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Home My WebLink About20190635 Ver 2_401 Application_20220426Staff Review Form NORTH CAROLINA EnNmnmenfei Qea(Uy Updated September4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20190635 Version* 2 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: 7/8/2020 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Pilot at Sedgefield Tracts 1 & 5 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 1631.6_Pilot Sedgefield Tracts 1 and 6.04MB 5_PCN_4.25.22.pdf 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: ,t 00. Ea+a€r Submittal Date: Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2018-01939 Prepare file folder ❑ Begin Date (Date Received): Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Sedgefield at Sedgefield Tracts 1 & 5 2. Work Type: Private Institutional Government 3. Project Description / Purpose [PCN Form B3d and B3e]: attached 4. Property Owner / Applicant [PCN Form A3 or A4]: attached 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Brad Luckey, Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: Commercial 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 5300 High Point Rd, Greensboro, Guilford County, NC 36.021163/-79.886918 8. Project Location — Tax Parcel ID [PCN Form Bla]: attached 9. Project Location — County [PCN Form A2b]: Guilford 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Greensboro 11. Project Information — Nearest Waterbody [PCN Form B2a]: Reddicks Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: 03030003 Authorization: Section 10 fl Section 404 Section 10 and 404 ❑ Regulatory Action Type: ❑ Standard Permit ❑ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request ❑Pre -Application Request n Unauthorized Activity F7 Compliance FINo Permit Required Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: 10 Permit a Section 404 Permit ❑ Section 1 b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes a No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization a 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes // No ❑ Yes a No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes a No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes a No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: Pilot at Sedgefield-Tracts 1 & 5 2b. County: Guilford 2c. Nearest municipality / town: Greensboro 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Sedgefield NC. LP c/o Craig Davis Properties, Inc. 3b. Deed Book and Page No. 6920/1579-1584 3c. Responsible Party (for LLC if applicable): Mr. Greg Jonczyk 3d. Street address: 5790 Fleet Street, Suite 300 3e. City, state, zip: Cary, NC 27513 3f. Telephone no.: 919.678.4301 3g. Fax no.: 3h. Email address: greg.jonczyk@craigdavisproperties.com Page l of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no: 4g. Fax no: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no: 336.708.4997 5f. Fax no: 5g. Email address: bluckey@pilotenviro.com Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 7832786157 1b. Site coordinates (in decimal degrees): Latitude: 36.02194 Longitude: 79.88637 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 43 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Riddicks Creek 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of Tracts 1 & 5 within the former Pilot Life Insurance campus. The remainder of the site contains wooded land and fields. The site is located in a mixed use area of Greensboro, Guilford County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: —0.75 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: -2,800 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to develop a single and multi family residential subdivison. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the site with single and multi -family residential subdivision. To provide access to the northern portion of the site, it is necessary to install a road crossing that will impact wetlands. Additionally, to provide sanitary sewer services to the site, a wetland crossing is necessary. Lastly, the proposed dam breach to a drained pond will result in a temporary stream impact associated with removal of the former pond outfall structure. To facilitate development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: 0 Yes ❑ No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? �� Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Michael Brame/David Brame (Pilot, Drawing 5) Agency/Consultant Company: Pilot Enviromental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2018-01939, Field Verification USACE and DWR 7.8.20. USACE JD Pending. DWR Site Letter 8.24.20. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 0 Yes ❑ No Unknown 5b. If yes, explain in detail according to "help file" instructions. SAW-2018-01939 MOA dated 10.24.19 & NCDWR WQC 2019-0635 dated 7.25.19 for temporary impact to 0.008 acres of wetlands and temporary impact to 91 linear feet of stream channel to provide sanitary sewer services to Lots 2, 3 &4. Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The project is part of a phased project. SAW-2018-01939 MOA dated 10.24.19 & NCDWR WQC 2019-0635 dated 7.25.19 for temporary impact to 0.008 acres of wetlands and temporary impact to 91 linear feet of stream channel to provide sanitary sewer services to Lots 2, 3 & 4. It's the applicant's understanding that previously Tract 4 obtained a 404/401 authorization and/or requested 404/401 authorization to permanently fill 0.07 acres of wetlands associated with the construction of a single living facility sometime in 2019. To the applicant's and agent's knowledge, these impacts have not occurred and the authorizations, if they were issued, have since expired. It is the applicant's and agent's understanding that Tract 2 has been developed without impact to waters. The applicant is not aware nor involved with a proposal to impact waters on other lots in the larger Pilot at Sedgefield. Page 4 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Open Waters ® Streams - tributaries ❑ Buffers ❑ Pond Construction Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number — Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 2f. Area of impact (acres) Road Crossing Unknown Yes a Corps 0.057/0.019 W1 a P a T a No ❑ DWQ Sewer Unknown Yes a Corps 0.038 W2 ❑ P a T ❑ DWQ a No W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T Yes ❑ No Corps❑ ❑ DWQ W5 ❑ P ❑ T Yes ❑ No Corps❑ ❑ DWQ W6 ❑ P ❑ T Yes ❑ No Corps❑ ❑ DWQ 2g. Total wetland impacts 0.057/0.057 2h. Comments: Wetland Impact # 1 will permanently impact 0.057 acres (2,492 SF) of wetlands and temporarily impact 0.019 acres (846 SF) of wetlands associated with a proposed road crossing. Wetland impact # 2 will temporarily impact 0.038 acres (1,677 SF) associated with the open cut and backfill installation of a proposed sewer line. Areas of temporary impact will be restored to native elevations and seeded with maintained herbaceous vegetation. Mitigation is not proposed for the impact to the wetlands. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ — non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) Pond Breach/Culvert Removal Unnamed Variable 15 a PER 0 Corps S1 ❑ P aT ❑INT ❑ DWQ Sewer Line Unnamed a PER a Corps Variable 23 S2 ❑ P aT ❑ INT ❑ DWQ S3 ❑ P ❑ T Unnamed ❑PER ❑ INT ❑Corps ❑ DWQ S4 ❑P❑T ❑PER ❑ INT ❑Corps ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ 3h. Total stream and tributary impacts 91 3i. Comments: Stream Impact # 1 will temporarily impact 15 linear feet of perennial stream channel associated with a pond breach. Stream Impact # 2 will temporarily impact 23 linear feet of perennial stream channel associated with the open -cut backfill Page 6 of 13 PCN Form — Version 1.3 December 10, 2008 Version installation of a sewer line. Areas of temporary stream impact will be restored to similar pre -construction grade for stream beds/banks and stabilized with natural fiber containing matting and native herbaceous seed mix. Mitigation is not proposed for unavoidable impact to streams. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 P T 03 P T 04 P T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond If pond or or Lake Construction lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes yes, permit ID no: 0 No If 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 7 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Catawba ❑ Tar -Pamlico ❑ Other: Randleman 0 6b. Buffer impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 ❑P❑T Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: A No Practical Alternative's Buffer Authorization request is being submitted to the delegated local municipality separate of this application. It is the applicant's understanding that a buffer authorization will be issued for the allowable impact to the buffers as part of site plan review and approval by the local delegated municipality. The applicant requests NCDEQ-DWR issue a conditional 401 approval pending local delegated municipality issuance of the buffer authorization. D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant has designed the road crossing to access the northern portion of the site in the location that the wetland is narrow, thus significantly avoiding additional permanent net loss impact to wetlands. Based on the alignment of the proposed road crossing, the applicant has avoided building pad/lot fill net loss impacts to wetlands. Furthermore, the applicant is utilizing retaining walls up to 6' in height to avoid additional sideslope net loss fill to presumed 404 and non-404 jurisdictional wetlands from the road crossing and lots, building pads and parking areas. The applicant evaluated crossing the wetland to access the northern portion of the site at the existing crossing location; however, this design would have resulted net loss permanent impact to a perennial stream, the perennial stream's surface water buffer and additional wetlands than those proposed in this application. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence or other BMPs will be installed. The top one foot of native stream bed and wetland material will be excavated, stock -piled in uplands and used to back -fill the proposed sewer crossing location. Following construction, disturbed stream banks and wetlands will be restored to similar pre -construction grade, matted with natural fiber containing matting as applicable and seeded with native herbaceous vegetation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes 0 No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 0 Yes ❑ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Buffer Authorization will be obtained from the local delegated municipality. ❑ Yes 0 No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: A stormwater management plan is being submitted to the delegated local municipality separate of this application. It is the applicant's understanding that the stormwater management plan approval will be obtained by the local delegated municipality. The applicant requests NCDEQ-DWR issue a conditional 401 approval without receipt of the local delegated municipality stormwater management plan approval. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? // Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Greensboro 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): // Phase II NSW ❑ USMP 0 Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes 0 No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes // No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes /1 No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: We are not aware of a NEPA or SEPA being required as part of this project. ❑ Yes /1 No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes /1 No 2b. Is this an after -the -fact permit application? ❑ Yes /1 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes 0 No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Additional impacts to waters associated with sanitary sewer service to the site is not proposed outside of those proposed within this application. Page 11of13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes // No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes /1 No 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The IPaC report for the site identifies the following federally protected endangered or threatened species: small