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HomeMy WebLinkAbout20220896 Ver 1_401 Application_20220630Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220896 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: 4/19/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Long Creek Village (Mizpah Church 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) Forsyth Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 5462.1_Long Creek Village_PCN_6.30.22.pdf 18.01MB 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 - 2022 - 00653 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Mizpah Church Road- Long Creek Village 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The site is an approximate 150-acre tract located off of Mizpah Church Road in Rural Hall, Forsyth County, North Carolina that is proposed for residential development. The site contains wooded land and timbered land. 4. Property Owner / Applicant [PCN Form A3 or A41: BHR Land Holdings/Carolina Developement Service: 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental / David Brame 6. Related Action ID Number(s) [PCN Form B5b]: SAW - 2022 - 00653 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Mizpah Church Road in Rural Hall, Forsyth County, North Carolina 36.205437°,-80.320500' 8. Project Location— Tax Parcel ID [PCN Form Bla]: 6809-96-6493 9. Project Location — County [PCN Form A2b]: Forsyth County 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Rural Hall 11. Project Information — Nearest Waterbody [PCN Form 132a]: Muddy Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin Pee Dee / 03040101 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 NJ STAT� � y I> NORTH CAROLINA Environmentaf Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.205302' Longitude (DD.DDDDDD): 80.319172' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.goviWaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army. mil/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide- Perm its/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. 4/19/2022 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, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form -Version 1.5, September 2020 0 Nationwide Permit (NWP) 1 b. Permit type(s)? * ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ❑ Yes 0 No NWP number(s): NWP 29 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes 0 No For the record only for Corps Permit: * ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ 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 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes 0 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.miI/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? * Jonathan McCall 1 b. Primary Contact Email: * Jmccall@carolina-development.com 1 c. Primary Contact Phone: i (###)###-#### (704) 774-1964 1 d. Who is applying for the permit/certification? _ (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? Z Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * BHR Land Holdings, LLC 2b. Deed Book and Page No.: 003501 - 00374 2c. Responsible Party (for corporations): Ben Russell 2d. Address i Street Address: 4389 Indian Trail Fairview Road Address line 2: k-BUK LU C[R City: Indian Trail State/ Province/ Region: NC Postal/ Zip Code: 28079 Country: United States 2e. Telephone Number: * (###)###-#### 707-288-7826 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * ben@pinnaclehomesusa.net 3. Applicant Information (if different from owner) 3a. Name: Jonathan McCall 3b. Business Name (if applicable): Carolina Development Services, LLC 3c. Address: Street Address: 2627 Breckenridge Centre Dr Address line 2: Click to ent�, City: Monroe State/ Province/ Region: North Carolina Postal/ Zip Code: 28110 Country US 3d. Telephone Number: (###)###-#### 704-774-1964 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Jmccall@carolina-development.com 4. Agent/ Consultant (if applicable) 4a. Name: * David S. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersvi Ile State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: * (###)###-#### (336) 708-4617 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * dbrame@pilotenviro.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.miI/Missions/Reg ulatory-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 1a. Name of project: * Long Creek Village 1 b. Subdivision name (if appropriate): none 1c. Nearest municipality/town: * Rurall Hall, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6809-96-6493 2b. Property size (in acres): 150 2c. Project Address: Street Address: Mizpah Church Road Address line 2: Click to enter. City: Rurall Hall State/ Province/ Region: NC Postal/ Zip Code: 27045 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 36.205302° Longitude (-DD.DDDDDD): *-80.319172° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Muddy Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6el25ad7628f494694e259c8Odd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011302 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site contains timbered land and wooded land. A pond, designated as Paitts Lake, is located on the western portion of the site. Several streams are located throughout the site, including Muddy Creek on the western portion. Wetlands are located adjacent to the streams. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The surrounding properites consists of roads, wooded lands and residential development. 