HomeMy WebLinkAbout20221514 Ver 1_401 Application_20221027Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20221514
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Sue Homewood:eads\slhomewood
Select Reviewing Office: * Winston-Salem Regional Office - (336) 776-9800
Submittal Type:* 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:
9/27/2022
Project Contact Information
Name: Heather LaGamba
Who is submitting the information?
Email Address: hlagamba@pilotenviro.com
Project Information
Project Name: Ruffin Road
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Guilford
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
5156.2_Ruffin Road_PCN_10.21.2022.pdf 6.78MB
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:
Submittal Date: Is filled in automatically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID 9: SAW- 2019-01994
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Ruffin Road
Begin Date (Date Received): 10/21 /2022
Assign Action ID Number in ORM ❑
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
The site is proposed for a 101 unit townhome development.
4. Property Owner / Applicant [PCN Form A3 or A4]: Precept Construction LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Pilot Environmental, Inc.
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
Ruffin Road, Greensboro, Guilford, NC
36.0426890/-79.906521 0
8. Project Location —Tax Parcel ID [PCN Form Bla]: 7833158694-000
9. Project Location —County [PCN Form A2b]: Guilford
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Greensboro
11. Project Information — Nearest Waterbody [PCN Form 132a]: gull Run
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030003
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
Nationwide Permit 9
Regional General Permit 9
✓ Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
nA�
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. 2019-01994 Date received: 10/21/2022
DWR project no.
Date received: 10/25/2022
Site Coordinates:
Latitude (DD.DDDDDD): 36.042952'
Longitude (DD.DDDDDD): 79.906537'
Form Version 1.5, September 2020
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory
questions are answered.
The online help file may be found at this link:
https:Hedocs.deg.nc.gov/WaterResources/0/edocl6247041PCN%2OHelp%2OFile%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.
Date of Pre -filing Meeting Request (MM/DD/YYYY) : 9/27/2022
DWR ID # Click to enter. Version 1 (If applicable)
A. Processing Information
County (counties) where project is located:
Guilford Additional (if needed).
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project?
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
la. Type(s) of approval sought from the Corps:
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Pagel of 21 PCN Form - Version 1.5, September 2020
❑x Nationwide Permit (NWP)
1 b. Permit type(s)?
❑ Regional General Permit (RGP)
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑x No
NWP number(s):
NWP 29
RGP number(s):
Click to enter.
1 d. Type(s) of approval sought from the DWR (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ Individual 401 Water Quality Certification
1 e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: *
❑ Yes ❑x No
For the record only for Corps Permit: *
❑ Yes ❑x No
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
1 g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes ❑x No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h. Is the project located in any of NC's twenty coastal counties?
❑ Yes ❑x No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
❑ Yes ❑x No ❑ Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes ❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 21 PCN Form - Version 1.5, September 2020
B. Applicant Information
1 a.
Who is the primary contact?
Scott Allred
1 b.
Primary Contact Email:
scott@preceptconstruction.com
1 c.
Primary Contact Phone: (###)###-####
(336) 215-4725
1 d.
Who is applying for the permit/certification? (check
all that apply)
® Owner ❑ Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed:
Ruffin Acquisition Group, LLC
2b.
Deed Book and Page No.:
008227/00199
2c.
Responsible Party (for corporations):
Scott Allred
2d.
Address
Street Address:
PO Box 10376
Address line 2:
slick to 'M ILIM .
City:
Greensboro
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
27404
Country:
United States
2e.
Telephone Number: * (###)###-####
(336) 215-4725
2f.
Fax Number: (###)###-####
Click to eniei.
2g.
Email Address: *
scott@preceptconstruction.com
3.
Applicant Information (if different from owner)
3a.
Name:
Click to enter.
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: *
Michael T. Brame
4b. Business Name:
Pilot Environmental, Inc.
4c. Address: *
Street Address:
743 Park Lawn Court
Address line 2:
Click to enter.