whorled pogonia (T) and Schweinitz's sunflower (E) as protected species that could proximate to the site. The project area and immediate vicinity contain a drained pond basin that has reverted to emergent wetlands and a maintained front yard/grassed area. Suitable habitat for neither small whorled pogonia nor Schweinitz's sunflower are located within or proximate to the proposed project area. Therefore, we have made a determinaton of no effect for these species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes // No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The project area occurs outside of the designated convservation easement assoicated with MOA dated 10.24.22 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes 0 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM (Drawing 4, Verification Package) Bradley S. Luckey Applicant/Agent's Printed Name Bradley Digitally signed by Bradley Luckey DN: cn=Bradley Luckey, o=Pilot Enviromental, Inc., ou, Luckey email=bluckey@pilotenviro.com, c=US Date: 2022.04.25 21:17:15-04'00' 4.25.22 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version moposalforEnvironmental Services Pilot Proposal 1631.6 November 17, 2021 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Applicant Information: Name: Address: Telephone Number: Fax Number: E-mail Address: Signature: Greensboro, NC 27407 Sedgefield NC, LP c/o Craig Davis Properties, Inc. 80OOWeston Parkway Suite 360 Cary, NC 27513 813'678'4301 918-678-0801 greg.jonczyk@craigdavisproperties.com Date: J I 1"L 4 '. Access G X GIS Dat& X 6 sorgurn • x NC Current= X ii€ IPaC: ESQ- X 1 si Species X I Species x Contact • X e3 Electron, X NC Dep.- x HPGWEI X ' - Inl X c ' li gisdv.guilordeouratync.gov/gilfar / Lr `! It 0 At 41 NC HUCs liai Soil Surveys by Stat... ;� :=� Search Select L Web - F - I Info I Map Themes Print A` ► . f. .'�." 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PLAN BTOP OF _BAN, PUMP TEMPORAR STONE DAM POL AETHVLENE FABRIC ON FACE TB ML. THICX) CROSSING PIPE I.TALL SA.BASS IN PIPE INVERT 6 FABRIC MNTL£ PUMPING AROUND DURING CONSTRUCTION IN STREAM. 7.S is .vc. .70 B RE VOFLOM THROUGH - PIPE & WHEN NOT PUMPING AROUND. SECTION A -A CITY OF GREENSBORO STANDARD TEMPORARY CREEK CROSSING DURING CONSTRUCTION 21.3 REV. 01-g1 06-05 03-9>09-05 03-05 f • TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. S:\107\51726-Pilot_at_Sedgefield\DWG\Sheet\Exhibit\Stream Crossing Impact Exhibits\Stream Crossing Impact Exhibits.dwg I Plotted on 4/18/2022 3:08 PM I by Maegan Martin Mil a n uulurr. a- 141][4 N.IX United States Department of the Interior FISH AND WILDLIFE SERVICE . : 4lit'ff 3 '/'% 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: April 26, 2022 Project Code: 2022-0035677 Project Name: Pilot At Sedgefield Tracts 1 & 5 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 04/26/2022 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 https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. 04/26/2022 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 04/26/2022 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 04/26/2022 2 Project Summary Project Code: 2022-0035677 Event Code: None Project Name: Pilot At Sedgefield Tracts 1 & 5 Project Type: Commercial Development Project Description: Residential Development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@36.0214314,-79.88971478586691,14z x{6 Counties: Guilford County, North Carolina 04/26/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened Population: No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/1890 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/26/2022 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) MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 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. 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. 04/26/2022 2 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding,wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or(if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 04/26/2022 3 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort(indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/26/2022 4 IPaC User Contact Information Agency: Pilot Enviromental, Inc Name: Bradley Luckey Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27285 Email bluckey@pilotenviro.com Phone: 3367084997 Access X 1 : . GIS Data, X 1 6 sorgurn • 3( NC Current= }C u IPaC: ES- X _ Species X I i Species X 1M Contact • X CM Electron, X NC Dep.- X a HPOWEi X + — ln X e ili nc.naps.arcgis.carniappsivvebappvieweilindex.html?ici=79ea67'iebdcc45639f0S60257d5f5ec17 1± * *. 0 • 0 NC HUCs 0 Soil Surveys byStat... ' ! 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Interrnap, NGA, LISGS '" Vilily \ f —.Ewe— IPac_425.21.pdf A Show all X -r-,. ,—� iiiimim. gill IS 6 • in73'F Clear 9:01 PM .� oa O �'a 422022 NCDEQ-DWR 401 Pre-File Documentation to Request WQC: The applicant's agent conducted field verification assessments with Ms. Sue Homewood with the NCDEQ- DWR and Mr. David Bailey with the USACE on July 8, 2019. Based on the agent's field notes from the meeting, there were discussions of proposed future impacts to waters associated with: 1) road crossings and culvert replacements, specifically discussions that there were not interconnectivity requirements between Tracts 1 & 2 and/or Tracts 3 &4; 2) the pond breach was designed to avoid net loss impact to waters and that at the time the agents did not think the pond breach would result in any impacts to waters 3) the sewer line crossing to provide sewer service to the northern portion of the site and specifically deviations to accommodate this project comparatively to previously disclosed master site planning provided in 2019 Based on the above documentation, it is the applicant and agent's presumption that the field visit on July 8, 2019 and associated project development discussions related to impacts to waters constitutes a pre application meeting in accordance with applicable federal law reinstated on April 7, 2022. The applicant does not request further pre-application meetings prior to submittal of this PCN to obtain NCDEQ-DWR WQC for the proposed project.