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HomeMy WebLinkAbout20220724 Ver 2_401 Application_20221223Staff 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# * 20220724 Version* 2 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: 11 /11 /2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Flemingfield Rd Sidewalk 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 5131.4_Village Heights_ Flemingfield Road_PCN 9.9MB App_12.23.22.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: 12/23/2022 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021- 01305 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Village Heights/Flemingfield Road 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The site contains wooded land. The site is proposed for residential development. 4. Property Owner / Applicant [PCN Form A3 or A4]: 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]: 36.092285°/-79.707960°, 138 Flemingfield Road 8. Project Location— Tax Parcel ID [PCN Form Bla]: 7895037134 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]: South Buffalo 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 Revised 20150602 AUI� - P I L 01 E N V I R 0 N M E N T A L, I N C December 23, 2022 North Carolina Division of Water Resources Attn: Ms. Sue Homewood Winston-Salem Regional Office - 401 Wetlands Unit 450 West Hanes Mill Road Winston Salem, North Carolina 27105 US Army Corps of Engineers Attn: David E. Bailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Reference: NWP Request Village Heights — Sidewalk Extension Flemingfield Road Greensboro, Guilford County, North Carolina Pilot Project 5131.4 USACE Action Id. SAW-2021-01305 DWR # 20220724 Dear Ms. Homewood and Mr. Bailey: Approvals for impacts associated with the Village Heights multifamily residential subdivision were previously authorized by your offices. The USACE NWP SAW-2021-01305 dated July 12, 2022 and the DWR Water Quality Certification No. WQC004996 dated July 8, 2022 are attached. The purpose of this application is to request additional stream impact for a sidewalk that will extend to the north of the proposed development. The sidewalk will require an extension to the existing culvert under Flemingfield Road and is a requirement of the City of Greensboro for the proposed development. The initial approvals authorize the permanent discharge of fill material into 0.0537 acre of riparian non-riverine wetlands (loss of waters of the US) and 0.012 acre (131 linearfeet) of stream channel (0.009 acre [93 linear feet] of which is considered a loss of waters of the US), as well as the temporary discharge of fill material into <0.001 acre (6 linear feet) of stream channel. The sidewalk extension will include an additional 0.021 acre (53 LF linear feet) of stream channel (0.0089 acre [23 linear feet] of which is considered a loss of waters of the US), as well as the temporary discharge of fill material into 0.002 acre (6 linear feet) of stream channel. The cumulative impacts will include 0.0537 acre of riparian non-riverine wetlands (loss of waters of the US) and 0.033 acre (184 linear feet) of stream channel (0.0179 acre [116 linear feet] of PO Box 128, Kernersville, NC 27285 www.pilotenviro.com Pilot Project 3075.4 October 14, 2022 which is considered a loss of waters of the US), as well as the temporary discharge of fill material into 0.003 acre (12 linear feet) of stream channel. The application for the additional impact is attached. Please call should you have any questions in regard to this request. Respectfully submitted, PILOT ENVIRONMENTAL, INC. 3 David S. Brame, PWS Project Manager Attachments: USACE and DWR Approvals PCN Application and Attachments U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01305 County: Guilford U.S.G.S. Quad: NC-McLeansville GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: True Homes, LLC Attn: Jeff Guernier Address: 2649 Breckonridge Centre Dr., Ste. 104 Monroe, NC 28110 Size (acres) —19 Nearest Town Greensboro Nearest Waterway UT to South Buffalo Creek River Basin Cape Fear USGS HUC 03030002 Coordinates 36.090639-79.709185 Location description: The project area is located on the east side of Flemingfield Road, approximately 0.3 mile north of its intersection with US Highway 70, at 138 Flemingfield Road, in Greensboro, Guilford County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.0537 acre of riparian non-riverine wetlands (loss of waters of the US) and 0.012 acre (131 linear feet) of stream channel (0.009 acre [93 linear feet] of which is considered a loss of waters of the US), as well as the temporary discharge of fill material into <0.001 acre (6 linear feet) of stream channel, necessary to install access and infrastructure for the Village Heights multifamily residential development. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 5/4/2022, and the enclosed plans Permitting Plan Sheets 1 - 8. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at (919) 554-4884 X 30 or David.E.Bailev2(a),usace.army.mil. Date: 2022.07.12 17:34:53 Corps Regulatory Official:-04'00' Date: 7/12/2022 Expiration Date of Verification: 3/15/2026 SAW-2021-01305 SPECIAL CONDITIONS Please note that future impacts and/or phases of the Village Heights residential development, and related activities associated with Corps Action ID: SAW-2021-01305, may be considered part of a single and complete project; these impacts may be considered cumulative with impacts authorized during earlier phases with respect to compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to waters of the US for the Village Heights residential single and complete project include a total loss of 0.0537 acre of wetlands and 0.009 acre (93 linear feet) of stream channel, or a total of 0.0627 acre of waters of the US. Date: 2022.07.12 17:34:38-04'00' Corps Regulatory Official: Expiration Date of Verification: 3/15/2026 Date: 7/12/2022 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 https://regulatoly.ops.usace.gM.mil/customer-service-survey. Copy furnished electronically: David Brame, Pilot Environmental, Inc. Sue Homewood, NCDEQ-DWR Q ma Svwoi—oz°3 z o� z o' �••mww ww n n m��n 'z BEY ae�frs� �_ j I—cQF3 M'85�37�6�a; EE gy# ad b bo 9H£ §„on as $S'U V �p � bn EoC sad �Sa rid �4 EN W� rc �^�Ram¢e g�:n�ac�:a'el J�a �o a€ _........p v? 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Action ID Number: SAW-2021-01305 County: Guilford Permittee: True Homes, LLC (Attn: Jeff Guernier) Project Name: Village Heights / 138 Flemingfield Road / Greensboro / Guilford County / residential Date Verification Issued: 7/12/2022 Project Manager: David E. Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2021-01305 A. Determination of Jurisdiction: 1. ® There are waters, including wetlands on the above -described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above -described project area 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters, including wetlands within the above -described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The jurisdictional areas within the above -described project area have been identified under a previous action. Please reference jurisdictional determination issued _. Action ID: B. Basis For Determination: See the preliminary Jurisdictional Determination form dated 7/12/2022. C. Remarks: D. 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). 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: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL 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: 2022.07.12 17:33:26 Corps Regulatory Official: -04'00' David E. Bailey Date of JD: 7/12/2022 Expiration Date of JD: Not applicable SAW-2021-01305 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND '=VREQUEST FOR APPEAL Applicant: True Homes LLC Attn: Jeff Guernier File Number: SAW-2021-01305 Date: 7/12/2022 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-2021-01305 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: 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. PHILIP A. SHANNIN Attn: David E. Bailey ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL 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 investi 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 DocuSign Envelope ID: F7rAnrAr-Arr,Z Arnr: AECC-9A34B39C3A9C ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 8, 2022 DWR # 20220724 Guilford County HPT Investments Attn: Mr. Jeff Guernier 2649 Breckonridge Centre Dr, Suite 104 Monroe NC 28110 Delivered via email to: JGuernier@truehomesusa.com Subject: Approval of Individual 401 Water Quality Certification Village Heights Dear Mr. Guernier: Attached hereto is a copy of Certification No. WQC004996 issued to Mr. Jeff Guernier and HPT Investments, dated July 8, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CARou Na 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 2 of 11 respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Winston-Salem Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Winston-Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaaD_NA 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 3 of 11 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSiiggned by: mJtr 1_.49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: David Brame, Pilot Environmental Inc. David Bailey, USACE Raleigh Regulatory Field Office Olivia Munzer, NCWRC Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL NA i 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 4 of 11 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004996 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mr. Jeff Guernier and HPT Investments, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on May 23, 2022, and by Public Notice issued by the Division on May 26, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Strea m S1-S3 93 (linear feet) 6 (linear feet) S4 38 (linear feet) 0 (linear feet) 404/401 Wetlands W1 0.0114 (acres) 0 (acres) W2 0.0244 (acres) 0 (acres) W3 0.0179 (acres) 0 (acres) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The permittee shall report to the DWR Winston Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaaD_NA 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 5 of 11 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO2B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaaD_NA 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 6 of 11 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 7. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 Nnhri caao, iNa 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 7 of 11 Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 9. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 N,1H�11�_O'Na 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 8 of 11 be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters North Carolina Department of Environmental Quality I Division of Water Resources D E Q:> Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 Noa1H raao�iNa 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 9 of 11 injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 13. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 14. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. North Carolina Department of Environmental Quality I Division of Water Resources �NAIFI Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 Nnr� r C336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 10 of 11 15. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NoalHCaao_wa 336.776.9800 DocuSign Envelope ID: F754D54F-A653-45DE-AECC-9A34B39C3A9C HPT Investments DWR# 20220724 Individual Certification #WQC004996 Page 11 of 11 18. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 8tn day of July 2022 EDocuSiig< gned by: Lun, l . c,J,Jtr 145B49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO North Carolina Department of Environmental Quality I Division of Water Resources D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 Noa1HCAao_wA 336.776.9800 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 7/12/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Guernier, Jeff True Homes, LLC 2649 Breckonrdige Centre Drive, Suite 104 Monroe, NC 28110 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW, Village Heights / 138 Flemingfield Road / Greensboro / Guilford County / residential, SAW-2021- 01305 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Guilford County City: Greensboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.0918750 Long.:-79.7081930 Universal Transverse Mercator: 17 Name of nearest waterbody: Buffalo Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: © Field Determination. Date(s): 7/13/2021 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 Stream SA 36.090137 -79.709194 830 feet Non -wetland waters Section 404 Stream SAA 36.089035 -79.708809 170 feet Non -wetland waters Section 404 Stream SC 36.093638 -79.708294 1607 feet Non -wetland waters Section 404 Stream SD 36.093898 -79.707291 473 feet Non -wetland waters Section 404 Stream SF 36.094636 -79.708796 952 feet Non -wetland waters Section 404 Wetland WA 43-72 36.090791 -79.709207 0.35 acres Wetland Section 404 Wetland WB 1-70 36.089399 -79.70814 1.9 acres Wetland Section 404 Wetland WC 1-25 36.093514 -79.707999 4.02 acres Wetland Section 404 Wetland WC 56-65 36.094927 -79.7085 0.52 acres Wetland Section 404 Wetland WD 1-53 36.093067 -79.707291 1.38 acres Wetland Section 404 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. Page 1 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: ' 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. Page 2 of 3 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: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Aerial, soils, and topo maps (PEI) 0 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: ■❑ Photographs: ■❑ Aerial (Name & Date): Drawing 5 or ❑ Other (Name & Date): (National Geodetic Vertical Datum of 1929) ❑ Previous determination(s). File no. and date of response letter: x❑ Other information (please specify): QL2 LiDAR (NC SDD Website) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date: 2022.07.12 16:52:38-04'00' Signature and date of Regulatory staff member completing PJD Michael Digitally signed Michael Brame DN: cn=Michael B Brame, o-Pilot Environmental, Inc., oa, emai I=mbrame@pi lotenvi ro.com, BrameDate 2021.07.15144955-04'00' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. WC 56-65 0.52 ac. SC ++ 1,607If. \ �+ DP-1 O O DP C WC 1-25 ■ 4.02 ac. WA 43-72 + 0.35 ac. + SA 830 If. WB 1-70 1.90 ac,. SAA 170 If. ' WD 1-53 1.38 ac. FLAG NUMBERS/INFORMATION Site Boundary WETLAND FLAGS =1 Intermittent Stream STREAM FLAGS = Perennial Stream Wetland Flags = 189 Wetland Stream Flags = Flagged at origins, confluences, and property line; DP 1 O Data Point surveyor locate WA Flag Number/Feature ID ■ THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON JULY 13, 2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 1/21/21. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 350' Date: 6.16.21 Wetland Map 138 Flemingfield Road Approximate 58.3-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 FATr N•:: -�l H CARD-INA [nAi% roiro¢n=1Quaitty Wditl'.4r.'Emer tfs Office Use Only Corps Action ID no. SAW-2021-01305 Date received: [Click to enter.] DWR project no. 20220724 Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.092087' Longitude (DD.DDDDDD):-79.708263' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%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. 10/19/2021 DWR ID # 20220724 Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: * Guilford Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 0 Nationwide Permit (NWP) 1 b. Permit type(s)? * ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ❑ Yes 0 No NWP number(s): NWP 29 RGP number(s): Click to enter 1 d. Type(s) of approval sought from the DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes 0 No For the record only for Corps Permit: * ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? 0 Yes 0 No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? * Jeff Guernier 1 b. Primary Contact Email: * JGuernier@truehomesusa.com 1 c. Primary Contact Phone: i (###)###-#### (336) 451-6682 1 d. Who is applying for the permit/certification? _ (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? Z Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * HPT Investments 2b. Deed Book and Page No.: 8589-1367 2c. Responsible Party (for corporations): Jeff Guernier 2d. Address i Street Address: 2649 Breckonrdige Centre Dr Address line 2: Suite 104 City: Monroe State/ Province/ Region: NC Postal/ Zip Code: 28110 Country: United States 2e. Telephone Number: * (###)###-#### 336-451-6682 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * JGuernier@truehomesusa.com 3. Applicant Information (if different from owner) 3a. Name: Same as LO 3b. Business Name (if applicable): Ture Homes 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * David S. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersvi Ile State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: * (###)###-#### (336) 708-4617 4e Fax Number: (###)###-#### Click to ente 4f. Email Address: * dbrame@pilotenviro.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.miI/Missions/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Village Heights 1 b. Subdivision name (if appropriate): none 1 c. Nearest municipality/town: * Greensboro, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 7895037134 2b. Property size (in acres): 32-Acre 2c. Project Address: Street Address: Flemingfield Road Address line 2: Click to enter. City: Greensboro State/ Province/ Region: NC Postal/ Zip Code: 27405 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 36.092087° Longitude (-DD.DDDDDD): *--79.708263° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * South Buffalo Creek 3b. Water Resources Classification of nearest receiving WS-V, NSW water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.htmI?id=6e125ad7628f494694e259c8Odd64265 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 030300020104 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 currently undeveloped. Ponds are not located on the site. Streams are located on the northern and southwestern portions of the site. The streams have defined beds and banks, evidence of an ordinary high-water mark, meanders, substrate sorting and riffle -pool complexes. Streams SC and SF contained flowing water and moderate to strong geomorphology, hydrology and biology. Streams SA, SAA and SD exhibit weaker stream characteristics and contained areas with a dry stream bed and appear intermittent. Wetlands are located adjacent to the streams on the site and within drainage swales throughout the site. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The surrounding properties consist of a road, residential and commercial properties. 4b. Have Corps permits or DWR certifications been obtained for this ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? 4c. If yes, please give the DWR Certification number and/or Corps SAW-2021-01305 Action ID (ex. SAW-0000-00000): jClick to enter.j Attach any pertinent project history documentation 4d. Attach an 8'/z x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 5.75 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 2,700 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivsion. The purpose of this application is for impacts associated with a required sidewalk extension. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of the Village Heights residential subdivision. A description of the subdivision project was included in the previous application and remains the same. In addition to the residential subdivision, a sidewalk is required along Flemingfield Road for connectivity to future development to the north. The sidewalk extension will require an extension to the existing culvert beneath Flemingfield Road. To facilitate the development of the site and construction of the sidewalk, 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? Page 6 of 21 PCN Form - Version 1.5, September 2020 Comments: The site was delineated by Pilot Environmental in January 2021. Name (if known): David Brame/Michael Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter. 5c. If the Corps made a jurisdictional determination, X❑ Preliminary ❑ Approved ❑ Emailed Concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2021-01305 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. July 22, 2022 — PJD prepared by Mr. David Bailey attached 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ® Yes X No 6b. If yes, explain. The site is a proposed single phase development. No additional phases are proposed or anticipated. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 Streams - tributaries 1 a. Where are the impacts associated with your project 0 Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type Duration* ? Type* (ac) W1 Choose one Permanent Click to enter Choose one YiiN Choose one Click to enter W2 Choose one Permanent Click to enter Choose one Y/N Choose one Click to enter W3 Choose one Permanent Click to enter Choose one Y/N Choose one Click to enter W4 Choose one N, Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Comments: No new wetland impacts are proposed for the sidewalk extension. Three wetland impacts (WI-W3) have been approved and were included in the original application. The total wetland impacts for the project are 0.0537 ac. 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 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Crossing/ Culvert Permanent SC Perennial Both 17 23 S6 Fill (Ind. Riprap) Permanent SC Perennial Both 17 30 S7 Dewatering Temporary SC Perennial Both 17 6 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: Click to enter. linear ft 3i2. Total permanent stream impacts: 53 linear ft M. Total temporary stream impacts: 6 linear ft 34. Total stream and ditch impacts: 59 linear ft 3j. Comments: Stream Impacts S1, S2, S3 and S4 were included in the previous application and previously approved. Stream Impacts S5, S6 and S7 are are associated with the sidewalk extension and have not been reviewed or approved. S5, S6 and S7 Impacts - The sidewalk extension will S5) permanently impact 23 If (0.009ac.) of stream with the culvert and headwalls and endwalls; S6) permanelty impact 30 If (0.012 ac.) of stream with rip rap that will be keyed into the stream bed at existing elevation; and, S7) temporary impact 6 If (0.002 ac.) of stream with a coffer dam for dewatering during construction. 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 to Click to Click to Click to Click to ClicK to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enfcr pnfnr 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)? X❑ Jordan ❑ Goose Creek ❑ 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?* 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: :lick to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: The project is located within the Jordan Lake watershed. Ms. Sue Homewood with the NCDEQ-DWR has conducted a stream determination at the site. The results of the DWR determination are included in the attached On -Site Determination for Applicability to the 401 Certification Mitigation Rules prepared by Ms. Homewood. Proposed buffer impacts are allowable without mitigation. Buffer impacts will be prepared by the civil for review and approval by the locally designated buffer authority. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to provide the required dual access and to provide the necessary and required sidewalk improvements and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, use of headwalls and endwalls and use of retaining walls were used to further reduce impacts to streams and wetlands. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. All work within the stream channel will be completed in the dry by pumping the stream around the work area. 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: The cumulative and mitigable impacts are less than 0.02 ac. of stream and less than 0.10 acre of wetland. 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) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes X No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ 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..qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003. pdf 2c. IS the project over an acre? 0 Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- 0 Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? 0 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.* City of Greensboro ❑ Phase II ❑ HQW or ORW State Stormwater Programs * ❑ Coastal Counties ❑ Other Comments: A SWMP has been submitted to the City of 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), DWR Surface Water or Wetland Standards or Riparian Buffer Rules ❑Yes X No (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s) Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes X No downstream water quality? * 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into existing sewer lines that are located on the site. Additional impacts associated with sewage disposal are not proposed. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes M No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes M No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes M No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes M No Link to NLEB SLOPES document: http://saw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes M No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes M No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC 3 listed species are identified on the IPaC report (attached). The Schweinitz's Sunflower, Monarch butterfly and Small whorled pogonia are included by the IPaC as federally listed species identified within the project area. Neither the crossing nor the areas proximate to the crossing contain suitable habitat for these species. According to the natural heritage program, documented occurrences of Schweinitz's sunflower are located 12.5 miles and further from the site. Documented occurrences of small whorled pogonia are located 8 aerial miles and further from 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 0 No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes X No ❑ Unknown * Explain: Click to enter. Page 18 of 21 PCN Form - Version 1.5, September 2020 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr..qov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ®Yes x❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified on the site or proximate to stream and wetland impacts. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * i] Yes X No 8b. If yes, explain how the project meets FEMA requirements. ;lick to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * X By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * P-O DaS. Brame Signature: * ;; —I, 12/23/2022 Page 21 of 21 PCN Form - Version 1.5, September 2020 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: 138 Flemmingfield Road Greensboro, NC Owner Information: Address: Jim Allen Inc Telephone Number: Fax Number: E-mail Address: PO Box 13120 Greensboro, NC 27415 828-421-2246 JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. True Homes LLC BY: Jeffrey C. Guernier Print Name Capacity: _ Owner Y-Authorized Agent 6/15/21 Date Signature Proposal for Environmental Services Pilot Proposa15131.3 April2l, 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: 138 Flemmingfield Rd Greensboro, NC Applicant information: Name: True Homes BY: NG�. Address: 2649 Brekonridge Centre Dr. Suite 104 Monroe, NC 28110 Telephone Number: 336-451-6682 Fax Number: E-mail Address: 3guernier@truehomesusa.com Signature Date: 5 _'77— 4 • . •••'' • ' ••• C • `,•• "+1 1` 9F ® �t1 cq. ey ,Egg pg ti§ uM q� � �e&6 4 jneteliar"h! ip Vied ?IRO ei Op oqg idoloM lNlottl. 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BYPASS UPSTREAM 6 LF (102 SF) TEMP. BYPASS DOWN STREAM: (SEE RIP -RAP APRON) S-7 LIMIT DISTURI IMP r —'\ b PR,0POSEd 23�LF 103" DU ARXl \ -P CH _F x ---10 3 X -71- IMP -ACT, 7�" ARCH FKPES Ilk if IMPACTS S- 5, S- 6 & S- 7 FOR VILLAGE HEIGHTS DEVELOPED BY TRUE HOMES CITY OF GREENSBORO GUHYORD COUNTY, NORTH CAROUNA DECEMBER, 2022 JOB No. 2019-078 40' 30' 20' 10' 0 40' 80' SCALE: 1"=40' 4 4 4 4 . 730 WE 710 IMPACT S-5 CROSS SECTION FOR `TILLAGE HEIGHTS ROADWAY SECTION STA 22+00 103" X 71" DUAL ARCH PIPE EXTENSION • • NOTE: DUAL PIPE INVERT ELEVATIONS ARE WITHIN 0.1' 40' 30' 20' 10' 0 40 80' 4' 3' 2' 1' 0 4' 8. HORZ. SCALE: 1 "=40' VERT. SCALE: 1 "=4' PIPE INSTALLATION CONSTRUCTION SEQUENCE: 1. OBTAIN 401/404 PERMIT. 2. INSTALL SILT FENCE PARALLEL WITH STREAM. SILT FENCE MAY BE REMOVED DURING INSTALLATION OF PIPE, AND ALLOW ACCESS TO WORK AREA, HOWEVER IT SHALL BE REPLACED AT THE END OF EACH WORK DAY IF REMOVED. INSTALL RIPRAP CHECK DAM WITH WASHED No. 57 STONE FACE. 3. INSTALL RIPRAP ENERGY DISSIPATER BELOW CHECK DAM. 4. INSTALL IMPERIOUS DIKE ON UPSTREAM END OF IMPACT. 5. INSTALL TEMPORARY BYPASS PUMP, DISCHARGE LINE, AND SUCTION LINE. ENSURE PUMP AND LINES ARE PROPERLY ANCHORED%SECURED. INSTALL DISCHARGE LINE INTO ONE EXISTING PIPE AND ALTERNATE DURING INSTALL.(SEE NOTE) PUMP . 6. INSTALL PIPE FROM EXISTING END PROCEEDING DOWNSTREAM. 7. REMOVE IMPERVIOUS DIKE. 1 WiNv_l ffimilym I II I 1 II I DISCHARGE HOSETO BE I II I WITHIN ARCH PIPE I I I I (SEE NOTE) \I II i FLEMINGFIELDROAD I SR# 848 1 I 23 L.F. OF NEW 103" X 71" DUAL ARCH PIPE ®SEA® RIPRAP CHECK DAM W/ WASHED #57 STONE FACE 91 LIMITS OF DISTURBANCE IMPERVIOUS DIKE 11 1 EXISTING ARCH PIPES 103" X 71 " III I� II 1 x NOTE: THE CONTRACTOR SHALL LOCATE THE PUMP DISCHARGE HOSE WITHIN ONE OF DUAL ARCH PIPES DURING EXTENSION OF THE OPPOSITE ARCH PIPE AND REVERSE THE INSTALLATION FOR EXTENSION OF THE REMAINING PIPE. SILT FENCE W/ STONE OUTLETS TOP BANK (17' WIDTH) IMPACTS S- 5, S- 6 & S- 7 IMPACT QUANTITIES FOR ZONE I BUFFER: 1954 SF VILLAGE HEIGHTS ZONE 2 BUFFER: 276 SF DEVELOPED BY DUAL ARCH PIPE: TRUE HOMES 23 LF (391 SF STREAM) S-5 CITY OF GREENSBORO GUILFORD COUNTY, NORTH