20190635 Ver 2_More Info Received_20220630

Strickland, Bev
From: Brad Luckey <[e-mail]>
Sent: Thursday, June 30, 2022 5:53 PM
To: [e-mail]; [e-mail]
Cc: Homewood, Sue
Subject: [External] RE: Request for Additional Information: SAW-2019-00781 (The Pilot at
Sedgefield / Greensboro / Guilford County / residential)
Attachments: Pilot At Sedgefield Tracts 1 and 5 DMS Acceptance.pdf; Overall Stream and Wetland
Impact_6.30.22.pdf; pic 2.jpg; pic 1.jpg
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Good Afternoon David and Sue,
Please find the attached and below responses. Please let me know if you require additional information and let me
know the status of the SHPO response, I believe it should have been back this week potentially. Thank you for your
assistance.
USACE RFI 1) The "Overall Wetland and Stream Impact Exhibit does not include the entirety of the northern portion of
the proposed development. Please provide this plan view of the layout and infrastructure (roads, utilities, stormwater,
etc.) for the entire proposed development, including any potential connections to adjacent tracts/parcels. This plan is
necessary to evaluate avoidance and minimization measures and potential secondary and cumulative impacts of the
project
Applicant Response: Please find attached overall impact exhibit to show entirety of the northern portion of the site.
USACE RFI 2) Please reference Special Condition 2 of NWPs 12 (SAW-2019-00781) and 29 (SAW-2018-01939), verified on
10/25/2019 and 10/28/2019, respectively, which states:
Please note that this project is considered cumulative with all current and future phases of The Pilot at Sedgefield
development with respect to compensatory mitigation and Nationwide Permit thresholds. As such, impacts permitted for
this project (SAW-2019-00781) are considered cumulative with impacts permitted during phases authorized and
documented under Action ID: SAW-2018-01939.
Although the 0.07 acre of riparian non-riverine wetlands authorized under SAW-2018-01939 has apparently not been
constructed yet, and though we acknowledge that this authorization expired 3/18/2022, these impacts are reasonably
foreseeable as part of the overall The Pilot at Sedgefield single and complete project. As such, these impacts in
combination with the 0.057 acre of permanent wetland impacts proposed as part of the current request, exceed the 0.1
acre threshold per NWP General Condition 23(c); compensatory mitigation is therefore required. Please submit a
compensatory mitigation plan. The mitigation rule generally prescribes purchasing wetland credits first through a
mitigation bank with wetland credits available in this 8-digit HUC (03030003), or second through the NC Division of
Mitigation Services; please provide a mitigation acceptance letter from your proposed compensatory mitigation
provider. Typically, compensatory mitigation is required at a 2:1 credit to impact ratio unless otherwise justified based
on evaluation of aquatic function.
i

Applicant Response: The applicant acknowledges that this project is considered cumulative with all current and future
phases of The Pilot at Sedgefield development with respect to compensatory mitigation and Nationwide Permit
thresholds. As such, impacts permitted for this project (SAW-2019-00781) are considered cumulative with impacts
permitted during phases authorized and documented under Action ID: SAW-2018-01939. The applicant proposes
compensatory mitigation from NCDMS at a 2:1 ratio for the unavoidable net loss impact to 0.057 acres. Private banks in
the watershed that contains the site does not have credits available to satisfy the mitigation proposal. According to the
attached NCDMS letter dated 4.21.22, NCDMS has credits available to satisfy the mitigation proposal.
USACE RFI 3) Given that the proposed project activities occur within a Historic Property (Pilot Life Insurance
Headquarters campus [GF1234] and Sedgefield-Pilot Life Historic District [GF2993]; see Memorandum of Agreement
between the Permittee, the North Carolina State Historic Preservation Officer and the U.S. Army Corps of Engineers,
Wilmington District, dated October 24, 2019), I have initiated consultation with the State Historic Preservation Office;
they require up to 30 days to respond to our coordination request. Please note that I cannot verify the use of any
Nationwide Permit until consultation pertaining to Section 106 of the National Historic Preservation Act is complete
Applicant Response: The applicant acknowledges.
USACE RFI 4) Per NWP General Condition 18, and given recent USFWS concerns regarding suitable Schweinitz's
sunflower and small whorled pogonia as well as potentially suitable habitat for these species occurring in the project
action area, we will initiate informal consultation with the US Fish and Wildlife Service (USFWS) requesting concurrence
with a May Affect Not Likely to Adversely Affect determination. Please note that the Corps cannot verify the use of a
NWP until Section 7 consultation is complete.
Applicant response: Based on USACE RFI #4 and USACE/USFWS email correspondence provided to the applicant dated
5.25.22, Pilot conducted a habitat assessment within the existing power line easement, north of the proposed stream
crossing, to determine if suitable habitat for Schweinitz's sunflower is present within the USACE project area on
6.13.22. Vegetation within the existing power line easement had been chemically treated with herbicide in the most
recent growing season. Saplings of eastern red cedar, sweet gum, pine, elderberry and other woody species are present
within the easement. Additionally, densely vegetated herbaceous species including Japanese stilt grass, multiflora
rose, Chinese privet, golden rod, elderberry, Japanese honeysuckle and various other grass and weed species. Based on
our observations on 6.13.22, suitable habitat for Schweinitz's sunflower is not located within the proposed project
area. Photographs from our 6.13.22 field visit are included as an attachment.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 25, 2022 10:28 AM
To: Brad Luckey <[e-mail]>; [e-mail]
Cc: Homewood, Sue <[e-mail]>
Subject: RE: Request for Additional Information: SAW-2019-00781 (The Pilot at Sedgefield / Greensboro / Guilford
County / residential)
Hi Brad, and thanks for your email. I've provided answers to your questions below:
2