City:
Kernersville
State/ Province/ Region:
NC
Postal/ Zip Code:
27284
Country:
U.S.
4d. Telephone Number: (###)###-####
(336) 708-4620
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
mbrame@pilotenviro.com
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
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
1 a. Name of project:
5631 Ruffin Road
1 b. Subdivision name (if appropriate):
Proposed Townhomes
1 c. Nearest municipality/town: *
Greensboro, NC
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
7833158694
2b.
Property size (in acres):
10
2c.
Project Address:
Street Address:
5631 Ruffin Road
Address line 2:
Click to ente,
City:
Greensboro
State/ Province/ Region:
NC
Postal/ Zip Code:
27407
Country:
U.S.
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point):
Latitude (DD.DDDDDD): 36.042952'
Longitude (-DD.DDDDDD):-79.906537'
3. Surface Waters
3a. Name of nearest body of water to proposed project:
Bull Run
3b. Water Resources Classification of nearest receiving
WS IV; NSW
water:
The Surface Water Classification map may be found at this link:
https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265
Cape Fear
3c. In what river basin(s) is your project located?
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030300030104
located:
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 5 of 21 PCN Form - Version 1.5, September 2020
4.
Project Description and History
4a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The site contains wooded land. The site is located in a residential area of Greensboro.
4b.
Have Corps permits or DWR certifications been obtained for this
❑ Yes ❑x No ❑ Unknown
project (including all prior phases) in the past?
4c.
If yes, please give the DWR Certification number and/or Corps
2019-01994
Action ID (ex. SAW-0000-00000):
jClick to enter.]
Attach any pertinent project history documentation
4d.
Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.
Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f.
List the total estimated acreage of all existing wetlands on the
0.081 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
355 linear feet
and perennial) on the property:
4g1.
List the total estimated acreage of all existing open waters on the
Click to enter. acres
property:
4h.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a 101 unit townhome community.
4i.
Describe the overall project in detail, including the type of equipment to be used:
The overall project includes the construction of a 101 unit townhome community. In order to facilitate the proposed
development and access the majority of the subdivision, it is necessary to cross a stream and wetland. In order to
construvct a stormwater control device, it is necessary to impact a small wetland pocket. In order to connect to an
existing sewer line it is necessary to impact an additional stream. To facilitate the development of the site, clearing and
grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading
and construction of the site.
4j.
Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
The site was delineated by Pilot Environmental in 2019 (Pilot Project 5156, report dated October 10, 2019). The site
was verified by Mr. David Bailey with the USACE (SAW-2019-01994, JD issued May 14, 2020). Mr. Bailey concurred
with the delineation as depicted on Drawing 5 (attached). In addition to the verified site, Pilot delineated the proposed
sewer line corridor. A stream that is approximately 8 feet wide crosses the corridor. Wetlands were not observed
within the sewer line corridor. Pilot completed a wetland determination data form within the corridor that supports our
findings. The proposed sewer line corridor, stream and data form are identified on Drawing 5A.
Name (if known): Michael Brame
5b.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Pilot Environmental
areas?
Other: r;lick to enter
5c.
If the Corps made a jurisdictional determination,
❑x Preliminary ❑x Approved ❑ Emailed Concurrence
what type of determination was made?
❑ Not Verified ❑ Unknown
Page 6 of 21 PCN Form - Version 1.5, September 2020
Corps AID number (ex. SAW-0000-00000): I SAW — 2019-01994 1
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
USACE — JD issued May 14, 2020.
5d1. Attach jurisdictional determinations.
Page 7 of 21 PCN Form - Version 1.5, September 2020
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
The site is a proposed townhome development. The project is proposed to be constructed in a single phase.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No other permits are intended to be used.
Page 8 of 21 PCN Form - Version 1.5, September 2020
D. Proposed Impacts Inventory
Impacts Summary
1 a. Where are the impacts associated with your project
(check all that apply):
0 Wetlands
0 Buffers
❑ Pond Construction
0 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.
2a1.
2b.
2c.
2d.
