20230055 Ver 1_ePCN Application_20230109

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
7/7/2022
BIMS # Assigned* Version#*
20230055 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Sue Homewood:eads\slhomewood:[e-mail]
la. Name of project:
Jim Minor Road (Land for Peloquin)
la. Who is the Primary Contact?*
Morgan Gilbert
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/9/2023
Nearest Body of Water
Little Haw Creek
Basin
Cape Fear
Water Classification
16-20-3
Site Coordinates
Latitude:
36.025375
A. Processing Information
Longitude:
-79.314541
County (or Counties) where the project is located:
Alamance
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Robert M. Brame Revocable Trust
2b. Deed book and page no.:
2487 213
2c. Contact Person:
Robert M. Brame
2d. Address
Street Address
2863 South Jim Minor Road
Address Line 2
City
Mebane
Postal /Zip Code
27302
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Pelco Enterprises, LLC
2b. Deed book and page no.:
4180 0612
2c. Contact Person:
Jeff Peloquin
2d. Address
Street Address
1020 Vista Wood Drive
Address Line 2
City
Hillsborough
Postal / Zip Code
27278
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jeff Peloquin
3b. Business Name:
Peloquin Construction, Inc.
3c. Address
Street Address
1020 Vista Wood Drive
Address Line 2
City
Hillsborough
Postal / Zip Code
27278
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Morgan Gilbert
4b. Business Name:
Timmons Group
State / Province / Region
North Carolina
Country
USA
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
4c. Address
Street Address
5410 Trinity Road, Suite 102
Address Line 2
City State / Province / Region
Raleigh North Carolina
Postal / Zip Code Country
27607 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]

C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Haw River
2. Project Identification
2a. Property Identification Number:
9802770813 and 9802686301
2b. Property size:
2.73
2c. Project Address
Street Address
Southwest of the intersection of South Jim Minor Road and Turner Road
Address Line 2
City State / Province / Region
Haw River North Carolina
Postal / Zip Code Country
27258 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Little Haw Creek
3b. Water Resources Classification of nearest receiving water: *
16-20-3
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020501
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 Jim Minor Road (Land for Peloquin) site is approximately 2.73 acres located southwest of the intersection of South Jim Minor Road and Turner Road in Haw River, North Carolina
within Alamance County. The site is comprised of mature mixed hardwood -pine forest, earthen roads, and early successional vegetation. The site is bound by forested areas and S. Jim
Minor Road to the north and by forested areas and residential development to the south, east, and west.
The proposed project will consist of one driveway crossing a stream and associated culvert.
A delineation of the project area was completed by Timmons Group on 2/15/2022. On 4/25/2022, Sue Homewood with the NC DWR indicated a site visit was not necessary to review
riparian buffers onsite. An informal Preliminary Jurisdictional confirmation was issued by Chris Hopper of the USACE on 5/5/2022. An addendum of the Preliminary Jurisdictional
Determination request was submitted by Timmons Group on 12/5/2022 increasing the total acreage from 0.82-acre to 2.73-acres. No changes have been made to the features originally
depicted on the 2/24/2022 submittal.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
256
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a driveway channel crossing necessary to access the parcel south of South Jim Minor Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is a single -phased residential development that is located southwest of the intersection of South Jim Minor Road and Turner Road in Haw River, North Carolina
within Alamance County.
The project will include the construction of a driveway channel crossing necessary to access the parcel south of South Jim Minor Road.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment,
graders, and earth movers. SCMs are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No Unknown

Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-00531
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Timmons Group
Nick Tudor, Sydni Law, Morgan Gilbert
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
02/15/2022 — Delineation completed by Timmons Group personnel
4/25/2022 - Sue Homewood with the NC DWR indicated a site visit was not necessary to review riparian buffers onsite
05/05/2022 —informal Preliminary Jurisdictional confirmation received from Chris Hopper of the USACE via email confirmation of delineation map dated 02/18/2022
11/09/2022 — Additional delineation completed by Timmons Group personnel for additional areas. No changes have been made to the features originally depicted on the 02/24/2022
submittal
12/05/2022 — Preliminary Jurisdictional Determination request addendum submitted
6. Future Project Plans
6a. Is this a phased project?*
Yes • No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
3. Stream Impacts
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Si
Culvert
Permanent
Culvert
A
Perennial
Both
15
Average (feet)
58
(linear feet)
S2
Erosion Control
Temporary
Other
A
Perennial
Both
17
Average (feet)
49
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
58
3i. Total stream and ditch impacts:
107
3i. Total temporary stream impacts:
49
3j. Comments:
Impact number 1 consists of 58-If (854-sq.ft. and 0.02-acre) of permanent stream impacts associated with the proposed driveway crossing. This crossing
is necessary to provide access to the parcel located south of South Jim Minor Road. The driveway crossing will include the installation of a 48" high
density polyethylene pipe (HDPE) with standard endwalls (NCDOT 838.01) to either side. The HDPE pipe will be placed at a 3.74% slope and
countersunk underneath the road crossing to maintain the hydrologic connection between the up gradient and down gradient portion of the stream.
Downstream flow will be maintained during installation and Temporary Pump Around details are provided on sheet 5 of the Construction Set — Erosion
Control details.
Impact number 2 consists of 49-If (820-sq.ft. and 0.019-acre) consists of temporary impacts associated with the installation of erosion control measures.
6. Buffer Impacts (for DWR)