Section 7 Action Area: For the proposed project the Action Area includes the waters of the US that will be directly
affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or
structures. For our purposes, the impact footprints and a 100' radius around each is a good estimate.
Section 106 Permit Area: The Corps has initially determined that the Permit Area conforms to the boundaries of the Pilot
Life Insurance Headquarters Campus (Site ID: GF1234, NRHP Study List) (as the sewer crossing would occur within this
boundary), as well as the waters of the U.S. directly impacted and those portions of the linear crossing rights -of -way
outside of the boundaries of GF1234 whose locations are determined by the location of the proposed crossing(s)
(Appendix C to Part 325 Section (1)(g)(1)&(4)). Please note that there appear to be mapping differences on the HPOWEB
today vs those during our SHPO consultation for SAW-2019-00781/SAW-2018-01939 and subsequent MOA in 2019, so
our Permit Area may adjust depending on clarification from SHPO. I left Katie Harville (NCDCR) a voicemail this morning
to try to get some clarification.
SHPO consultation was initiated on 5/25/2022 (please see attached). We typically receive a response within 30 days,
though those responses have been delayed recently due to staffing.
FWS consultation was initiated on 5/24/2022 (please see attached). We typically receive a response within a few weeks
from the USFWS Raleigh Office, though 30 days is still possible.
Hopefully this information is helpful. Please let me know if you have any questions in the meantime.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Office: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Brad Luckey <[e-mail]>
Sent: Tuesday, May 24, 2022 12:42 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>;
[e-mail]
Cc: Homewood, Sue <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2019-00781 (The Pilot at
Sedgefield / Greensboro / Guilford County / residential)
David —I also forgot to ask you what exactly the USACE project area is too. The way you have described, the project area
for SHPO consultation would occur within the listed district, however general USACE project (i.e. area of impact and
within 100') are not located within the district. Let me know and please provide consultation information for the
applicant's records too. Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
3

336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
From: Brad Luckey
Sent: Tuesday, May 24, 2022 12:39 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>;
[e-mail]
Cc: Homewood, Sue <[e-mail]>
Subject: RE: Request for Additional Information: SAW-2019-00781 (The Pilot at Sedgefield / Greensboro / Guilford
County / residential)
David -thank you for your request for information. Can you please let me know dates when SHPO and FWS consultation
were initiated and when you think they will be completed, or comments will be received?
Sue —please let me know if the Division would like to request anything that the Corps has not.
Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 24, 2022 10:24 AM
To: Brad Luckey <[e-mail]>; [e-mail]
Cc: Homewood, Sue <[e-mail]>
Subject: Request for Additional Information: SAW-2019-00781 (The Pilot at Sedgefield / Greensboro / Guilford County /
residential)
All,
Thank you for your PCN, dated 4/25/2022, for the above referenced project. Please note that, although Action ID SAW-
2018-01939 was referenced in our earlier correspondence, the above referenced Action ID (SAW-2019-00781) is the
appropriate one for this project. I have reviewed the information and need clarification before proceeding with verifying
the use of Nationwide Permit (NWP) 29 (https://saw-reg.usace.army.mil/NWP2021/NWP29.pdf). Please submit the
requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny
verification of the use of the Nationwide Permit or consider your application withdrawn and close the file:
1) The "Overall Wetland and Stream Impact Exhibit does not include the entirety of the northern portion of the
proposed development. Please provide this plan view of the layout and infrastructure (roads, utilities,
stormwater, etc.) for the entire proposed development, including any potential connections to adjacent
tracts/parcels. This plan is necessary to evaluate avoidance and minimization measures and potential secondary
and cumulative impacts of the project;
4

