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HomeMy WebLinkAbout20221135 Ver 1_401 Application_20220819Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221135 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: 4/28/2022 Project Contact Information Name: Heather LaGmaba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Tri West Business Park 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) Davie Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 5917.3 Tri-West Bus Park PCN 8.6MB submittal_8.18.22.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: rif 00. �Zaf. Submittal Date: Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW-2020-01262 Prepare file folder ❑ Begin Date (Date Received): Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Tri West Business Park 2. Work Type: Private ❑ Institutional Government 3. Project Description / Purpose [PCN Foitii B3d and B3e]: The site is being developed with the Tri-West Business Park. Commercial 4. Property Owner / Applicant [PCN Form A3 or A4]: Mocksville Development Partners 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: David Brame/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: o 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Folios B lb]: US Highway 158, Mocksville, Davie County, NC 36.134614 ° /-79.891898 ° 8. Project Location — Tax Parcel ID [PCN Form Bla]: 5840855939 9. Project Location — County [PCN Form A2b]: Davie 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mocksville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Ceadr Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Yadkln/03040101 Authorization: Section 10 ❑ Section 404 n Section 10 and 404 n Regulatory Action Type: F7Standard Permit ❑ Pre -Application Request ✓ Nationwide Permit # F7 Unauthorized Activity Regional General Permit # n Compliance Jurisdictional Determination Request ri No Permit Required Revised 20150602 NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] DWR project no. Click enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.954668° Longitude (DD.DDDDDD): 80.520644° Form Version 1.5, September 2020 Date received: [Click to enter.] Date received: [Click to enter.] Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. DWR Pre -File E-mail dated April 28, 2022 is attached. DWR ID # Click to ente Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: * Davie Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 1b. Permit type(s)? El Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No NWP number(s): NWP 39 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 lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 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.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? * Daniel Barnes 1 b. Primary Contact Email: * danielb©crown-companies.com 1 c. Primary Contact Phone: ' (###)###-#### 336-386-9790 1 d. Who is applying for the permit/certification? all that apply) (check @ Owner ❑Applicant (other than owner) le. Is there an agent/consultant for this project? 0 Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Mocksville Development Partners, LLC 2b. Deed Book and Page No.: 011960344 2c. Responsible Party (for corporations): Daniel Barnes 2d. Address Street Address: PO Box 341 Address line 2: CliuN iu eiiier. City: Dobson State/ Province/ Region: NC Postal/ Zip Code: 27017 Country: United States 2e. Telephone Number: * (###)###-#### 336-386-9790 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * danielb©crown-companies.com 3. Applicant Information (if different from owner) 3a. Name: Click to ent€ 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: * Click to enter. 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 entE City: Kernersville 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.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Tri-West Business Park 1 b. Subdivision name (if appropriate): None lc. Nearest municipality/town: * Mocksville, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 5840855939 2b. Property size (in acres): 201 2c. Project Address: Street Address: US Hwy 158 Address line 2: Click to enter. City: Mocksville State/ Province/ Region: NC Postal/ Zip Code: 27028 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.954668° Longitude (-DD.DDDDDD): -80.520644° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Cedar Creek 3b. Water Resources Classification of nearest receiving water: C The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located?* Yadkin-PeeDee Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: 030401011402 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/Publiclnformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The northwestern portion of the site is developed with a residence, agricultural structures, and outbuildings. The remainder of the site contains fields and wooded areas. Three ponds, Cedar Creek and several streams are present on the site. Forested and emergent wetlands are located throughout the property. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The nearby properites contain fields, wooded areas and residences. The Davie County Health Department is located on adjoining property to the west. Commerical/light industrial development is located along Farmington Road and US 158. 4b. Have Corps permits or DWR certifications been obtained for thisEl project (including all prior phases) in the past? * Yes x❑ No El Unknown 4c. If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): [Click to enter.] .[Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/z x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 13.0 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 9,840 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 1.475 acres 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct an industrial facility. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of Tri-West Business Park on an approximate 201 acre tract. The business park will consist of four buildings, parking lots and roadways. The project will result in 51 built -upon acres. Four entrances from US 158 and one entrance from Farmington Road are required to satisfy safety and development ordinances. When developed, the site will have five permanent stormwater ponds. To facilitate the development, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading of the site and construction of the business park. When developed, water and sanitary sewer services will be provided by the municipality. In order to develop the site with the business park, one stream and three wetland areas will be filled. Wetland and stream impacts have minimized to the extent possible through the careful placement of buildings, parking lots and roads and the use of retaining walls. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? ❑ No ❑ Unknown 0 Yes Page 6 of 21 PCN Form - Version 1.5, September 2020 Comments: The site was delineated by Pilot Environmental in July 2020. 5b. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Brame Agency/Consultant Company: Pilot Environmental Other: ,,.ill, LU GI!LG. 5c. If the Corps made a jurisdictional determination, what type of determination was made? x❑ Preliminary ❑ Approved ❑ Emailed Concurrence ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2020-01262 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. September 22, 2020 — confirmed by Bryan Roden -Reynolds, USACE (field determination) 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? 0 Yes El 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 1. Impacts Summary la. Where are the impacts associated with your project (check all that apply): ❑x Wetlands ❑ Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Name* 2d. Wetland Type* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Fill (Incl. Riprap) Permanent WT Seep No Both 0.2402 W2 Fill (Incl. Riprap) Permanent WD Bottomland Hardwood Forest Yes Both 0.1108 W3 Fill (Incl. Riprap) Permanent WL Bottomland Hardwood Forest Yes Both 0.0466 W4 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W5 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter W6 Choose one Temp/ Perm Click to enter Choose one Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.3976 ac 2g3. Total wetland impacts 0.3976 ac 2h. Comments: Three wetland impacts are proposed. Wetland impact W1 is associated with building/parking lot construction. This wetland will be filled. The wetland is emergent and has historically been farmed. Wetland impact W2 is associated with parking lot/roadway construction. This wetland will be filled. Wetland impact W3 is associated with parking lot construction. This wetland will be filled. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name" 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) Si Fill (Incl. Riprap) Permanent SC2 Perennial Both 4.4 275 S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 275 linear ft 3i3. Total temporary stream impacts: 0 linear ft 3i4. Total stream and ditch impacts: 275 linear ft 3j. Comments: S1 — Stream location 1 will be impacted by permanent fill/riprap associated with the parking lot and roadway. Page 10 of21 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site # 4b. Impact Reason/ Type 4c. Impact Duration 4d. Waterbody Name 4e. Waterbody Type 4e1. Jurisdiction Type 4f. Impact area (ac) 01 Choose one Click to enter. Choose one Choose one Click to enter 02 Choose one amps Perm Click to enter. Choose one Choose one Click to enter 03 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 04 Choose one Temp/ Perm Click to enter. Choose one Choose one Click to enter 4g. Total temporary open water impacts 0 ac 4g. Total permanent open water impacts 0 ac 4g. Total open water impacts 0 ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. UIIcK