CAROLINA RIP —RAP APRON: 30 LF (510 SF) S-6 DECEMBER, 2022 TEMP. BYPASS UPSTREAM: S-7 JOB No. 2019-078 6 LF (102 SF) 40' 30' 20' 10' 0 40' 80, TEMP. BYPASS DOWN STREAM: (SEE RIP —RAP APRON) SCALE: 1"=40' SILT F5?E V STONE,..U�TLE LIMITS OF DISTURBANG IMP S`5 'F3rRQPOSE 2 F 103" X I" DU ARCH' I I IP < .AMRACT/ 03" 'EX. x 71" S-7 ARCH.KIPES oA o� 00, 4" 14 WIDTH) 4 0 0 4 4 WIDTH) > 4 0 0 z 4 1"� 4 4 WENANDS 4 4 4 4 /> , 4 4 4 4 4 4 % 4 4 4 IMPACT S- 5 CROSS SECTION FOR VILLAGE HEIGHTS VlAill 720 710 ROADWAY SECTION STA 22+00 103" X 71" DUAL ARCH PIPE EXTENSION • • NOTE: DUAL PIPE INVERT ELEVATIONS ARE WITHIN 0.1' 40' 30' 20' 10' 0 40' 80' 4' 3' 2' 1 ' 0 4- 8' HORZ. SCALE: 1"=40' VERT. SCALE: 1"=4' [�i>>■i►E"�n>���(•7�+ihF�rZ�Z�M(•P►E9x�I11��Ly� 1. OBTAIN 401/404 PERMIT. 2. INSTALL SILT FENCE PARALLEL WITH STREAM. SILT FENCE MAY BE REMOVED DURING INSTALLATION OF PIPE, AND ALLOW ACCESS TO WORK AREA, HOWEVER IT SHALL BE REPLACED AT THE END OF EACH WORK DAY IF REMOVED. INSTALL RIPRAP CHECK DAM WITH WASHED No. 57 STONE FACE. 3. INSTALL RIPRAP ENERGY DISSIPATER BELOW CHECK DAM. 4. INSTALL IMPERIOUS DIKE ON UPSTREAM END OF IMPACT. 5. INSTALL TEMPORARY BYPASS PUMP, DISCHARGE LINE, AND SUCTION LINE. ENSURE PUMP AND LINES ARE PROPERLY ANCHORED/SECURED. INSTALL DISCHARGE LINE INTO ONE EXISTING PIPE AND ALTERNATE DURING INSTALL.(SEE NOTE) PUMP . 6. INSTALL PIPE FROM EXISTING END PROCEEDING '4 DOWNSTREAM. 7. REMOVE IMPERVIOUS DIKE. I lFwMalmr INSTALLATION IIII IIII DISCHARGE HOSE I II I TO BE LOCATED WITHIN ARCH PIPE I II I (SEE NOTE) ` "I I I I FLEMINGFIELD ROAD SR# 848 23 L.F. 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Or Matt AQ Iq I I If E I ti 0 is rNa 85RNN 11 a5 $�E4RiA hAlgi OliNg OP ;48 fa ig I t . am } A— AL Iry -W � x� :* CT f 41 - LEGEND Site Boundary x 4 . i USGS Topographic Map Drawing 1 USGS Topographic Map 138 Flemingfield Road .A}. ! y, Approximate 52-Acre Tract McLeansville, NC Quadrangle Greensboro Guilford County, NC Scale: 1" = 2,000' PILOT Pilot Project 5131.2 r L O T r. 4 V I K 6 N M C N T/ i. M{ M IrQ Drawing 2 USDA Web Soil Survey of Guilford County, NC 4' Scale: 1" = 400' PIL13T LOT L 4 1' I R 6 N M C N T/ i X{ LEGEND Site Boundary Web Soil Map 138 Flemingfield Road Approximate 52-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 ?5k D L 3 LIT 04FRY So En „'IFT1.`+ T 4k. i LnC EnB FDA End E. r') I F-n Erg r Fri= 0i H - nB' Drawing 2A USDA Soil Survey of Guilford County, NC Published 1977, Sheets 22 and 23 Not to Scale EnD - . = -., 4y'. 4' I' PILOT r L O T L 4 V I R 6 N M C N T/ i. M{ KM-.] � ri+=. &F; " () % ' 'TW LEGEND Site Boundary Published Soil Map 138 Flemingfield Road Approximate 52-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 a Drawing 3 USFWS NWIWetlands Mapper -Scale: 1" = 400' YPILIFT.'-'M�f r L 0 T ! 4 V I K 6 N M C N T/ i. M{ Site Boundary Freshwater Emergent Freshwater Forested/Shrub NWI Map 138 Flemingfield Road Approximate 52-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 Drawing 4 r. National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 800'� L 4 T 1 4 V I .... C N T/ 1. X{ FEMA FIRM 138 Flemingfield Road Approximate 52-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 350' Date: 7.13.21 P1 IT T ! Y V I R 6 N M C N T/ i. M{ Wetland Map 138 Flemingfield Road Approximate 52-Acre Tract Greensboro, Guilford County, NC Pilot Project 5131.2 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: 2022-0038723 Project Name: Village Heights May 03, 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 05/03/2022 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. 05/03/2022 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 05/03/2022 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 05/03/2022 KA Project Summary Project Code: 2022-0038723 Event Code: None Project Name: Village Heights Project Type: Residential Construction Project Description: The site is a proposed residential development located on an approximate 32-acre tract in Greensboro, Guilford County, North Carolina. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.09225765,-79!70794360925493,14z Counties: Guilford County, North Carolina 05/03/2022 3 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 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. Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https: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. 05/03/2022 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. NAME BREEDING SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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 (■) 05/03/2022 Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (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 05/03/2022 3 Red-headed Woodpecker BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/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 migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 05/03/2022 4 The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 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. 