2e.
2f.
2g.
Site #
Impact
Impact
Wetland Name
Wetland Type
Forested
Jurisdiction
Impact Area
Reason/Type
Duration
?
Type
(ac)
W1
Fill (Incl.
Permanent
WB
Bottomland
Yes
Both
0.04
Riprap)
Hardwood
Forest
W2
Fill (Incl.
Permanent
WA
Bottomland
Yes
Both
0.002
Riprap)
Hardwood
Forest
W3
Fill (Incl.
Permanent
WA
Bottomland
Yes
Both
0.017
Riprap)
Hardwood
Forest
W4
Choose one
Temp/
Click to enter
Choose one
Choose one
Click to
'germ
enter
W5
Choose one
temp/
Click to enter
Choose one
Choose one
Click to
r3erm
enter
W6
Choose one
temp/
Click to enter
Choose one
Y/N
Choose one
Perm
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
0.059 ac
2g3. Total wetland impacts
0.059 ac
2h. Comments:
Additional Impacts:
Wetland Impact 1 (0.04 acres) is associated with the grading and construction of a bio-retention cell. Wetland Impacts
2 and 3 are associated with a proposed road that is necessary to provide access to the site. Mitigation is not proposed.
Page 9 of 21 PCN Form - Version 1.5, September 2020
3.
Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #
3a.
Impact Reason/
Type
3b.
Impact
Duration
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
S1
Crossing/ Culvert
Permanent
SB (S1)
Intermittent
Both
3.466
87
S2
Crossing/ Culvert
Permanent
SB (Rip Rap)
Intermittent
Both
3.466
15
S3
Crossing/ Culvert
Temporary
Bull Run (TS 1)
Perennial
Both
8
37
S4
Dewatering
Temporary
SB (TS 2)
Intermittent
Both
3.466
10
S5
Dewatering
Temporary
Bull Run (TS 3)
Perennial
Both
8
10
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:
102 linear ft
36.
Total temporary stream impacts:
57 linear ft
3i4.
Total stream and ditch impacts:
159 linear ft
3j.
Comments:
The road crossing culvert and fill will impact 87 linear feet (302 square feet/0.006 acres) of stream channel. The
proposed rip rap (to be keyed in) will impact 15 linear feet (52 square feet/0.001 acres) of stream channel. The
coffer dam/pump around will temporarily impact 10 linear feet (50 square feet/0.001 acres) of stream channel.
The sewer line installation/temporary construction access crossing will temporarily impact 37 linear feet (296
square feet/0.006 acres) of stream channel. The coffer dam/pump around will temporarily impact 10 linear feet
(80 square feet/0.002 acres). Stream mitigation is not proposed.
Page 10 of 21 PCN Form - Version 1.5, September 2020
4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries,
sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
4b.
4c.
4d.
4e.
4e1.
4f.
Site #
Impact Reason/
Impact
Waterbody Name
Waterbody
Jurisdiction
Impact area (ac)'
Type
Duration
Type*
Type
01
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
02
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
03
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
04
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Open water impacts are not proposed.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete
the table
below. (*This
does NOT include ofFline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts
(ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
Click tL
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Pond or lake construction is not proposed.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 11 of 21 PCN Form - Version 1.5, September 2020
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
6a. Project is in which protected basin(s)?
❑ Jordan ❑ Goose Creek ❑x Randleman
(Check all that apply.)
❑ Other: Click to enter.
6b.
6c.
6d.
6e.
6f.
6g.
Site #*
Impact Type*
Impact Duration*
Stream Name*
Buffer
Zone 1 Impact*
Zone 2 Impact*
Mitigation
(sq ft)
(sq ft)
Required?*
B1
Road/ Temp. Road
Permanent
Unnamed
No
5,223
5,541
B2
Utility Lines
Permanent
Bull Run
No
1,456
Click to enter.