to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to en+cr Click to erifnr Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of21 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: .6K to entE Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 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: Click 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 of21 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 necessary parking and the required access and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, 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? * (check all that apply) ❑x DWR x❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) ❑ Mitigation Bank ❑x 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: Yadkin Valley Umbrella Mitigation Bank 3b. Credits purchased/requested: Type: Riparian Wetland Quantity NA Type: Stream Quantity 550 Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: The applicant intends to purchase stream credits from the Yadkin Valley Umbrella Mitigation Bank. Wetland credits are not available and will be satisfied through DMS. 550 LF of stream credits will be purchased to off -set 275 LF of impact at a 2:1 ratio. Wildlands Statement of Availability (SoA) 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: 0.555 acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: DMS has been contacted and will be used to secure wetland mitigation credits and stream credits should private bank credits not be available at the time of purchase. DMS SoA is attached. Wetland credits will be purchased at 1:1 ration for wetland impact W1 (see attached NCWAM Form) and 2:1 for wetland impacts W2 and W3. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ® Yes x❑ No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. 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 NC Division of Mitigation Services proposed? ® Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 14 of21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? � Yes ❑x No 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader IIIVegetated Conveyance (lower seasonal high water table- SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- approved local government stormwater program? ❑x Yes ❑ No Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? (Check all that apply) * ❑ Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of21 PCN Form - Version 1.5, September 2020 Local Government Stormwater Programs El Phase II El USMP ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using. City of Winston-Salem State Stormwater Programs El Phase II El HOW or ORW ❑ Coastal Counties ❑ Other Comments: A SWMP has been submitted to Davie County/Town of Mocksville for review and approval. Page 16 of21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes x❑ No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes x❑ No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): ;lick to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? * ❑ Yes x❑ No 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * Yes ❑No ❑N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into an existing sewer line that is located on Framington Road. Additional impacts associated with sewage disposal are not proposed. Page 17 of21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ [fws.govj) ►1 Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * Yes x❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. Choose G— 5d. Is another federal agency involved? * ❑ Yes x❑ No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes x❑ No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes x❑ No Link to NLEB SLOPES document: http://saw-req.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes El No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ❑ Yes x❑ No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 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 Four listed species are identified on the IPaC report (attached). The Northern long-eared Bat, Monarch Butterfly, Michaux's Sumac and Schweinitz's Sunflower are included by the IPaC as federally listed species identified within the project area. Bat hibernacula is not located on the site. The majority of the site contains fields and, so, does not include areas of suitable summer roosting habitat. Potentially 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 65 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. Suitable habitat for Michaux's Sumac and Schweinitz's Sunflower is not present on the site and known occurences of these species have not been identified within 2 miles of the site. The Monarch Butterfly is a candidate species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 18 of 21 PCN Form - Version 1.5, September 2020 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes x❑ No Are there submerged aquatic vegetation (SAV) around the project vicinity? * ❑ Yes ❑x No ❑ 