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HomeMy WebLinkAbout20221716 Ver 1_401 Application_20221205Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221716 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Sue Homewood:eads\slhomewood:Sue.Homewood@ncdenr.gov Winston-Salem Regional Office - (336) 776-9800 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 9/9/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: US Highway 119 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) Alamance Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 2972.2_NC Highway 119_PCN_12.2.22.pdf 4.13MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit ............................................................................................................................................................................................................................ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: rif 00. �Zaf. Submittal Date: 12/5/2022 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2017-02651 Prepare file folder ❑ 1. Project Name [PCN Form A2a]: NC Highway 119 Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: VPrivate ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Attached 4. Property Owner / Applicant [PCN Form A3 or A4]: Attached 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Brad Luckey/Pilot Environmental 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: 36.04430,-79.33318 8. Project Location —Tax Parcel ID [PCN Form Bla]: Attached 9. Project Location — County [PCN Form A2b]: Alamance 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mebane 11. Project Information — Nearest Waterbody [PCN Form 132a]: Back creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030002 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ❑✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required C Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express N Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: NC Highway 119 2b. County: Alamance 2c. Nearest municipality / town: Mebane 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Scott Mayo Properties II, LLC 3b. Deed Book and Page No. 2878/0611 3c. Responsible Party (for LLC if applicable): Mr. Taylor Irwin 3d. Street address: 840 Plantation Drive 3e. City, state, zip: Burlington, NC 27215 3f. Telephone no.: 336-282-3550 3g. Fax no.: 3h. Email address: Tlrwin@windsorcommercial.com Page 1 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Mr. Taylor Irwin 4c. Business name (if applicable): Windsor Contracting, LLC 4d. Street address: 1007 Battleground Avenue, Suite 301 4e. City, state, zip: Greensboro, NC 4f. Telephone no.: 336-282-3550 4g. Fax no.: 4h. Email address: Tlrwin@windsorcommercial.com 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336-708-4997 5f. Fax no.: 5g. Email address: bluckey@pilotenviro.com Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9803172212 1 b. Site coordinates (in decimal degrees): Latitude: 36.04566 Longitude: --79.33331 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 68 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Back Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V, NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land and fields. Structures are not located on the site. The site is located in Alamance County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: —0.56ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Perennial Stream=-1,600LF. Intermittent Stream=-325LF. Open Waters=-0.80ac. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access for a proposed industrial facility 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the site with an approximate 788,500 square foot industrial facility with circular tractor access, shipping/receiving docks, tractor court parking, vehicular parking and stormwater retentions devices. To provide circular access to the industrial facility, it is necessary to construct a road crossing that will impact an intermittent stream. To facilitate development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No ❑Unknown project (including all prior phases) in the past? Comments: Agency Visit 10.5.17 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Pilot Enviromental, Inc. Name (if known): Bradley Luckey/Michael Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. JD Not Issued. DWR, 10.9.17 (attached). 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The applicant requested NWP 39 Verification and assoicated 401 WQC for the proposed project in 2019. The proposed project was not verified by NWP 39 at or since that time. The applicant received a DWR 401 WQC and Jordan Lake Riparian Buffer Authorization Dated 6.16.20 (DWR2020484). The DWR 401 WQC has since expired. Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ®T Fill Unnamed ❑ PER ® INT ® Corps ❑ DWQ 1.44 130 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 130 3i. Comments: The proposed stream crossing will permanently impact 130 linear feet (188SF) of intermittent stream channel associated with road crossing fill. A BMP will be installed at the most down -gradient portion of the impact area to prevent down -gradient sedimentation. Temporary impacts are not proposed. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: Jordan Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T Perpendicular ❑ Yes B1 ® P ® T Road Unnamed ® No 8,255/0 5,525/1,540 Crossing B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 8,255/0 5,525/1,540 6i. Comments: The proposed road crossing will permanently impact 8,255SF of Zone 1 buffer, 5,525SF of Zone 2 buffer and temporarily impact 1,540SF of Zone 2 buffer with clearing/grading. Areas of temporary impact will be planted with native herbaceous seed mix. Mitigation is not proposed for buffer impacts. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant has designed the proposed project in efforts to avoid and minimize impacts to WoUS. Initial project designs included the construction of a larger industrial facility. This design would have required an individual 404/401 permit. The applicant reduced the size of the industrial facility to avoid significantly more impact to WoUS. The proposed road crossing has been designed to cross the upper -most portion of a weakly defined intermittent stream, in an area where the stream is relatively straight. The road crossing was designed as near to perpendicular as possible. Initial road crossing designs impacted greater than 150LF of intermittent stream channel and were located farther down -gradient than the impacts proposed within this application. However, the applicant further reduced the number of shipping/receiving docks/tractor court parking and re -aligned the road crossing as close to the proposed facility to the maximum extent possible, thus avoiding at least 20LF of intermittent stream impact. The applicant has designed the road crossing to utilize a 3:1 side slope up -gradient of the proposed building that will be graded to tie into final building grading, which is anticipated to be near the top elevation of the road. The 3:1 side slope up - gradient of the culvert was shown to document that stream impacts were a result of the road crossing grading and not a result of the building. The down -gradient portion of the culvert was designed with a 3:1 side slope to reduce safety concerns and will require less maintenance than a 2:1 side slope. The applicant considered the use of retaining walls on the down -gradient portion of the stream to further minimize slope impact to the stream. However, the cost of the retaining walls compared to the relative little amount of reduction of stream impact is not practical or a cost effective technique to further avoid impact to waters compared to other avoidance and minimization techniques utilize during preliminary design of the proposed facility that result in greater avoidance of stream impact. The applicant further reduced and minimized impact to the stream by lowering the elevation of the road and aligning the proposed road crossing as close to the building as possible. In doing so, the applicant further reduced the number of tractor docks and court spaces to align the proposed road as close to the building as possible while maintaining safe and appropriate turn radius, width, grade, etc. for safe tractor trailer accessibility. This design technique reduced the area of stream impact by at least an additional approximate 20 linear feet. The road alignment cannot be shifted closer to the building than is proposed because of safety concerns associated with tractor accessibility and building structural design. The applicant has designed a stormwater BMP to discharge proximate to the most down -gradient limits of stream fill to supplement surface drainage area (attached). Based on preliminary calculations, it appears that approximately 30% or more of the existing intermittent stream drainage area will discharge proximate to un-impacted portions of the intermittent stream down -gradient of the proposed impact limits. Therefore, it is our opinion that de-wateringof the remainder of the un-impacted Page 7 of 13 PCN Form — Version 1.3 December 10, 2008 Version stream on the site is not likely to occur. Approximately 1,600 linear feet of perennial stream channel, 0.56 acres of wetlands, 0.80 acres of open water ponds and the remaining 245 linear feet of intermittent stream channel are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and BMPs will be utilized to prevent down -gradient sedimentation. Temporary impacts to riparian buffers will be stabilized with native herbaceous seed mix and matted appropriately. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Mitigation is not proposed. Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Buffer mitigation is not proposed. Page 9 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: A diffuse plan is being completed as part of the post -construction ❑ Yes ® No stormwater management plan. Based on preliminary design information, the applicant has designed the proposed project to allow areas of uplands to be utilized for stormwater retention devices to discharge via diffuse flow. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 49 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A stormwater management plan is being completed for the proposed project. The applicant has designed the proposed project such that stormwater will be treated within uplands areas and diffuse flow can be maintained. ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ® Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No 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 ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ® No Comments: We are not aware of a NEPA or SEPA being required as part of this project. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We are not aware of additional development that will impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will connect to municipal sanitary sewer system. Page 11 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS IPaC report (attached) identifies the Tri-colored bat as being proposed for listing threatened species. Other federally protected species are not identified. The Project Area contains immature pines estimated to be less than 20 years in age. Similar and higher quality roosting habitat will remaining on the eastern portion of the site and adjacent properties of the site. Based on our observations, it is our opinion the proposed project will have no effect to the Tri- colored bat or protected species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See SHPO consultation 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM 3710889300J (Drawing 4, Verification Package Previously Provided) Digitally signed by Bradley Luckey Env mBradley Luckey, o—Pilot Enviroromenta 1, Inc., ou, Bradley Luc key BradleyS. Lucke email—bluckey@pilotenviro.com,c=US 12Z 2Z 22 Date: 2022.12.02 16:36:34 -05'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version Page 13 of 13 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Applicant Information: 2001 Kimrey Rd. (Tax ID 9803172212) Mebane, NC Name: Windsor Contracting, LLC Attn: Taylor Irwin Address: 1007 Battleground Ave., Suite 301 Greensboro, NC Telephone Number: Fax Number: E-mail Address: tirwin@windsorcommercial.us Signature: ��'�`' `� ^ Date: 09/27/22 �31IS NV -Id 7Vt J3n0 P o 0 %Nnoa%DH1 ON-1-0D 3DN%WVl% m 0 " 6TT AMH DN - 1N3Wd0�3/�34 �bI2ilSf14NI 43SOd02id ZS9T-O 'ON 3SN3OIVNIIObVO Hi'dON 60bLZ JN Waogsu3�+aJaIO�9Z1400'9OZE9NI90E'9J9IEnSESN]3a3aNg95 ]ahse9w9''9�{EfZbl9381 a,o010 NoIsIn Hoot •••• •• dnOuo SNO W W ' Ishoo 3H1 1tl tl3Nd 9/Ad SIHi 19 L o 4l as n �iiiiiiiii offliiiiiiiinllll 6 �a � nI1111111111nI1111111111nI1111111111n � `�� G '" nI111 nI111 n _ nI111 g w Z zw p� W w O >O o za MQ� wp se � q o ¢� 2 u n — a �. 2 w¢ J U s MZ o� fan C) W M D ZO s- w ¢ O � Ir C, \ M .0 M LU I I W / 1 O in U) � (n o OLo]- o p jv o O U Y � 0EnW O COS � co ¢ v U Y C) \ '�� � W w w — O I �Qin I m� z z N OO u wwm ¢w¢ �w U O?mO¢ F lrU) OHO �N m In iQi M (M O O u \ z¢¢ \ OU Qw U \ w Z LL lanOO JIOnal Wp U) \ 0 w O � LL UN (ovoatlS2l2kmN�a>rvaoiJ '� QNo� y 9.�1= O e�ooW pooe, AN I WHa l: 0 f oZOZ,S uo pallor{I6mpIN— e]is IleZeno\]i0iux,eeuSl9ooC1\P e]iG �{77N-zoeaM/o L\.� 0IIOIHX3 JNISSO2JD VAVI2lSan o °o t/Nnoat/I H1aON-;.1Nno1 3�Nt/wVlt/ m q w ti 6TT lMH ON - 1N3Wd0-1DAD(I -1vidisn(INI O3SOdOldd ZS9T-O 'ON 3SN3JIl VNIIObVO Hi'dON +OZ40'Z99'9EE XV1 IIt0'Z99'9EE131 •• • �� d o OBI J S N O W W I1 60bLZ JN Waogsuaa9 , gEi EJInS ]aag5 ]ahsew'A{ Zb98 3JI31003109SN33N9 snnoH,nOnH1o3n3�F1nNOIIIA1— 3H11tl 432 Add —/A— SIHl • � � W I\ \ \ m LL / w 0 O U) LLI W O 00 ----- - - - - -_ / /' V ` �v Q H c� ao \ U IL IL U H H d U U IL IL �LL a a U I¢ N N W N Q Q Of I I / Of Of Of \\\ / W/ I /I W W W L U U 0 LILL IL IL ILL co W Z Z N(D Q Q I I LLB W W W W 2 2 M / Z Z ZOf Of J O O O W W W V) N N N Of I1 I1 \ I I r I— / 1 Lu I `z 0-1 \ \ W FC \ \ \ \\ \ \ d Lu, O\ LL ccam-�,, \ \ \ 1\\ \I 1\ \, 0\ M\ �\\ \ \\\�\o 7\ \ \\ \\ \\ \\ \\ \ \ II I II \\ \ \ \ z 1)\ \ \ \ \ \ \ I I I \ \ ILU A \ \ \\ \I Q OII \ \ \ 1 > V A 1 1 1, \ \ \ Io W \ I I \ \ \ \ \ I \ In \ \ \ \\ \\\ \ \ 1 eIOOW Oooer AN I W £C£ZZO ,/LL uO pe11 4 16,p 6wpe 6wssOd7 we719T➢p,-1-1—A ➢G -111 d—N-101-0I1 1 Water Resources Environmental Quality October 9, 2017 Mr. Michael T. Brame Pilot Environmental Inc. P.O. Box 128 Kernersville, NC 27285 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Subject Property: NC Commerce Park — Kimrey Rd, Mebane, Alamance County Dear Mr. Brame: On October 5, 2017, at your request, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. David Bailey with the US Army Corps of Engineers was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached sketch map accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. These regulations are subject to change in the future. In addition, the Jordan Lake Buffer Rules may apply to some streams at this location, please be sure to contact the local government for further information regarding the Jordan Lake Buffer Rules. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. State of North Carolina I Environmental Quality 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336-776-9800 This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue.homewoodkncdenr. gov. Sincerely, S � ',= * � "S �' Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Stream Map Cc: Scott Mayo Properties II, LLC, 840 Plantation Dr, Burlington NC 27215 David Bailey, USACE Raleigh Regulatory Field Office (via email) Josh Johnson, AWCK (via email) DWR, Winston-Salem Regional Office �l' � J i — �Jj � � '�/"5•`>Q r ►" .;.� _ �� • ��i�: r ti � ( try ��.� l �fff��� 550 .y i f � � j �-•-r.'•---4,'-+� •� •�l ����„ � � .� y ����ttt� �l N °� � _� � `•r . ter- � coo Cen t ri tp Park i. '--- 530 r '� rrll ; Id i�- a {+I`(/yl1,jl 8 1 1•.1L•.—�. �. ° L V 600 � llli Ir '�C �� � � l �1 ' V ti • �� 612 T5 S— P. - � I � • _ VV '' � � Pia ; � ��' � � `- � f • . ��� �' •`.. - � it •fy'.�.fjlj'! •��' r' •r " '�/1� +�- LEGEND Site Boundary � `� • },>�,���fr ��-. , ,' ?�!�� • � . � `� 1"� I �= ^ ! � �",-�,. 1, ' ` -�•�� E �1 �=�.t11�-i�lff! �`-�-�1� . USGS Topographic Map Drawing 1 NC Commerce Park USGS Topographic Map Kimery Road Concord West, NC Quadrangle P"-Q7. +� Graham, Alamance County, NC Scale: 1"-2,000/ PILOT ENVIR0NMENTAL,INC Pilot Project2972 • I r .V . N � 1 ter► • �-M4 . •►_ A 4 '177' TT • IL i + .% t � ' o, •r 1 ♦ �, LEGEND Site Boundary .•: Pond ...... Intermittent Stream � • II Perennial Stream r r+ se Wetlands Surveyor SA 1-5 Flag Number Locate' i DP_1 p Data Point 0 Verification Results Surveyor Locate .90— - - Locate X i dp ' e., wa3-11 4 FLAG NUMBERS/INFO * i DP-2 O 1 , WETLAND FLAGS = � Q ate STREAM FLAGS = Stream Flags = 12 iSB 1-6 Wetland Flags = 41 Total Flags = 53► a ,'THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON OCTOBER 5, 2017. THEY HAVE NOT BEEN SURVEYED OR61 GEOLOCATED. 1- Drawing 5 Wetland Map 2016 Aerial Imagery from Google Earth NC Commerce Park and Pilot Field Notes - - J Kimrey Road Scale: 1" = 300' $11L.TIL01rA%Graham, Alamance County, NC Date:08.30.17 ENYIRONMENTAL,INC Pilot Project2972 United States Department of the Interior FISH AND WILDLIFE SERVICE 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: 2023-0021224 Project Name: NC Highway 119 December 02, 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 12/02/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 12/02/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 12/02/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/02/2022 Project Summary Project Code: 2023-0021224 Project Name: NC Highway 119 Project Type: Commercial Development Project Description: Industrial Development Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.04451525,-79.33338113911825,14z Counties: Alamance County, North Carolina 12/02/2022 3 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/02/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus 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 t0 Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 12/02/2022 BREEDING NAME SEASON 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 (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. 12/02/2022 3 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 Non -BCC Vulnerable Chimney Swift BCC Rangewide +++1 1 +++ + I I I I III Jill Jill ill"'„ Jill "++ ++++ ++++ (CON) Prairie Warbler BCC Rangewide ++++ ++++ ++++ +++, ++T+ ++++ ++I+ ++++ ++++ ++++ ++++ ++++ (CON) IN Ed 0 Warbler Prothonotary +++1 1 1 1 1 I-+++ +t I I I I I I I I I I++++ ++++ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Woodpecker +000 01+1 *++* ++++ +11� TITT TTTq III+ ++++ 1++10+++ BCC Rangewide r L (CON) Rusty Blackbird ++++ ++++ T+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++, 0+++ BCC -BCR 12/02/2022 4 Wood Thrush ++++ ++ IT + BCC Rangewide T T (CON) +111 +111 dill ++I+ ++++ ++++ ++++ Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures. 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 (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, bandim and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 12/02/2022 5 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. 12/02/2022 6 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 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. 12/02/2022 IPaC User Contact Information Agency: Pilot Enviromental, Inc Name: Bradley Luckey Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27285 Email bluckey@pilotenviro.com Phone: 3367084997 From: Heather LaGamba To: 401PreFileCa ncdenr.aov Subject: Pre -File Notice - NC Commerce Park - US Highway 119 (2972.2) Date: Friday, September 9, 2022 2:17:00 PM We would like to submit a Pre -filing Notice for the following project: Project Name: INC Commerce Park— Kimrey Dr (2972.2) Project Owner: Windsor Commercial Project Owner's Address: 5603 New Garden Village Drive, Greensboro, INC 27410 Project County: Alamance 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.oilotenviro.com hlagamba(@pilotenviro.com