6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Construction Access
T
A
No
0
1,800
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
0.00
Zone 1
0.00
Zone 1
Zone 2
1,800.00
Zone 2
0.00
Zone 2
0.00 1,800.00
Temporary impact 1 consists of 1800-sq.ft. (0.041-acre) of Zone 2 impacts associated with the construction of endwalls on either side of the HDPE.
Disturbed areas will be reseeded and stabilized following construction.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
The driveway is designed to cross the stream at as close to a 90-degree angle as possible and was placed in the location of a former road crossing to
avoid additional impacts.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install
silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All
erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once
every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will
be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts do not exceed the NWP threshold of 0.1-acre of wetland impact and 0.03-acre of stream impact, therefore, no mitigation is required. Additionally, the proposed
buffer impacts are less then 1/3-acre of buffer impact, thus are deemed allowable.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
es
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The proposed project does not include direct discharges into the riparian buffers. The discharges will be collected in a vegetated swale to then be discharged into the non -buffered stream.
Swale calculations will be used to specify the use of matting prior to the establishment of permanent grassy vegetation.
G. Supplementary Information u
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
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), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for
herein.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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 No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A search of the USFWS IPaC database identified one federally protected species, the Cape Fear shiner, as potentially occurring within the project area.
The IPaC database further identified one candidate species for listing, the monarch butterfly, as potentially occurring within the project area. Additionally,
the IPaC database tricolored bat is also identified as potentially occurring within the project area. No critical habitats were identified within the project
area or a 1-mile radius. Additionally, a search of the North Carolina Natural Heritage Program (NHP) database did not identify occurrences of federally
listed species or state -managed areas within the project limits or a 1-mile radius.
The Cape Fear shiner can be found in clean riverine habitats with gravel, cobble, and boulder substrates, typically near water willow or other abundant
vegetation. The stream on -Site consists of several cobble -filled riffle -run and riffle -pool segments. The stream has minimal canopy coverage and is
largely affected by the current utility road crossing causing minimal water flow during low water levels. Impacts are developed to improve the current
conditions of the stream and construct a road crossing and culvert that will continue the hydrologic connections of the upper and lower reaches of the
stream. Further, the NCNHP has no occurrences of the Cape Fear shiner within a 1-mile radius of the Site. Therefore, it is the opinion of Timmons Group
that the proposed project may affect, but is not likely to adversely affect the Cape Fear shiner.
The majority of the Site consists of earthen road and early successional vegetation with sparse areas of mixed -hardwood and pine forests. Based on the
age of the forest, the site may contain several trees that could represent potentially suitable summer roosting habitat for the tri-colored bat. Timmons
Group is not aware of known maternity roost trees or hibernacula in the vicinity of the Site. Additionally, the majority of impacts will be kept within the
earthen roads and early successional vegetation present on -Site. Therefore, it is the opinion of Timmons Group that the proposed project may affect, but
is not likely to adversely affect the tri-colored bat.
The majority of the Site consists of earthen road and early successional vegetation with sparse areas of mixed -hardwood and pine forests. The monarch
butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is the opinion of
Timmons Group that the proposed project will have no effect on the monarch butterfly.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A search of the North Carolina Natural Heritage Preservation Office's (SHPO) online database and the North Carolina Department of Environmental and
Natural Resources (DENR) Division of Historical Resources (DHR) data identified 2 historical resources as occurring within a 1-mile radius of the
proposed project limits. No historical resources were identified within the project area. The listings identified within the specified search radius include
one National Register (NR) and one Surveyed Only (SO) sites. The NR site, the Kerr -Patton House is located approximately 0.05-mile north of the Site
and is the closest historical resource.
Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project
area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
According to FEMA FIRM panel 3710980200K (effective 11/17/2017), the majority of the Site is located within Zone X, Area of Minimal Flood Hazard.
Portions of the Site along the tributary to the Haw Creek are located within Zone AE — 1 % Annual Chance Flood Hazard.
Impacts within the floodplain are necessary for the construction of the driveway crossing and associated culvert. The driveway is designed to cross the
stream at as close to a 90-degree angle as possible and was placed in the location of a former utility road crossing to avoid additional impacts.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM panel 3710980200K (effective 11/17/2017)
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
2023.01.09_Jim Minor Road_Attachments Package (reduced).pdf 10.66MB
File must be PDF or KMZ