4b. Have Corps permits or DWR certifications been obtained for this i] Yes X No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): [Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 5.24 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 7,150 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 13.5 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivsion. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of the Long Creek Village residential subdivision. The residential subdivision will consist of 325 single family residential lots, 59 apartment units and associated amenities. The site will be located on 110 acres and contain 3.5 units per acre with 30.6 built upon acres. The site will contain 6 permanent stormwater ponds. The site will connect to existing sewer infrastructure on the site. Four entrances, two to the residential subdivision and 2 to the apartment complex are required to satisfy development and safety ordinances. Two culverted stream/wetland crossings are proposed in order to facilitate the proposed development and provide dual access to the residential subdivision. Wetland impacts are proposed to facilitate construction of the roadways, sidewalk and lots. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by Pilot Environmental in December 2019. Name (if known): David Brame/Michael Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter. Page 6 of 21 PCN Form - Version 1.5, September 2020 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed Concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2022-00653 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. March 25, 2022 — confirmed by Ms. Samantha Dailey. E-mail concurrence attached 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. The site is a proposed single phase development. No additional phases are proposed. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 Streams - tributaries la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Culvert Permanent DWA Bottomland Yes Both 0.156 Hardwood Forest W2 Culvert Permanent DWC Bottomland Yes Both 0.130 Hardwood Forest W3 Fill (Incl. Permanent DWA Bottomland Yes Both 0.047 Riprap) Hardwood Forest W4 Fill (Incl. Permanent DWA Bottomland Yes Both 0.078 Riprap) Hardwood Forest W5 Fill (Incl. Permanent DWB Headwater Yes Both 0.0867 Riprap) Forest W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.499 ac 2g3. Total wetland impacts 0.499 ac 2h. Comments: Five wetland impacts are proposed. Wetland impact W1 (W1A/W1B) is for impact associated with the northern entranceway and required bottomless arch culvert and riprap dissipater. Wetland impact W2 is for impact associated with the eastern entranceway and required traditional culvert and riprap dissipater. Wetland impacts W3 and W4 are for impact associated with side slopes to accommodate lots 41, 42 and the cul-de-sac. Wetland impact W5 is for impact associated with the construction of Bearskin Loop roadway and associated sidewalks and lots 191, 209 and 210. 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 3a. 3b. 3d. 3e. 3f. 3g. 3h. Site #* Impact Reason/ Impact Stream Name* Stream Jurisdiction Stream Width Impact length Type* Duration* Type* Type* (avg ft) * (linear ft) S1 Other Temporary DSB Perennial Both 4 0 S2 Fill (Ind. Riprap) Permanent DSB Perennial Both 4 15 S3 Dewatering Temporary DSB Perennial Both 4 5 S4 Dewatering Temporary DSB Perennial Both 4 20 S5 Crossing/ Culvert Permanent DSD Perennial Both 1.5 202 S6 Fill (Ind. Riprap) Permanent DSD Perennial Both 1.5 15 S7 Dewatering Temporary DSD Perennial Both 1.5 5 S8 Dewatering Temporary DSD Perennial Both 1.5 15 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: 232 linear ft M. Total temporary stream impacts: 45 linear ft 34. Total stream and ditch impacts: 277 linear ft 3j. Comments: S1 — Stream location 1 includes installation of a bottomless arch culvert. There will be no permanent or temporary fill associated with installation of the bottomless arch culvert. S2 — Stream location 2 includes 15 LF (60 SF) of fill associated with a riprap dissipater downstream of the bottomless arch culvert. Riprap will be installed flush with the existing stream bed. S3 — Stream location 3 includes 5 LF (20 SF) of temporary fill for coffer dam located downstream of the bottomless arch culvert if needed during installation of the bottomless arch culvert. S4 — Stream location 4 includes 20 LF (80SF) of temporary fill for coffer dam located upstream of the bottomless arch culvert if needed during installation of the bottomless arch culvert. S5 — Stream location 5 includes 202LF (303 SF) of permanent fill for the installation of a traditional culvert, headwalls and endwalls at the eastern crossing. S6 — Stream location 6 includes 15 LF (22.5 SF) of permanent fill with a riprap dissipater downstream of the traditional culvert to be installed flush with the exisiting stream bed. S7 — Stream location 7 includes 5 LF (7.5 SF) of temporary fill for coffer dam located downstream of the traditional culvert. S8 — Stream location 8 includes 15 LF (22.5 SF) of temporary fill for coffer dam located upstream of the traditional culvert. Page 10 of 21 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site # Impact Reason/ Impact Waterbody Name Waterbody Jurisdiction Impact area (ac) Type Duration* Type* Type* 01 Choose one Temp/ slick to enter. Choose one Choose one Click to enter Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to clicK to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enf— pnfcr enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: :lick to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to develop the site and provide the required dual access and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, use of headwalls and endwalls and use of retaining walls were used to further reduce impacts to streams and wetlands. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly 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? * 0 DWR 0 Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Brushy Mountatin Mitigation Bank 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.499 Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: A Statement of Availability (SoA) provided by Restoration Systems, LLC is attached. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4h. Comments: DMS has been contacted and will used to secure wetland mitigation credits should private bank credits not be available at the time of purchase. 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 ❑ Yes X No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose 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 ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes 0 No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * El Yes 0 No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? 0 Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- 0 Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply) * 0 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 x❑ Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using.* City of Winston-Salem x❑ Phase II ❑ HQW or ORW State Stormwater Programs ❑ Coastal Counties ❑ Other Comments: A SWMP has been submitted to the City of Winston-Salem for review and approval. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes X No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑Yes ❑ No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: 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 ❑Yes X No (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s) Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes X No downstream water quality? * 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into an existing sewer line that is located on the site. The sewer line will be bored beneath Muddy Creek. Additional impacts associated with sewage disposal are not proposed. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes M No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes M No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes M No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes M No Link to NLEB SLOPES document: http://saw-re.g.usace.army.miI/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes 0 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, ❑ Yes 0 No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 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 4 listed species are identified on the IPaC report (attached). The Northern long-eared bat, bog turtle, Schweinitz's Sunflower and Monarch butterfly are included by the IPaC as federally listed species identified within the project area. Bat hibernacula is not located on the site. The site contains areas of limited or low quality suitable summer roosting habitat. Similar or higher quality suitable summer roosting habitat was observed on surrounding properties. Percussive activities including blasting or driving piles are not anticipated as a result of construction of the proposed project. Based on a review of the June _1_2016_NLEB _HUC12 NLEB shapefiles obtained from the Asheville Ecological Services Field Office website, the 12-digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 75 miles from the site. Based on the distance from known hibernacula and roost trees and the availability of similar suitable habitat on nearby properties, the proposed project is not likely to adversely affect the Northern long-eared bat. Neither the crossing nor the areas proximate to the crossing contain suitable habitat for the remaining species. According to the natural heritage program, documented occurrences of Schweinitz's sunflower are located 12.5 miles and farther from the site. The bog turtle is listed due to similarity of appearance and the Monarch butterfly is a candidate species. Attach consultation documentation. Page 18 of 21 PCN Form - Version 1.5, September 2020 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑Yes x❑ No Are there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes 0 No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes X No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr..qov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ®Yes x❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office's HPOWEB 2.0. Historic properties that are listed or are eligible for listing on the National Register for Historic Places were not identified on the site or proximate to stream and wetland impacts. 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? * ® Yes X No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. 