B3
Utility Lines
Temporary
Bull Run
No
ClicK io enter
1,191
B4
Choose one
i emp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B5
Choose one
"emp/ 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
, emp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perri
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: 1,191 sq ft
6h. Total permanent impacts:
Zone 1: 6,679 sq ft
Zone 2: 5,541 sq ft
6h. Total combined buffer impacts:
Zone 1: 6,679 sq ft
Zone 2: 6,732 sq ft
6i. Comments:
In order to construct the road that provides access to the majority of the subdivision, it is necessary to permanently impact
5,223 square feet of Zone 1 buffer and 5,541 square feet of Zone 2 buffer. The sewer line easement will be 20 feet wide
and will permanently impact 1,456 square feet of Zone 1 buffer and temporarily impact 1,191 square feet of Zone 2 buffer.
The sanitary sewer line/easement will be reseeded. Mitigation is not proposed.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 12 of 21 PCN Form - Version 1.5, September 2020
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
The applicant has designed the proposed development to avoid impacts to the remainder of the streams and wetlands
on the site. The access road crossing was designed in an area where the stream is relatively straight to minimize
impacts to the stream. Head walls and end walls have been designed to further minimize the impacts. Additionally,
several lots have been sacrificed under the proposed design to avoid additional stream and buffer impacts. The
remaining roads, lots and utilities have been designed to avoid additional impacts to jurisdictional areas.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will
be seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep
slopes.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? (check all that apply) ❑ In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Mitigation is not proposed.
4.
Complete if Using an In Lieu Fee Program
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to enter. linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
httgs://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O
4d.
Buffer mitigation requested (DWR only):
Click to enter. square feet
4e.
Riparian wetland mitigation requested:
Click to enter. acres
4f.
Non -riparian wetland mitigation requested:
Click to enter. acres
Page 13 of 21 PCN Form - Version 1.5, September 2020
4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres
4h. Comments:
Mitigation is not proposed.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including the amount of mitigation proposed.
Click to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑x No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact (square
Multiplier
Required mitigation
feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
:,hoose one
:,lick to enter.
Zone 2
Slick to enter.
Click to enter.
:,hoose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Mitigation is not proposed.
Page 14 of 21 PCN Form - Version 1.5, September 2020
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
® Yes ❑ No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑x 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)?
❑x Yes ❑ No
To look up low density requirements, click here:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c. IS the project over an acre?
❑x Yes ❑ No
2d. Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
❑x Yes ❑ No
approved local government stormwater program?
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2e. Which of the following stormwater management program(s) apply?
❑x Local Government
(Check all that apply)
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Page 15 of 21 PCN Form - Version 1.5, September 2020
❑x Phase II ❑ USMP
Local Government Stormwater Programs
❑x NSW ❑x Water Supply
Please identify which local government stormwater program you are using.
Greensboro
❑ Phase II ❑ HQW or ORW
State Stormwater Programs
❑ Coastal Counties ❑x Other
Comments:
A SWMP is required and has been submitted to Greensboro for review and approval.
Page 16 of 21 PCN Form - Version 1.5, September 2020
G. Supplementary Information
1. Environmental Documentation
1 a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
❑ Yes ❑ No
Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
A NEPA or SEPA is not required.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), ❑ Yes ❑x No
DWR Surface Water or Wetland Standards or Riparian Buffer Rules
(15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality?
3b. If you answered "no", provide a short narrative description:
Additional development as a result of the proposed development is not anticipated.
3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdo in accordance with the most recent
DWR policy.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Sewage will be discharged into existing sewer lines that are located east of the site. The sewer line must cross a
stream in order to connect to the existing lines. Impacts are described in Section D (Proposed Impacts Inventory).
Page 17 of 21 PCN Form - Version 1.5, September 2020
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
® Yes ❑ No
species or habitat? (IPAC weblink: hftps://www.fws.gov/ipac/ Ifws.govl)
5b.
Have you checked with the USFWS concerning Endangered Species
❑ Yes ❑x No
Act impacts?
5c.
If yes, indicate the USFWS Field Office you have contacted.