2) Please reference Special Condition 2 of NWPs 12 (SAW-2019-00781) and 29 (SAW-2018-01939), verified on
10/25/2019 and 10/28/2019, respectively, which states:
Please note that this project is considered cumulative with all current and future phases of The Pilot at Sedgefield
development with respect to compensatory mitigation and Nationwide Permit thresholds. As such, impacts
permitted for this project (SAW-2019-00781) are considered cumulative with impacts permitted during phases
authorized and documented under Action ID: SAW-2018-01939.
Although the 0.07 acre of riparian non-riverine wetlands authorized under SAW-2018-01939 has apparently not
been constructed yet, and though we acknowledge that this authorization expired 3/18/2022, these impacts are
reasonably foreseeable as part of the overall The Pilot at Sedgefield single and complete project. As such, these
impacts in combination with the 0.057 acre of permanent wetland impacts proposed as part of the current
request, exceed the 0.1 acre threshold per NWP General Condition 23(c); compensatory mitigation is therefore
required. Please submit a compensatory mitigation plan. The mitigation rule generally prescribes purchasing
wetland credits first through a mitigation bank with wetland credits available in this 8-digit HUC (03030003), or
second through the NC Division of Mitigation Services; please provide a mitigation acceptance letter from your
proposed compensatory mitigation provider. Typically, compensatory mitigation is required at a 2:1 credit to
impact ratio unless otherwise justified based on evaluation of aquatic function;
3) Given that the proposed project activities occur within a Historic Property (Pilot Life Insurance Headquarters
campus [GF1234] and Sedgefield-Pilot Life Historic District [GF2993]; see Memorandum of Agreement
between the Permittee, the North Carolina State Historic Preservation Officer and the U.S. Army Corps of
Engineers, Wilmington District, dated October 24, 2019), I have initiated consultation with the State Historic
Preservation Office; they require up to 30 days to respond to our coordination request. Please note that I cannot
verify the use of any Nationwide Permit until consultation pertaining to Section 106 of the National Historic
Preservation Act is complete;
4) Per NWP General Condition 18, and given recent USFWS concerns regarding suitable Schweinitz's sunflower and
small whorled pogonia as well as potentially suitable habitat for these species occurring in the project action
area, we will initiate informal consultation with the US Fish and Wildlife Service (USFWS) requesting concurrence
with a May Affect Not Likely to Adversely Affect determination. Please note that the Corps cannot verify the use
of a NWP until Section 7 consultation is complete.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Office: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
5

From: RaleighNCREG <[e-mail]>
Sent: Tuesday, April 26, 2022 2:30 PM
To: Brad Luckey <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Subject: SAW-2018-01939 (The Pilot at Sedgefield / Senior Living Facility / 5300 High Point Road / Tract 4 / Greensboro /
Guilford County/ residential)
Good Afternoon,
Your Pre -Construction Notification (PCN) NWP 29 request for the above project has been received.
Dave- docs forwarded in your folder.
Thank you,
Josephine Schaffer
From: Brad Luckey <[e-mail]>
Sent: Monday, April 25, 2022 9:25 PM
To: RaleighNCREG <[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>; Heather LaGamba <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] SAW-2018-01939, Pilot At Sedgefield Tracts 1 & 5, High Point Road,
Guilford Co, NC, NWP 29 (Pilot 1631.6)
Good Monday Evening Corps —please find attached PCN for NWP 29 Verification request. Please let me know if you
require additional information and please inform me of your schedule to initiate SHPO consultation.
Sue -we will upload to DWR tomorrow. I think this is enough information and summary of pre -application meeting
during site visit for 401 prefile, but if not then please let me know.
Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
6

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
NORTH CAROLINA
Director Environmental Quality
April 21, 2022
Greg Jonczyk
Sedgefield NC, LC c/o Craig Davis Properties
8000 Weston Parkway, Suite 360
Cary, NC 27513
Expiration of Acceptance: 10/21/2022
Project: Pilot At Sedgefield Tracts 1&5 County: Guilford
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Cape Fear
03030003
Riparian Wetland
0.15
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
cc: Bradley Luckey, agent
flIEC)-?)
N) TH CAR ! INA
Sincerely,
AdiyhAlitcevytoo
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

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PILOT AT SEDGEFIELD
Overall Wetland and Stream Impact Exhibit- June 1, 2022
0
SCALE 1 "=250'
250'
500'
LEGEND
/////////
PROPOSED CONTOUR
EXISTING CONTOUR
STREAM/ CREEK
WETLAND
PERMANENTLY
DISTURBED WETLAND
DISTURBED EXEMPT
ZONE 2 BUFFER
DISTURBED EXEMPT
ZONE 3 BUFFER
DISTURBED ZONE 1
BUFFER
TEMPORARILY
DISTURBED WETLAND
�••••.
•
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
SA107151726-Pilot_at SedgefieldlDWG1SheettExhibitlS ream Crossing Impact Ediibits15[ream Crossing Impact Exhibits.dwg 1 Plotted on 6/11202211:57 AM 1 by Maegan Martin