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: * David S. Brame Signature: 6/30/2022 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal 5462.1 February 24, 2022 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: ZpQtl-, Applicant Information: Name: Address: Telephone Number Fax Number: E-mail Address: —((, L4 - `i--1 L-f - 4 <i w � VY\C C ` I t^- . r, V A Signature V,10 I U Date: 3­ (- 2-0 ZZ- C R DocuSign Envelope ID: 8F24AF5B-8852-44D7-9DC5-C1938DFE43DF Proposal for Environmental Services Pilot Proposal5462.1 February 24, 2022 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: Mizpah Church Road Winston Salem. NC Owner Information: BHR Land Holdings, LLC Address: 4389 Indian Trail Fairvew Road, Indian Trail, NC 28079 Telephone Number: 704-288-7826 Fax Number: E-mail Address: ben@pinnaclehomesusa.net JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein or acting as the duly authorized agent of the owner of record of the property. 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SAMANTHA DAILEY WITH THE USACE (SAW-2022-00653). THI EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 12.18.19. Drawing 5 Wetland Map Satellite Imagery from ESRI°i Mizpah Church Road and Pilot GPS Data :'r}, *, Approximate 150-Acre Tract Scale: 1" = 750' 1 A Rural Hall, Forsyth County, NC Date: 12.20.19 P1 Pilot Project 5462 + f I L 0 T k4 R4 04N l N L X L -INK I i VIA ww 11 40 f 'fit WIN ze wi;;.'.'..IN � 111%0K-M N" I L 9 T IL � B Etm RO ra-sn I� F r L%z Ow _ p lap - - ( UNA 2 r f Ono LEGEND uuLL:r [i Site Boundary Chi Web Soil Map Drawing 2 Mizpah Church Road USDA Web Soil Survey of Forsyth County, NC ';•, Approximate 150-Acre Tract Scale: 1" - 1,000' ,w PILOT Rural Hall, Forsyth County, NC Pilot Project 5462 0119 i i %5' 11V 1H IN 1 AI.I hi Drawing 2A Published Soil Map -'� ' Miz ah Church Road USDA Soil Survey _ '� '�a � ���,..+ ..�r�� ..; ., , p .1 5 Arr .�. t Of Forsyth County, NC . ; f Approximate 150-Acre Tract Published 1976, Sheet 9 -~ ` �,, _ r Rural Hall, Forsyth County, NC Not To Scale PILQT Pilot Project 5462 P 119 t i %5' AV Y V IN I Ak- INC • • I . • . . . . . . . 47.1 __...1.-' . virtic k.;,` 17 R ,., T. §- . . f , i PllBHh t PF01.- — (1., N , . \ .. . - ' •-- - - ,r y N. of Fr ' jr+.E' • •d"' 1 111. -- , LEGEND Site Boundary '�; Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater !Estuarine and Marine 4. Freshwater Pond •„7-) ., Lake Riverine Other i{ Drawing 3 NWI Map Mizpah Church Road USFWS NWI i :yp. = Approximate 150-Acre Tract Wetlands Mapper =� -�=,i ' Rural Hall, Forsyth County, NC Scale: 1" = 1,000' PIL TA Pilot Project 5462 r f L•]T L ti v L V Y V I N I A L.,M C 069UP ' 11212Alk 09 ,lT a �y I o PANEL 7 I�n9i] iy.l %N'7G PANEL' 371.4.6-9-1.0 0 trw �' ,` • LEGEND Site Boundary 1 9`.Annual chance Flood Hazard ORegulatory Floodvay � Sped@I Floodvay / 1 Area of Undetermined Flood Hazard IaLwith Annual Chance Flood Hazard e Conditions 1V¢Annual Chance FIood Hazard Reduced Risk Due to Levee Drawing 4 FEMA FIRM �.,,, y Mizpah Church Road National Flood Hazard Layer., .ti' :, Approximate 150-Acre Tract From FEMA Web Map Service Scale: 1" = 1,000' T �,, Rural Hall, Forsyth County, NC PIL GT Pilot Project 5462 ►Il9 i i ti 5' AV YHlN 1 Tl_ iMC Paitts Lake (13.5 ac) sWA 21-23 (0.021 ac) sWA 19-20 (0.003 ac) (0.037 ac) D5C "O" DP-1 SS A ) (50 LF) 0LFssC (50 LF) ssB r(30 LF) DWA 4-18 (0.293 ac) LEGEND Site Boundary + Stream FLAG NUMBERS/INFO Wetland Pond WETLAND FLAGS = STREAM FLAGS = wa 1-s Flag Number Stream Flags = Limits Culvert Wetland Flags = 299 Total Flags = 299 DP-1 Data Point THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. SAMANTHA DAILEY WITH THE USACE (SAW-2022-00653). TH EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 12.18.19. Drawing 5 Wetland Map Satellite Imagery from ESRI is= ,;- Mizpah Church Road and Pilot GPS Data i• ti' f- T Fs Approximate 150-Acre Tract Scale: 1" = 750' 'a • = Rural Hall, Forsyth County, NC ,�, Date: 12.20.19 PILOT Pilot Project 5462 P 119 i i% 5' A V Y V t N I A L. M C United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0055608 Project Name: Long Creek Village June 17, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed 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.). Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 06/17/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BABE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, 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 Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 06/17/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/17/2022 2 Project Summary Project Code: 2022-0055608 Event Code: None Project Name: Long Creek Village Project Type: Residential Construction Project Description: The site is an approximate 150 acre tract that is being considered for residential development. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.2054687,-80.32430593638288,14z L""rc�ILrhn r.� 0 Counties: Forsyth County, North Carolina 06/17/2022 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 06/17/2022 4 Flowering Plants NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/17/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 06/17/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 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. BREEDING NAME 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. Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9399 Breeds Sep 1 to Jul 31 Breeds May 15 to Oct 10 06/17/2022 2 BREEDING NAME SEASON Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. 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. 