:,hoose one
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e.
Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.?
®Yes ElNo
5g.
Does this project involve bridge maintenance or removal? *
❑ Yes ❑x No
Link to NLEB SLOPES document: http://saw-reg.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)?
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x No
mechanized pile drivers, etc.?
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdo
Page 18 of 21 PCN Form - Version 1.5, September 2020
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?
US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC
3 listed species are identified on the IPaC report (attached). Monarch butterfly, Small whorled pogonia and
Schweinitz's sunflower are federally listed species. Potential habitat for these species is not located within the
proposed project areas.
The areas where the impacts will occur (including areas within 100 feet of the proposed impact) consist of a 30 year old
mixed pine/hardwood forest. The under -story and mid -story are moderately dense. The areas of the stream crossings
are vegetated predominately of hardwood species. The understory is dominated by Japanese stilt -grass, Chinese
privet, Russian olive and Japanese honeysuckle that is moderate to densely vegetated. A small area of an existing
sewer easement is located within proximity of the proposed sewer line crossing.
The monarch butterfly's habitat is open fields and meadows with milkweed. Habitat is not present within the area of
impact or within 100 feet of the area of impact.
Small whorled pogonia can be limited by shade. The species seems to require small light gaps, or canopy breaks, and
generally grows in areas with sparse to moderate ground cover. Too many other plants in an area can be harmful to
this plant. This orchid typically grows under canopies that are relatively open or near features that create long -
persisting breaks in the forest canopy such as a road or a stream. It grows in mixed -deciduous or mixed-
deciduous/coniferous forests that are generally in second- or third -growth successional stages. The soils in which it
lives are usually acidic, moist, and have very few nutrients. The USFWS Fact Sheet indicates that: "This orchid grows
in older hardwood stands of beech, birch, maple, oak and hickory that have an open understory. Sometimes it grows
in stands of softwoods such as hemlock. It prefers acid soils with a thick layer of dead leaves, often on slopes near
small streams."
The forested areas that are being impacted are estimated to be approximately 30 year old forest. Due to previous
storms, there is an abundance of downed trees that are overgrown with low-lying herbaceous species in the vicinity of
the road crossing. The mid and understories are moderate to dense. The dominant hardwood species are poplar,
sweetgum and maple. Eastern red cedar, loblolly pine and Virginia pine are scattered amongst the hardwoods. Based
on our observations, the impact areas and areas within 100 feet of the impact areas are not suitable habitat for this
species. Additionally, we did not observe orchids growing in the areas during our site visits.
A small area of an existing sewer line easement will be temporarily disturbed in order to connect the site to an existing
manhole. The area of sewer line easement that will be impacted is dendsely vegetated with korean lespedeza, dog -
fennel and blackberry. Habitat for Schweinitz's sunflower is not present on the site.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
❑ Yes
❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes
❑x No El Unknown
Will this project affect submerged aquatic vegetation?
❑ Yes
❑x No ❑ Unknown
Explain:'lick
to enter.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
Essential Fish Habitat Mapper — NOAA Fisheries
Page 19 of 21 PCN Form - Version 1.5, September 2020
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://gis.ncdcr.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
❑ Yes Z No
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified on the site or within one mile of
the site. 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? *
Z Yes ❑ No
8b. If yes, explain how the project meets FEMA requirements.
The sewer line will cross the 100-year floodplain. The stream impact from the sewer line is temporary and the
bed, banks and areas located adjacent to the stream will be restored to grade. Other impacts are outside of the
100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?
National Flood Hazard Layer froom FEMA Web Map Service — Drawing 4 (Attached)
Page 20 of 21 PCN Form - Version 1.5, September 2020
H. Miscellaneous
Comments:
Please let me know if you need additional information in order to process this application.
Attach pertinent documentation or attachments not previously requested
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: Michael T. Brame
Michael DigitzIIy,ig-d by Mi,h.,I B,—
DN: cn-Michael Brame,. -Pilot
Signature: nnmen[zl,lnc.,nn.