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://qis.ncdcr.gov/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 properties significant in North Carolina history and archaeology)? * 0 Yes El No 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? * 0 Yes El 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: L The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; L 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; L 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"); L 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"); L 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 i As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David S. Brame Signature: * �"' g 8/18/22 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal 5917.3 April26, 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: UJ /4/4Vthl V /mac Applicant Information: Name: Address: Telephone Number: Fax Number: E-mail Address: 1`lac4-4...1/l d .JG /`?cez5 v/LG aVVEcapi-1c---J7 P.44T,4&-As c L c Po &2)C 3 L// Doo-J f NC 270,7 36 356- 97 9 3 DAB/EL d3 eeo i4- et:WPA4' i . CON-( Signature: na,CUIPILEcicvwLegJT P/ •n� pate 6y.7�� bJ C0 914J �Ec «< .Z7 : Ar)*1,0 ei z -a A& J 7 z8 z 4 WETLAND IMPACT AREA #2 4,826 SF (0.1108) ACRES. 275 LF OF PERENNIAL STREAM IMPACT (FILL) 1,219 SF (0.0280 ACRES) 11111111101111LCI 1011 01 10 _111111011111111�= WETLAND IMPACT AREA #1 10,461 SF (0.2402) ACRES. WETLAND IMPACT AREA #3 2,031 SF (0.0466) ACRES. Now or Formerly Blatr Gibson Younts Geed Book 1102, Page 946 PIN 5850058252 Now of Formerly Steve Wiliam Hungerford Deed Bank 568 Page 798 PIN 5850171383 \\\ Now or Formerly 5te.en Dan Whitaker Deed Book 828, Page 616 PIN 5850049820 Now or f edy Helen 1. Jordan, Trustee Deed Book 814. Page 307 PIN 5850140429 how or Formely • °noel Baptist Church d Book 111, Page 1 4 PIN 58501 65 I Now or Formerly Dorothy Norklin, tol • Deed Book 1049, Page 1199 PIN 5850049292 Now arf Famed, Shoran Smith Cox, td Geed Boo( 1019, Page 912 PIN 5850257667 Now of Formerly Gwendolyn C. Smith Geed Book 44, Page 134 PIN 5850352382 Now or Formerly Sharon Smith Cox. elal Deed Book 1019, Page 912 PIN 5850234862 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01262 County: Davie U.S.G.S. Quad: NC- Mocksville NOTIFICATION OF JURISDICTIONAL DETERMINATION Wells Fargo Bank Lorraine Bulloch 150 Fayetteville Street Raleigh, NC 27601 919-624-3971 Lorraine.bulloch(awellsfargo.co m Nearest Town Mocksville River Basin Upper Pee Dee Coordinates Latitude: 35.954668 Longitude: -80.520644 Location description: The review area is located on the north side of US Highway 158; approximately 5.4 miles north of the intersection of US Highway 158 and US Highway 64. PIN: 5840855939. Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS Topographic Map". 201 Cedar Creek 03040101 Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/22/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2020-01262 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-revnolds(a,u sace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 9/22/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Corps Regulatory Official: Date: 2020.09.2215:47:38-04'00' Date of JD: 9/22/2020 Expiration Date of JD: Not applicable SAW-2020-01262 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy furnished: Agent: Pilot Environmental, Inc. Seren Homer Address: P.O. Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 E-mail: shomer(apilotenviro.com PROCESS AND NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Wells Fargo Bank Lorraine Bulloch File Number: SAW-2020-01262 Date: 9/22/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E x SECTION Additional grAg I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial additional information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, information that the review Corps may add new information the location of information that the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding also contact: Mr. Phillip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wihnington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/30/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wells Fargo Bank, Lorraine Bulloch, 150 Fayetteville Street, Raleigh, NC 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, US Highway 158, SAW- 2020-01262 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side of US Highway 158; approximately 5.4 miles north of the intersection of US Highway 158 and US Highway 64. PIN: 5840855939. Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS Topographic Map". (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Davie City: Mocksville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.954668 Longitude: -80.520644 Universal Transverse Mercator: Name of nearest waterbody: Cedar Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: 07/07/2020 ® Field Determination. Date(s): 09/22/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal degrees) (decimal degrees) amount of aquatic resources in review area resources (i.e., wetland vs. non- wetland waters) which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) (acreage and linear feet, if applicable SEE ATTACHED TABLE 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Drawings 1-5 ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name- Drawing 1, USGS Topographic Map (1:24,000 Mocksville and Advance, NC) ▪ Natural Resources Conservation Service Soil Survey. Citation: and Drawing 2A, Published Soil Map (Soil Survey of Davie County, Sheet 3 Dated 1995) ® National wetlands inventory map(s). Cite name- Drawing 2, Web Soil Map (Web Soil Survey of Davie County) and Drawing 3, NWI Map (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ▪ FEMA/FIRMmaps: Drawing 4, FEMA FIRM (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Drawing 5, Wetland Map (Dated 07/07/2020) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. RODEN Digitally signed by RODEN REYNOLDS.RRYAN.KENNETH.1263385574 REYNOLDS.BRYAN.KENNETH.1263385574 Date: 2020.09.2215:48:09-04'00' Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 9/22/2020 impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) PA 35.959462 -80.524969 0.12 Non -wetland 404 PB 35.956093 -80.522955 0.24 Non -wetland 404 PC 35.955266 -80.520983 1.12 Non -wetland 404 Cedar Cr 35.948831 -80.513514 4850 Non -wetland 404 SA 35.959589 -80.524528 190 Non -wetland 404 SB 35.959676 -80.524329 30 Non -wetland 404 SC 1 35.95755 -80.524235 770 Non -wetland 404 SC 2 35.956401 -80.524931 350 Non -wetland 404 SD 35.955708 -80.520983 240 Non -wetland 404 SE 35.956023 -80.522571 580 Non -wetland 404 SF 35.955147 -80.521563 70 Non -wetland 404 SG 35.954035 -80.521595 330 Non -wetland 404 SH 35.955048 -80.512743 1650 Non -wetland 404 SI 35.948844 -80.513567 780 Non -wetland 404 WA 35.959268 -80.525937 0.884 Wetland 404 WB 35.959577 -80.524636 0.04 Wetland 404 WC 35.959668 -80.523972 0.025 Wetland 404 WD 35.957145 -80.524337 0.401 Wetland 404 WE 35.955951 -80.523189 0.066 Wetland 404 WF 35.956054 -80.52232 0.201 Wetland 404 WG 35.955978 -80.52138 0.115 Wetland 404 WH 35.955066 -80.52159 0.017 Wetland 404 WI 35.954382 -80.521242 0.227 Wetland 404 WI 35.955829 -80.520822 0.126 Wetland 404 WK 35.957391 -80.519917 5.597 Wetland 404 WL 35.95628 -80.518853 0.211 Wetland 404 WM 35.956136 -80.516595 1.283 Wetland 404 WO 35.95646 -80.516074 0.209 Wetland 404 WP 35.953014 -80.515836 0.071 Wetland 404 WQ 35.950667 -80.51297 0.43 Wetland 404 WR 35.952449 -80.513296 0.127 Wetland 404 WS 35.954148 -80.514695 2.715 Wetland 404 WT 35.954208 -80.527954 0.24 Wetland 404 WA I 0.884 ac. WT /0.24 ac. WB 0.04 ac. NN PA I 0.12 ac. SB /30 LF 5A1 WC 0.025 ac. 190 LF SC 1 770 LF WO 0.401 ac. WE 0.066 ac, FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 337 Stream Flags = Flagged at origins and intersections; surveyor locate V///////1 V////////1 WK 5.597 ac.� PB 0.24 ac. WH 0.017 ac.�~ 6+Li ..L• • 5G 330 i.F WV ❑.227 a M 'ODP41.12ar. oDP-3 b Cedar Cr ' 1710 LF WL 0.211 ac. WM 1.283 ac. I° Alb lir I. • •- R WO /0.205 ac. d1f ak.r 0.071 ac. c • WS 2.715 ac. 1650 LF Cedar Cr 3140 LF WR 0.127 ac, 51 WQ Nplk .f LEGEND DP-1 0 WA Site Boundary Pond Perennial Stream Wetland Data Point Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON SEPTEMBER 22, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. !ten 1 Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 7.7.20 Revised: 9.22.20 P I L❑ T E N Y I R O N M E N T A e• I N C Wetland Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 Drawing USGSTopographic Map MookaviUeand Advance, NC Quadrangles "``0` '"° i ^"""""`^` °` USGS Topographic Map USHighway 158 Approximate ZO1-AoreTract Mooksvi||e, Davie County, NC Pilot Project 5917 Drawing 2 USDA Web Soil Survey of Davie County, NC Scale: 1" = 600' PILOT"' PLT E t1 V I R❑ Y M E N T A L, I N C. Web Soil Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 Drawing 2A USDA Soil Survey of Davie County, NC Published 1995, Sheet 3 Not to Scale PILOT EtI V I R❑ Y M E N T AL, I N C Published Soil Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 • - f'11' Vtt4-' • • •, •t-,, 11'14' *V**, tk. LEGEND Site Boundary 7" Freshwater Emergent Mr Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake Riverine Other Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 600' PILOT EliVIROYMENTAL.INC NWI Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 f 174 i 11, .tip ODOJ r F!t 'eff. 9117/2008.,: ,, ,'' ri.