06/17/2022 3 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 (1) 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 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 I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN I JU1LI I IA IUGI SSEPy OCT NOV DEC Bald Eagle + Non -BCC I I I Ilill lill Jill ` Vulnerable I I I I I I1Cuckooilled I++++ ++++ 4;7 7777 ITIT 1117 i±11 11++ +T++ ++++ 06/17/2022 4 BCC Rangewide (CON) Cerulean Warbler ++++ BCC Rangewide tt tt R (CON) Eastern Whip -poor- ++4 I I I +++ +++ Whip -poor - Will BCC Rangewide (CON) Kentucky Warbler ++++ ++++ ++++ ++�i BCC Rangewide (CON) ++ ++++ ++0111111111 #+++ ++++ ++++ ++++ -++ ++4 ++ ++++ ++++ ++++ Prairie Warbler ++++ BCC Rangewide ++++ ++++ I ITT +++TT I +T+T ++++ ++++ (CON) Prothonotary ++++ ++++ ++++ Warbler BCC Rangewide (CON) Red-headed Woodpecker * T T T BCC Rangewide (CON) 444 III ++++ ++++ d I Rusty Blackbird BCC -BCR T T+++ 01 +000 Wood Thrush BCC Rangewide 1110 ++++ ++++ ++++ TI I II T' IM 111104 ++++ ++++ (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/avoidins--and-minimizins--incidental-take-mis-ratorv-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 06/17/2022 5 may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. 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); 06/17/2022 6 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 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 Lorin. 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, 06/17/2022 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. 06/17/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • Riverine FRESHWATER FORESTED/SHRUB WETLAND • Palustrine 06/17/2022 IPaC User Contact Information Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 E rastu s E . Specs H ouse (Gone) John'Nilliam Kapp Farm }u'-u Daniel Specs ,F,F House %00 91 ECm,;ry v L. r I- Ta and arv:;ora and Anna rl�Rthers CrutchfielA °us# p'4 Robert and ar V,ashWgR r u °'I°�V�s'hH�ietan Fr�aaJ�'� prm tT. and Raleigh 4 ington HenryHermana r 6*ret�� p�hnV-.illerHause MDrrisShous u se Beth ania-Rural MM it homash }deaq Hall Raad 4a in n�'dKatie H toricDistrid William M aceo and Lee Hatch HWW ri e Alta ,+VLash'H Ouse Ervin House Washington -Ervin bVilliam and House Norman EstherWlen and tlamie DauthitHause 0 625 ,wlq" se 2,600 Feet I � LJspauohrShou�e � � � I House John H. and Source: Esri, DigitaGlube, 3eoEye, Ea S a I lie Alspa u g h 3eographics, CNESi irbusDS, USDA: Conrad House G etm a ppi n g, AL rug rid, IGN, IGP. swissi GIS User Community, Esri, HE RE, Del- M apmylndia. O 0 pen Streetr,1 a contrib so I Legend Site Boundary NHPDpoints <all other v3lues> Status, LocaIStat, HDstatus 0 National Register individual listing NR and Local Landmark • NR Listing, Gone 0 NR and Landmark, Gone �. NR Historic District center point Study List individual entry SL and Landmark ■ SL entry, Gone Q SL and Landmark, Gone SL Historic District center point SL and DOE Y1 SL, DOE. and Landmark A SLand DOE, Gone W SL, DOE, Landmark, Gone SL and DOE Historic District center point h, Determined Eligible - DOE FI DOE and Landmark • DOE, Gone DOE, Landmark, Gone DOE Historic District center point Surveyed Only Surveyed, Local Landmark Surveyed in NRHD ;] Surveyed, Landmark, in NRHD • Surveyed, Gone • Surveyed in NRHD, Gone L*] Surveyed Landmark, Gone L-] Surveyed, Landmark, NRHD, Gone Blockface Blockface in NRHD Surveyed Area center point Surveyed Area center point in NRHD Local Historic Distric center point NC HPO_NR_SL_D0E_Boundaries STATUS NR NRD L LDOE DDE L �' Local —District —Boundaries David Brame From: Heather LaGamba Sent: Tuesday, April 19, 2022 4:11 PM To: Homewood, Sue; Montalvo, Sheri A Subject: Pre -File Notice - Long Creek Village (Mizpah Church Rd - 5462.1) Sue/Sherri, We would like to submit a Pre -filing Notice for the following project: Project Name: Long Creek Village (Mizpah Church Rd - 5462.1) Project Owner: Carolina Development Services Project Owner's Address: 2627 Brekenridge Centre Drive, Monroe, North Carolina 28110 Project County: Forsyth Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Sincerely, Heather LaGamba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www.pilotenviro.com hlagamba@pilotenviro.com Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 Statement of Mitigation Credit Availability Brushy Mountain Mitigation Bank June 27, 2022, 2022 Army Corps of Engineers Re: Availability of Compensatory Wetland Credits Project: Long Creek Village Project Location: Minzpah Church Road, Winston-Salem, Forsyth County, NC - Yadkin 03040101 Permittee: Mr. Johnathan McCall Carolina Development Services, LLC 2627 Brekonridge Centre Drive Monroe, North Carolina 28110 This document confirms that 1 Wetland Credits (Credits) from the Brushy Mountain Mitigation Bank (Bank) are currently available and all or a portion may be used, once transferred, for compensatory mitigation relative to the Long Creek Village project. The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Mitigation Credit Transfer Certificate (Certificate) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Certificate to the Applicant, the Division of Water Resources (DWR) and, if needed, other regulatory agencies. In addition, we will provide DWR with an updated copy of the Bank's Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9118. Sincerely, BARRETT JENKINS Restoration Systems, LLC bjenkins@restorationsystems.com