Brame DA, 2
0
mbra0.2 1171122D-DD c=US
10/21 /2022
Page 21 of 21 PCN Form - Version 1.5, September 2020
Proposal for Environmental Services
Pilot Proposal 5156.2
September 28, 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: 5631 Ruffin Rd
Greensboro, NC
Applicant Information:
Name: Precept Construction, LLC
Address: Post Office Box 10376
Greensboro, NC 27404
Telephone Number:
Fax Number:
E-mail Address:
Signature: ;/ 1-2Date.9-29-2022
Il
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RUFFIN ACQUISITION GROUP...
5631 RUFFIN RO
CA MA Report
Community Info
Well and Septic
Neighborhood Sales
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Parcel Verify
Tax Appraisal Information
7
Tax Bill Card
Image Oblique Photos
Parcel Number
95729
PIN
7833158694
Owner
RUFFIN ACQUi SITION
Fla,
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Owner History
Mail Address
Card Image
118 E AVONDALE OR
Mail City
GRFFNS80R0
Mail State
NC
Mail Zip
27403
Property Address
5631 RUFFIN RD
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Michael Brame
From: Heather LaGamba
Sent: Tuesday, September 27, 2022 11:02 AM
To: 401 PreFile@ncdenr.gov
Subject: Pre -File Notice - Ruffin Rd (5156)
We would like to submit a Pre -filing Notice for the following project:
Project Name: Ruffin Rd (5156)
Project Owner: Precept Construction, LLC
Project Owner's Address: Post Office Box 10376, Greensboro, North Carolina 27404
Project County: Guilford
Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined
Thank you and have a wonderful day!
Sincerely,
Heather LaGamba
336.345.9536 (c)
336.310.4527 (o)
P.O. Box 128
Kernersville, NC 27285
www.lilotenviro.com
hiagamba@pilotenviro.com
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Site Boundary
USGS Topographic Map
Drawing 1 5631 Ruffin Road
USGS Topographic Map - Approximate 10-Acre Tract
_ _
Guilford, NC Quadrangle r - Greensboro, Guilford County, NC
Scale: 1" = 2,000' PILOi Pilot Project 5156
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Site Boundary
Drawing 2A Published Soil Map
USDA Published Soil Survey r W _,, 1 '' 5631 Ruffin Road
of Guilford County, NC r Approximate 10-Acre Tract
Published 1977, Sheet 26 and 32 p'LO'W '"' Greensboro, Guilford County, NC
Not to Scale PLOT ENVIRONMENTAL.INC Pilot Project5156
y, ,! 4tP.
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LEGEND
Site Boundary
--M Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Riverine w
Other
1
Drawing 3 NWI Map
USFWS NWI i _ ,; 5631 Ruffin Road
Wetlands Mapper r ��� _ Approximate 10-Acre Tract
Scale: 1" - 200' p'�'� Greensboro, Guilford County, NC
PILOT ENVIRONMENTAL. NC Pilot Project5156
Drawing 4
National Flood Hazard Layer
from FEMA Web Map Service
Scale: 1" = 200'
.
PILO
P I L O T 6 N V I R 0 N M E N Y A L I N C.
rqTr.
Od$ �L`
FEMA FIRM
5631 Ruffin Road
Approximate 10-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5156
SA
10 LF
SB
300 LF WB 1-7
0.014 Ac.
DP-20
O
DP-1
WB 8-16
0.013 Ac.
USACE PJD
Request Area
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = 2
Wetland Flags = 24
w�+
Ld
Site Boundary
........ Intermittent Stream
DP-1 Q Data Point
WA 1-5 Flag Number/Feature ID
L
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MR. DA
HOMEWOOD WITH THE NCDEQ-DWR ON OCTOBER 23, 2019. THIS MAP INCLUDES GPS LOC
Drawing 5
2018 Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 200'
