A L. I N C USGS Topographic Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 Drawing 2 USDA Web Soil Survey of Guilford County, NC Scale: 1" = 200' P1I.01®� P I LOT f N V I P O N M E N T A L. I N C Web Soil Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 Drawing 2A USDA Published Soil Survey of Guilford County, NC Published 1977 Sheets 24 and 30 Not to Scale P1I.01®� P I LOT f N V I P O N M E N T A L. I N C LEGEND Site Boundary Published Soil Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 LEGEND Site Boundary - Freshwater Emergent Freshwater Forested/Shrub - Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake Riverine Other Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 200' P1I.01®� P I LOT f N V I P O N M E N T A L. I N C NWI Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 NIMAL F.I!OOD LEGEND Site Boundary ▪ 1 %Annual Chance Flood Hazard R egulatory Floodvay * Special Floodvay Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard ▪ Future Conditions 1 %Annual Chance Flood Hazard IA Area with Reduced Risk Due to Levee Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 400' P1I.01®� P I LOT f N V I P O N M E N T A L. I N C FEMA FIRM 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 70 Stream Flags = Flagged at intersections with the site boundary; surveyor locate V 2VV///1 I///////A LEGEND Site Boundary Perennial Stream 1 Wetland DP-1 • Data Point WA 1-2 Flag Number/Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THE DELINEATION WAS CONDUCTED BY PILOT PERSONNEL ON 4.21.2021. THE DELINEATION WAS VERIFIED VIA DESKTOP REVIEW BY MR. JAMES LASTINGER WITH THE USACE (SAW 2021-02241, DATED 11.23.2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 200' Date: 4.27.21 P1I.01®� P I LOT f N V I P O N M E N T A L. I N C Wetland Map 7239 Burlington Road Approximate 19-Acre Tract Gibsonville, Guilford County, NC Pilot Project 6757 NCSHPO HPO tj c, .. ..maps.arcgn.comhpostxehapp.we• rdexhlm171E1,79effi71eixk.G(391000a2AdS15ed7 HPOWEB 2.0 General Audience KYE.p T {Ds ry - 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: 2022-0033301 Project Name: Rock Creek Station Apartments April 19, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/19/2022 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see hops://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. 04/19/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 04/19/2022 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 04/19/2022 2 Project Summary Project Code: 2022-0033301 Event Code: None Project Name: Rock Creek Station Apartments Project Type: Residential Construction Project Description: The site is located at 7239 Burlington Road. The site contains wooded land. The site is proposed for development with an apartment complex. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@36.0800846,-79.56128446093169,14z Counties: Guilford County, North Carolina 04/19/2022 3 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 STATUS Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/19/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Sep 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 04/19/2022 2 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 04/19/2022 3 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. - probability of presence breeding season 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 1111 1111 Mil 1111 1111 1111 1111 ----1111 1111 1111 1111 Vulnerable Red-headed Woodpecker BCC Rangewide ---- ---- --I- -----III 11111111111111-- ---- (CON) Wood Thrush BCC Rangewide ---- —III 111111111111---- ---- (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. 04/19/2022 4 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. 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). 04/19/2022 5 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be 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. 04/19/2022 6 IPaC User Contact Information Agency: Pilot Environmental, Inc. Name: Michael Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email mbrame@pilotenviro.com Phone: 3367084620