- Owe r''*„ ,. ► ..4i,'F:i, k:AREi ❑F MI NIMAL'FLOO HAZARD46ri r • ulT w • LEGEND Site Boundary ;1 %Annual Chance Flood Hazard it Regulatory Flood ray fa Special Floodvay Area of Undetermired Flood Hazard 0.2%Annual Chance Flood Hazard FLture Conditions 1 %Annual Chance Flood Hazard I4 Area with Reduced Risk Due to Levee Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 600' PILOT "' P I LOT E Y V I R❑ Y M E N T A L, I N C. FEMA FIRM US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 WB 0.04 ac.N ISA PA 190 LF WA 0.12 ac. 0.884 ac, WD 0.401 ac. N SC 2 350 IF FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM FLAGS = Wetland Flags = 337 Stream Flags = Flagged at origins and intersections; surveyor locate SB 30 LF 5C 1 770 LF WF 0.201 ac. WE / 0.066 ac. V///////1 V ///////1 WK 5.597 ac. PB 0.24 ac. SE 580 IF SD 240 LF DP-2 SF 70 IF WH 0.017 ac. WG 0.115 ar. WJ 0.126 ac. 5G PC 330 LF \ DP-4 1.12 ac. `lO DP-3 Cedar Cr 1710 LF 2,715 ac. 1650 LF Cedar Cr 3140 Lf WR 0.127 ac. DP-1 0 WA Site Boundary Pond Perennial Stream Wetland Data Point Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON SEPTEMBER 22, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 7.7.20 Revised: 9.22.20 PILOT "" PILOT EtI V I RO - M EN T AL, I NC Wetland Map US Highway 158 Approximate 201-Acre Tract Mocksville, Davie County, NC Pilot Project 5917 NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: NCDWR #: Project Name Tri-West Business Park Date of Evaluation 7/6/20 Applicant/Owner Name Mocksville Development Partners LLC Wetland Site Name WT Wetland Type Non -Tidal Freshwater Marsh Assessor Name/Organization David Brame Level III Ecoregion Piedmont Nearest Named Water Body Dutchmand Creek River Basin Yadkin-PeeDee USGS 8-Digit Catalogue Unit 03040101 County Davie NCDWR Region Winston-Salem r- Yes 3"- No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.954248°/-80.527816° Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? r. Yes ' - No Regulatory Considerations - Were regulatory considerations evaluated? Yes 3' - No If Yes, check all that apply to the assessment area. I Anadromous fish 1 Federally protected species or State endangered or threatened species I NCDWR riparian buffer rule in effect I Abuts a Primary Nursery Area (PNA) I Publicly owned property I N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) I Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout E Designated NCNHP reference community I Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) Blackwater Brownwater 1 Tidal (if tidal, check one of the following boxes) 3' - Lunar 3' - Wind 3' - Both Is the assessment area on a coastal island? 3-- Yes No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? 3' - Yes r No Does the assessment area experience overbank flooding during normal rainfall conditions? 3' - Yes No 1. Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS 3' - A 3' - A Not severely altered is B is B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub A 3' - A Water storage capacity and duration are not altered. B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C 3' - C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. 3' - A - A Majority of wetland with depressions able to pond water > 1 foot deep C- B - B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C - C Majority of wetland with depressions able to pond water 3 to 6 inches deep D D Depressions able to pond water < 3 inches deep 3b. (' A Evidence that maximum depth of inundation is greater than 2 feet C" B Evidence that maximum depth of inundation is between 1 and 2 feet C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. A Sandy soil B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C C Loamy or clayey soils not exhibiting redoximorphic features ( D Loamy or clayey gleyed soil ( E Histosol or histic epipedon 4b. C A Soil ribbon < 1 inch B Soil ribbon >_ 1 inch 4c. ( A No peat or muck presence (-` B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub A A Little or no evidence of pollutants or discharges entering the assessment area B - B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M f- A IA I A >_ 10% impervious surfaces ✓ B r B F B Confined animal operations (or other local, concentrated source of pollutants) ✓ C r C E C >_ 20% coverage of pasture ▪ D F D F D >_ 20% coverage of agricultural land (regularly plowed land) ✓ E fl E fl E >_ 20% coverage of maintained grass/herb ▪ F F F f F >_ 20% coverage of clear-cut land G F G PG Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. 7. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? Yes r. No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ( A >_ 50 feet ( B From 30 to < 50 feet C From 15 to < 30 feet {- D From 5 to < 15 feet {" E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. {` <_ 15-feet wide 3' - > 15-feet wide 3' - Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? .-' Yes 3-' No 7e. Is tributary or other open water sheltered or exposed? Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. - Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC 3'-A {`A >_ 100 feet (B ('B From80to<100feet ( . C {" C From 50 to < 80 feet D (i D From 40 to < 50 feet ( ' E (' E From 30to <40feet {` F (' F From 15 to < 30 feet {" G G From 5 to < 15 feet { H 3' H <5feet 9. Inundation Duration - assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. 