Date: 8.5.21
Wetland Map
s 5631 Ruffin Road
Approximate 9.83-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5156
WA 1-8
0.054 Ac.
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = 2 _
Wetland Flags = 24 -
v
LEGEND
W- Site Boundary
........ Intermittent Stream ,
Wetland
DP-1 Q Data Point
'j�
WA 1-5 Flag Number/Feature ID T
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE
HOMEWOOD WITH THE NCDEQ-DWR ON OCTOBER 23, 2019. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5
2018 Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 50'
Date: 8.5.21
Wetland Map
s 5631 Ruffin Road
Approximate 0.17-Acre Tract
Greensboro, Guilford County, NC
Pilot Project 5156
ri
3
LEGEND'
Site Boundary
Perennial Stream
C
Sewer line 1
DP-1 Q Data Point G
n _
ke
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE. THIS EXHIBIT
INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. SURVEY CONDUCTED BY PILOT PERSONNEL ON 10.05.22.
Drawing 5A Wetland Map (Includes Sewer
2018 Aerial Imagery from ESRI Easement
5631 Ruffin Road
and Pilot GPS Data
' - Scale: 1" = 200' Approximate 9.83-Acre Tract
�
Date: 10.5.22 PILO Greensboro, Guilford County, NC
PILOT SNVIFONMENTAL.INC Pilot Project5156
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01994 County: Guilford U.S.G.S. Quad: NC- Guilford
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Pilot Environmental, Inc.
Attn: David Brame
Address: PO Box 128
Kernersville, NC 27285
Size (acres) —10 Nearest Town Greensboro
Nearest Waterway Bull Run River Basin Cape Fear
USGS HUC 03030003 Coordinates 36.042512,-79.906438
Location description: The project area is on the south side of Ruffin Road, approximately 0.05 mile east of its intersection with
WedLyewood Drive, in Greensboro. Guilford County. North Carolina. The nroiect area is shown as the orange -outlined "Site
Boundary" on the attached map entitled "Drawing 5."
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 10/24/2019. 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 wedandson 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 _. We strongly suggest you
have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this
SAW-2019-01994
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 on _. 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 David E. Bailey at (919) 554-4884 X 30 or
David.E.Bailev2(&usace.armv.mil.
C. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 05/14/2020.
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.**
Date: 2020.05.14 08:26:51
Corps Regulatory Official:-04'00'
Date of JD: 05/14/2020 Expiration Date of JD: Not applicable
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:Hcolpsmapu.usace.g=.mil/cm_apex/f?p=136:4:0.
Copy furnished:
Scott Allred, Precept Construction, LLC, PO Box 10376, Greensboro, NC 27404
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
L HOMEWOOD WITH THE NCDEQ-DWR ON OCTOBER 23, 2019. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5 '' Wetland Map
2018 Aerial Imagery from ESRI 5631 Ruffin Road
and Pilot GPS Data 1 �� - _ Approximate 10-Acre Tract
Scale: 1" = 200' Greensboro, Guilford County, NC
Date: 10.24.19 p�r 9 14 R 0 N w I k r A k. I N C Pilot Project 5156
SAW-2019-01994
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Pilot Environmental Inc. Attn: David Brame File Number: SAW-2019-01994 Date: 05/14/2020
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
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
or the 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 final
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 PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
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.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
SAW-2019-01994
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 reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: JE
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: David E. Bailey
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
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 opportum to participate in all site invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David E. Bailey, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/14/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: D❑dd Br❑❑e, Pi[Ot ❑ndron❑entEIJlnc❑
Post Office Box 12Et ❑ernersdlie, Nort❑CD'O[in ❑272E5
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW-2019-01994 (5156-5631 Ruffin Road / Greensboro / Guilford County / residential)
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located south of Ruffin Road in
Greensboro, Guilford County, NC. The site contains wooded land. The site is proposed for development with apartments.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Guilford County City: Greensboro
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.042556' Lon❑❑J❑II065051:1
Universal Transverse Mercator: WGS 84
Name of nearest waterbody: Bu[[[Run
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): 10/23/2019
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Latitude (decimal
Longitude
Estimated amount of
Type of aquatic
Geographic authority to
Number
degrees)
(decimal degrees)