Comments
Signature
• By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• 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 have given true, accurate, and complete information on this form;
I agree 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");
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 PCN form.
Full Name:
Morgan Gilbert
Signature
Date
1/9/2023

5410 Trinity Road P 919.866.4951
919.859.5663
T I M M 4 N S GROUP Raleigh,, NC 27607 Suite 102Fwww.fimmons.com
January 9, 2023
Chris Hopper
U.S. Army Corps of Engineers — Wilmington District
Charlotte Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Sue Homewood
401 & Buffer Permitting Branch
NCDEQ — Division of Water Resources
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Re: Electronic Pre -Construction Notification Attachments
Jim Minor Road (Land for Peloquin)
Haw River, Alamance County, North Carolina
Project No.: 49682
Dear Mr. Hopper and Ms. Homewood,
On behalf of Peloquin Construction, Inc., we are providing additional attachments and information
to aid in the review of the electronic Pre -Construction Notification for the Jim Minor Road (Land
for Peloquin), an approximately 2.73-acre site located off Jim Minor Road in Haw River, North
Carolina, within Alamance County (the Site).
Please review the below attachments and contact Morgan Gilbert at [phone] or
[e-mail] if additional information is required.
Sincerely,
Timmons Group
Morgan Gilbert, WPIT
Environmental Scientist I
Nick Tudor, PWS
Senior Environmental Scientist
ENGINEERING I DESIGN I TECHNOLOGY

Enclosures
ATTACHMENTS
Appendix A Figure 1 — Vicinity Map
Figure 2 — Environmental Inventory Map
Figure 3 — NRCS Soil Survey Map
Figure 4 — Parcel Map
Figure 5 — Wetlands and Waters of the U.S. Delineation Map
Appendix B Agent Authorization Form
Informal JD Confirmation
Informal BD Confirmation
PJD Addendum
DWR Pre -Filing Request
Appendix C Environmental Impacts Set
Construction Set
Appendix D IPaC Official Species Report
NCNHP Database Report
Appendix E SHPO Map and List

Appendix A

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Site Limits
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Site limits are approximate.
Topographic imagery from USGS.
0 1,000 2,000 3,000 4,000
Feet
LAND FOR PELOQUIN T l M M O N S GROUP
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. �
TIMMONS GROUP JOB NUMBER:49682 U.S.G.S. QUADRANGLE(S):MEBANE
PROJECT STUDY LIMITS: 2.73 ACRES DATE(S):2022
LATITUDE: 36.025375 WATERSHED(S):HAW (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.314541 HYDROLOGIC UNIT CODE(S):03030002
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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Soils data from NRCS web soil survey (Alamance County, 1960) b
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LAND FOR PELOQUIN TIMMONS GROUP #•` ``��
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 3: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. •
TIMMONS GROUP JOB NUMBER:49682 U.S.G.S. QUADRANGLE(S):MEBANE
PROJECT STUDY LIMITS: 2.73 ACRES DATE(S):2022
LATITUDE: 36.025375 WATERSHED(S):HA W (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.314541 HYDROLOGIC UNIT CODE(S):03030002
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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Appendix B