3' - A Evidence of short -duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition - assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). 3' - A Sediment deposition is not excessive, but at approximately natural levels. is B Sediment deposition is excessive, but not overwhelming the wetland. - C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size - wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. VVT WC FW (if applicable) CA CA CA >_ 500 acres (- B (' B C B From 100 to < 500 acres ('C ('C ('C From 50 to < 100 acres C D (" D ('" D From 25 to < 50 acres CE (` E (" E From 10 to < 25 acres CF (` F (" F From 5 to < 10 acres CG (`G CG From 1 to < 5 acres ("H (''H ('"H From 0.5 to < 1 acre 6."1 (:1 (`1 From 0.1 to < 0.5 acre C J (` J is J From 0.01 to < 0.1 acre C K r- K r K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness - wetland type condition metric (evaluate for Pocosins only) /- A Pocosin is the full extent (>_ 90%) of its natural landscape size. /`" B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas - landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely CA !"A 500 acres ( B B From 100 to < 500 acres ( C C From 50 to < 100 acres CD i- D From 10 to < 50 acres (: E r: E < 10 acres C" F f F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. kr: Yes f- No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect - wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." �: A 0 /`"B 1to4 C 5 to 8 15. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) C A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. C B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity - assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) f A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). ( B Vegetation diversity is low or has > 10% to 50% cover of exotics. C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? r: Yes r~ No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. r: A >_ 25% coverage of vegetation B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT C A r~ A Canopy closed, or nearly closed, with natural gaps associated with natural processes C B (--B Canopy present, but opened more than natural gaps • C {: C Canopy sparse or absent C A f A Dense mid-story/sapling layer f ' B C B Moderate density mid-story/sapling layer • C {i C Mid-story/sapling layer sparse or absent C A C A Dense shrub layer C B (' B Moderate density shrub layer • C (;" C Shrub layer sparse or absent • A {" A Dense herb layer a. fi B ( B Moderate density herb layer = i C C C Herb layer sparse or absent Shrub Mid -Story Canopy 18. Snags — wetland type condition metric (skip for all marshes) f A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). r: B NotA 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) C A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. [_. B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. C A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). {: B NotA 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ( A C r: D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 WT Non -Tidal Freshwater Marsh Date Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Rating Summary 7/6/20 David Brame NO NO YES NO NO NO NO Function Hydrology Water Quality Habitat Sub -function Surface Storage and Retention Sub -Surface Storage and Retention Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change Physical Structure Landscape Patch Structure Vegetation Composition Metrics Condition Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition Condition Rating NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA LOW LOW MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Water Quality Habitat Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition LOW Overall Wetland Rating x 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: 2022-0072440 Project Name: Tri-West August 08, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and 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 08/08/2022 2 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 BA/BE 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: hops://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 08/08/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 08/08/2022 2 Project Summary Project Code: 2022-0072440 Project Name: Tri-West Project Type: Commercial Development Project Description: The site is being considered for Industrial development. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.goog1e.com/maps/@35.95645245,-80.5212764211077,14z Counties: Davie County, North Carolina 08/08/2022 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 Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Threatened STATUS Candidate STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Endangered Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 08/08/2022 4 08/08/2022 1 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. 