aquatic resources in
resources (i.e.,
which the aquatic resource
review area (acreage
wetland vs. non-
"may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
SA
36.0446140
-79.9066680
10 LF
Non -wetland
404
water
SB
36.0435860
-79.9068070
300 LF
Non -wetland
404
water
SBA
36.0436160
-79.9070110
15 LF
Non -wetland
404
water
WB 1-7
36.0435040
-79.9064220
0.014 Ac.
Wetland
404
WB 8-16
36.04350
-79.90650
0.013Ac.
Wetland
404
WA 1-8
36.04150
-79.90560
0.054 ac.
Wetland
404
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 (NWT) 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 NWT 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 should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
❑x Maps, plans, plots or plat submitted b or on behalf of the PJD requestor:
Man. Aenal, soils, and topo maps (PEI)
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑x 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
® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A
® National wetlands inventory map(s). Cite name: Drawing 3
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Drawing_4
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Drawing 5
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): LiDAr (NC Floodmaps)
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later iurisdictional
determinations.
Date:
2020.05.14
08:06:45-04'00'
Signature and date of Regulatory
staff member completing PJD
�-� October 14, 2019
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.
.4
8 ,
United States Department of the Interior
FISH AND WILDLIFE SERVICE
ARCH 3. 58s� Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2023-0007550
Project Name: Ruffin Road
October 21, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
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species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.govibirds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.govibirds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/
executive-orders/e0-13186.php.
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We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
• Migratory Birds
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Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
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Project Summary
Project Code: 2023-0007550
Project Name: Ruffin Road
Project Type: Residential Construction
Project Description: The site is an approximate 9.83-acre tract located at 5631 Ruffin Road.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)36.0428405.-79.90653240627287.14z
Counties: Guilford County, North Carolina
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Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Insects
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
STATUS
Candidate
STATUS
Endangered
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds 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.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
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BREEDING
NAME SEASON
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
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
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(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle 1111 Mill IOL� + 6" 41* ED 1+�+ 1+++ 1111011111111111
Non -BCC
Vulnerable ������ ■�� ���� ����
•--- ---- ---- ----
Chimney Swift BCC Rangewide + I + I + I I + I ++ I +011 ++++ ++++
(CON)
KentBCCuRangewide cky er 44 11 I I 1 I+++ I I I I I I I ii++ ++++ ++++ ++++ ++++ ++++
(CON)
�� ��`
Prairie Warbler I I I I I I I yy I I1 ■■ ■Wr'
BCC Rangewide + I + I + I I + I ++ I l yy l I ++ ++++ ++++ ++++ ++++ ++++ ++++
(CON) I I I I I I y
Prothonotary
Warbler + I + I 1 I I I I + I ++ I TTTT I I I , as+ ,+,+ ,+++ ++0+ ++++ ++++ ++++
BCC Rangewide
(CON)
Red-headed Woodpecker 01+* 0000 NON 41 1 1 1 1 1 1 1 1 1 1 AN Im 1+01 Mill mI 01+1
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4
BCC Rangewide
(CON)
Rusty Blackbird BCC -BCR T +T0+ ++++ T+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +0+* ++++
Wood Thrush I I I I I yy yyyyyy
BCC Rangewide ++++ ++++ +++T *01 loom ++1+ +++0 +0" 00++ ++++ ++++
(CON) MEE M ■bMM MMI.
Additional information can be found using the following links:
■ Birds of Conservation Concern https://www.fws.goy/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the 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.
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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
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.
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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 LOr1nQ.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
10/21/2022
IPaC User Contact Information
Agency: Pilot Environmental, Inc.
Name: Michael Brame
Address: 743 Park Lawn Court
City:
Kernersville
State:
NC
Zip:
27284
Email
mbrame@pilotenviro.com
Phone:
3367084620
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