05/03/2022 5 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. 05/03/2022 H. IPaC User Contact Information Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Ms. Seren Homer Pilot Environmental Inc. P.O. Box 128 Kernersville, NC 27285 NORTH CAROLINA Environmental Quality July 27, 2021 Delivered via email to: SHomer@pilotenviro.com Subject: On -Site Determination for Applicability to the 401 Certification Mitigation Rules (15A NCAC 02B .0506(c)) Subject Property: 138 Flemingfield Rd, Greensboro NC, Guilford County Dear Ms. Homer: On July 13, 2021 1 conducted an on -site determination with you and Michael Brame 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 (USACE) was also present during the site visit. The Division acknowledges any and all areas and boundaries identified as jurisdictional wetlands by the USACE. The attached initialed and dated sketch accurately depicts all Division stream determinations conducted during the site visit. 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. 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. Please note that these regulations may be subject to change in the future. This on -site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. Landowners or affected parties that dispute this determination made by the Division may request a determination by the Director of Water Resources. D ��� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105 NORTH CAROLINA newmnentof �I w,monai oueift /� 336,776.9800 Page 2 of 2 This determination is final and binding, unless an appeal request is made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This letter only addresses the features on the subject property and/or within the proposed project area and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call me at 336-776-9693 or sue.homewood@ncdenr.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150 B. Sincerely, DocuSigned by: #01. 'Dod 456E D631098F411... Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Wetland Map - initialed and dated Cc: Allen Jim Inc, PO Box 13120, Greensboro NC 27415 David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-SalemOffice Regional Oce 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105 NORT O ROLNA DoP uM r Ewhoon, l Q­bty /^� 336.776.9800 ,^ /n 15 11- V f -` �jam{ - - ' � .. � - . f _ ,,,r� • ' �-� " - 4' - -� �R Ir 41 f- - '~ ~-•' Y`. C f F' l i+' Y r� .� - ' i 5' - �Ir ..i 'c+ � +I •# - • �' f / _ J r } � '4 'fix � {� `• rr 22 ti f(fx �= r LEGEND Y Site Boundary ' USGS Topographic Map Drawing 1 USGS Topographic Maps 138 Flemingfield Road Approximate 58.3-Acre Tract McLeansville, NC Quadrangle Scale: 1 = 2,000 Greensboro, Guilford County, NC ��0�� P 1 O T E N V I P O N M E N T A t I N C Pilot Project 5131.2 WC 56-65 0.52 ac. SF 952 If SC ++ 1,607If. \ �+ DP-1 O O D WC 1-25 a 4.02 ac. + SA 830 If. SAA 170 If. ` LEGEND FLAG NUMBERS/INFORMATION 011" Site Boundary WETLAND FLAGS =1 Intermittent Stream STREAM FLAGS = I Perennial Stream Wetland Flags = 189 Wetland Stream Flags = Flagged at origins, confluences, and property line; DP-10 Data Point surveyor locate WA Flag Number/Feature ID t � THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON JULY 13, 2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 1/21/21. Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 350' Date: 6.16.21 -DS 5W 7/27/2021 Wetland Map 138 Flemingfield Road Approximate 58.3-Acre Tract Greensboro Guilford County, NC Pilot Project 5131.2 NCHPO HPOWEB I� v a. Wise owl Ilr Vl y c 7alon Or G o W OspreY In RSA ter WeY Owl$ Nast Trl I I I I I � I I a I � I = I a I � � I •u GUILFORD I I Elslelve Rd I b i I a i m i guYhln9�O" Rd I � i J p + IZ I I I r - @c c� d a� a Fourmyle soap Wagoner Bend Rd Poetlac Or m � v Maness Rd GF6169 Buchanan House 2018 5/3/2022, 5:07:57 PM Surveyed Only individual resources & centerpoints DOE individual resources & centerpoints 1:9,028 0 0.07 0.15 0.3mi • Surveyed Only & Determined Eligible • Surveyed Only, Gone DOE districts & boundaries 0 0.13 0.25 0.5 km State of North Carolina DOT, Esri, HERE, Garmin, DOE districts & boundaries DOE GeoTechnologies, Inc., Intermap, NGA, USGS 0 Determined Eligible Boundary 0 Counties (outline) North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, NGA, USGS David Brame From: Heather LaGamba Sent: Thursday, April 21, 2022 12:47 PM To: 401 PreFile@ncdenr.gov Subject: Pre -File Notice - Village Heights (Fleming Rd - 5131.3) We would like to submit a Pre -filing Notice for the following project: Project Name: Village Heights (Fleming Rd — 1531.3) Project Owner: True Homes Project Owner's Address: 2649 Breckonridge Centre Drive Project County: Guilford Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Sincerely, HPathPr I aramba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www. 21,)tenviro.com hlagamba@pilotenviro.com David Brame From: 401 PreFile <401 PreFile@ncdenr.gov> Sent: Thursday, April 21, 2022 12:47 PM To: Heather LaGamba Subject: Automatic reply: [External] Pre -File Notice - Village Heights (Fleming Rd - 5131.3)