08/08/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Sep 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds elsewhere 08/08/2022 2 NAME Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 08/08/2022 3 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. SPECIES Bald Eagle Non -BCC Vulnerable Prothonotary Warbler BCC Rangewide (CON) Rusty Blackbird BCC - BCR Wood Thrush BCC Rangewide (CON) • probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1111 H'� -++ ; dill 1111 !!!! 1111 1111 1111 1111 + —,-+ ++++ —+++ III■I 1111 1111 + ---+ ++,+ —+++ -.--++ ---- ---- + —�+ ++++ —+++ --11 1-- +--- ---- +,-- -+-- ---- +++ +--- ---- +_,_-- —I-- ---- Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. 08/08/2022 4 What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) 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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 08/08/2022 5 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 Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell 08/08/2022 6 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. 08/08/2022 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. FRESHWATER FORESTED/SHRUB WETLAND • Palustrine RIVERINE • Riverine 08/08/2022 2 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 N ional Register • NR * NRHD • NRD udy List • SL ■ SW SLDOE SLHD SLDOEHD • SLDOED Determined Eligible DOE DOED • DOEHD Locally. m ru mar ed ■ LL LHD • LLD Surveyed only resources BF e s0 • SD •it SA N R, SL, SLDOE & DOE Districts NR SL N DOE h SLDOE • ~dr 1.0 Devid o wiy Youth P Vultan �a 1 0 a s r tt - 0. , � n. % 0-1 L. yam �SRg� sa co C.., a Pir U (p 43 ■ • 0000. • .�--_.n.trbutors, State of North Carolipa DOT E HERE, Garminrs eraA. GeoTechno ,. EFH Mapper Report EFH Data Notice Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional fishery management councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate regional resources. Query Results Degrees, Minutes, Seconds: Latitude = , Longitude = Decimal Degrees: Latitude = , Longitude = The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units. EFH No Essential Fish Habitats (EFH) were identified at the report location. Salmon EFH No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location. HAPCs No Habitat Areas of Particular Concern (HAPC) were identified at the report location. EFH Areas Protected from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. ROY COOPER. Governor ELIZABETH S. BISER Secretory MARC RECKTENWALD Director Daniel Barnes Mocksville Development Partners, LLC 121 N. Crutchfield Street Dobson, NC 27101 NORTH CAROLINA Environmental Quality August 10, 2022 Expiration of Acceptance: 2/10/2023 Project: Tri West Business Park County: Davie 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 Yadkin 03040101 Riparian Wetland 0.398 Yadkin 03040101 Warm Stream 275 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 Kelly.Williams@ncdenr.gov. cc: David Brame, agent 41:0,E0-5A Sincerely, Atiirktlactvw0a FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.70711976 WILDLANDS HOLDINGS Stream Credit Statement of Availability August 10, 2022 THE CROWN COMPANIES, LLC 121 N. Crutchfield St., PO Box 341 Dobson, NC 27017 Attn: Mr. Daniel Barnes RE: Availability of Stream Credits for the "Tri West Business Park" project Bank Name: Yadkin Valley Umbrella Mitigation Bank Bank Site: Dugger Creek Mitigation Site Bank Sponsor: Wildlands Holdings IV, LLC USACE Action ID No. SAW-2017-01918 Permittee: Mocksville Development Partners, LLC Stream Credits Needed: 550.00 LF — Cool Stream Stream Credits Available: 11,227.00 LF — Cold Stream Yadkin 03040101 River Basin Dear Mr. Barnes, Wildlands Holdings IV, LLC currently has sufficient cold stream credits from the Yadkin Valley Umbrella Mitigation Bank - Dugger Creek Mitigation Site to satisfy the mitigation requirements related to the above -mentioned project. The project is located within the Yadkin (HUC 03040101) watershed. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form within the 404-permit approving the mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings IV, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332-7754 x124 or ayarsinske@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 WILDLANDS HOLDINGS Sincerely, Ashley N. Yarsinske Wildlands Engineering, Inc. Marketing & Credit Sales ayarsinske@wildlandseng.com 0: (704) 332-7754 ext. 124 M: (757) 572-5269 Cc: Mr. David Brame, PWS I Pilot Environmental, Inc. Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 David Brame From: 401 PreFile <401 PreFile@ncdenr.gov> Sent: Thursday, April 28, 2022 4:34 PM To: Heather LaGamba Subject: Automatic reply: [External] Pre -File Notice - Tri-West Business Park - US Highway 158 (5914.3) This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts 1 2