TIMMONS GROUP
YOUR ViSION ACHIEVED THROUGH OURS.
AGENT AUTHORIZATION and
PROPERTY OWNER CERTIFICATION FORM
All Blanks to be Filled in by Current landowner
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1, the undersigned, current property owner designate, authorize representatives of Timmons
Group to act on my behalf as my agent in the processing of permit applications, to furnish upon
request supplerrpntal information in support of applications, etc., from this day forward.
This the I`� day of 20 L'y
(number) (Month) (Year)
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described
for the purpose of conducting on -site investigations and issuing a determination associated with
Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water
Act, and/or Section 10 of the Rivers and Harbors Act of 1899.
This notification supersedes any previous correspondence concerning the agent for this project.
Project Name: land for Peloquin
Parcel ID: 9802686301
Site Address: 2863 S Jim Minor Road
'Haw River, NC 27258
Property Owner's Name (Pri
Robert M. Brame Revocable Trust
Property Owner's Signature: 43^_AZ'A'f"-""
Property Owner's Mailing
Address: Z 3 5. +vu �%i�; n+v� i,+-� i �1 ��,�,Ue- pj C
2`T3o-Z-
Property Owner's Fax
Telephone:No.
Property Owner's � � � q
Email Address: ra d uz:ST. a��
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TIMMONS GROUP
YOUR VISION ACHIEVEO THROUGH OURS,
AGENT AUTHORIZATION and
PROPERTY OWNER CERTIFICATION FORM
All Blanks to be Filled in by Current Landowner
The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the undersigned, current property owner designate, authorize representatives of Timmons
Group to act on my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc., from this day forward.
This the Z> day of F&5 20 Zz—.
(number) (Month) (Year)
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described
for the purpose of conducting on -site investigations and issuing a determination associated with
Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water
Act, and/or Section 10 of the Rivers and Harbors Act of 1899.
This notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Land for Peloquin
Parcel ID: 9802770813
Site Address: 0 S Jim Minor Road
Haw River, NC 27258
Property Owner's Name (Print): Pelco Enterprises, LLC
Property Owner's Signature: j-
Property Owner's Mailing
Address: 1 U Z-0 V I S iA w ODD
Property Owner's Fax
Telephone: `)1 `t '? 3 1 - 7 y No.
Property Owner's
Email Address: c C) vvA
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Kate Hefner
From: Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Thursday, May 5, 2022 9:10 AM
To: Kate Hefner; Homewood, Sue; Nick Tudor
Cc: Lauren Norris -Heflin
Subject: RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up
Correct, Kate. The map can be relied on for planning and permitting within the action area boundary you've shown.
From: Kate Hefner <[e-mail]>
Sent: Wednesday, May 4, 2022 12:23 PM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>; Homewood, Sue
<[e-mail]>; Nick Tudor <[e-mail]>
Cc: Lauren Norris -Heflin <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up
Awesome, thanks Chris!! We'll be sure to let both you and Sue know when that time comes.
But just to clarify, the attached map can be used for planning and permitting purposes?
Thanks!
Kate Hefner, WPIT (she/her)
Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office:919.866.4953 1 Cell: 828.455.4636
Kate. [e-mail]
Your Vision Achieved Through Ours
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 4, 2022 12:21 PM
To: Kate Hefner <[e-mail]>; Homewood, Sue <[e-mail]>; Nick Tudor
<[e-mail]>
Cc: Lauren Norris -Heflin <[e-mail]>
Subject: RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up
No need for a site visit —though I too would appreciate a pre -construction meeting occur given this site's proximity to
likely regulated resources.
From: Hopper, Christopher D CIV USARMY CESAW (USA)
Sent: Wednesday, May 4, 2022 12:18 PM
To:'Kate Hefner' <[e-mail]>;'Homewood, Sue' <[e-mail]>; 'Nick Tudor'
<[e-mail]>
Cc: 'Lauren Norris -Heflin' <[e-mail]>
Subject: RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up

Kate Hefner
From: Homewood, Sue <[e-mail]>
Sent: Monday, April 25, 2022 8:18 AM
To: Nick Tudor; Hopper, Christopher D CIV USARMY CESAW (USA)
Cc: Lauren Norris -Heflin; Kate Hefner
Subject: RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up
Thanks Nick, that helps.
I don't need to see the site before a PCN submittal. I may ask for a pre -construction meeting as a condition of the 401. 1
will keep an eye out for the PCN.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Nick Tudor <[e-mail]>
Sent: Monday, April 25, 2022 8:12 AM
To: Homewood, Sue <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Lauren Norris -Heflin <[e-mail]>; Kate Hefner <[e-mail]>
Subject: RE: [External] RE: PJD/BD - Land for Peloquin - Haw River, NC -follow up
CAt External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Morning Sue —
Please find a larger plan sheet that displays the crossings' location in reference to our stream buffered features.
Let me know if you need additional information to determine if a site visit is necessary, or if a desktop review would be
sufficient.
Thanks,
Nick Tudor
Sr. Environmental Scientist
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd., Suite 102 1 Raleigh, NC 27607

TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
December 5, 2022
Chris Hopper
U.S. Army Corps of Engineers- Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: JD Addendum
Preliminary Jurisdictional
Determination Request
Land for Peloquin
(Approx. 2.73 acres)
Alamance County, North Carolina
Dear Mr. Hopper,
We are sending this Addendum letter in order to update the Preliminary Jurisdictional
Determination request for the Land for Peloquin (the Site). The original PJD request was
submitted to your office on February 24, 2022. No Action ID has been assigned to this project
An additional 1.91-acres were delineated by Timmons group on November 9, 2022, to
identify potential jurisdictional WOTUS within the updated Site (now 2.73-acres). The Site
consists of mixed hardwood and pine forests throughout and open grassy areas in the eastern
portion of the site. No changes have been made to the features originally depicted on the
February 24, 2022 submittal.
The following items are included in this addendum to reflect the changes to the Project Limits:
Appendix A
o Updated JD Request Form
o Updated PJD Form
Appendix B
o Updated site maps depicting the full Site area, including:
■ Figure 1 —Vicinity Map
■ Figure 2 — HUC Map
■ Figure 3 — Environmental Inventory Map (EIM)
■ Figure 4 — Parcel Map
■ Figure 5 — NRCS Map
■ Figure 6 — WTDM

• Appendix C
o Data forms
Please review this enclosure and contact Morgan Gilbert at [phone] or
morgan. giIbert(a)timmons.com if you need any additional information or have any questions.
Sincerely,
Timmons Group
Morgan Gilbert, WPIT
Environmental Scientist
Nick Tudor, PWS
Senior Environmental Scientist
CC James Westcott, DWR

APPENDIX A

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.gr y.mil/Missions/Re u_ 1�atoiyPermitProgram/Contact/Coun!yLocator.aspx
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
FaxNumber: [phone]
WILNIINGTONREGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 2863 & 0 S. Jim Minor Road
City, State:
County:
Haw River, NC
Alamance
Parcel Index Number(s) (PIN): 9802686301 & 9802770813
B. REQUESTOR INFORMATION
Name: Morgan Gilbert
Mailing Address: 5410 Trinity Road, Suite 102
Raleigh, NC 27607
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
✓❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: see property owner table
Mailing Address:
Telephone Number:
Electronic Mail Address:
' Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATIONS,4
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.
Morgan Gilbert
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
12/05/2022
Date ��•� �
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
✓❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 2.73 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
36.0253750
Longitude:-79.314541 °
zA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hlW://www.saw.usace.army.mil/Missions/Regulatoiy-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
✓❑ Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS, please complete an Approved Jurisdictional Determination Form'.
✓❑ Vicinity Map
❑✓ Aerial Photograph
❑ USGS Topographic Map
Soil Survey Map
zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
zLandscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
7 www.saw.usace.army.mil/Portals/59/docs/regulatorv/regdocs/JD/RGL_08-02_App A Prelim JD Form fillable.pdf
s Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction%
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/05/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Morgan Gilbert, Timmons Group
5410 Trinity Rd, Ste 102, Raleigh, NC 27607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
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: Alamance City: Haw River
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.025375 Long.:-79.314541
Universal Transverse Mercator: 17S 651864m E, 3988076m N
Name of nearest waterbody: Haw Creek and Little Haw Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): 02/15/2022
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)
A
36.025675
-79.314602
256 If
Non -wetland waters
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items 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:Vicinity, HUC, environmental inventory, parcel, NRCS soils, delineation map
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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: 030300020501 (Cape Fear River Basin)
❑ USGS NHD data.
0 USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000; Mebane, 2019
■❑ Natural Resources Conservation Service Soil Survey. Citation: Alamance County, 1960
■❑ National wetlands inventory map(s). Cite name: USFWS NWI North Carolina 2018
❑ State/local wetland inventory map(s):
■FEMA/FIRM maps: 3710980200K (effective date 11/17/2017)
El
■❑
100-year Floodplain Elevation is:
Photographs: ■❑ Aerial (Name & Date)
or ■❑ Other (Name & Date)
.(National Geodetic Vertical Datum of 1929)
NC OneMap Orthoimagery 2017
Landscape
❑ Previous determination (s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
12/05/2022
Signature and date of
Regulatory staff member
completing PJD
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.

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APPENDIX B

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Site Limits
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Site limits are approximate.
Topographic imagery from USGS.
0 1,000 2,000 3,000 4,000
Feet
LAND FOR PELOQUIN TIMMONS CROUP
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:49682 U.S.G.S. QUADRANGLE(S):MEBANE
PROJECT STUDY LIMITS: 2.73 ACRES DATE(S):2022
LATITUDE: 36.025375 WATERSHED(S):HA W (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.314541 HYDROLOGIC UNIT CODE(S):03030002
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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LAND FOR PELOQUIN TIMMONS GROUP #•` ``��
ALAMANCE COUNTY, NORTH CAROLINA
FIGURE 5: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. •
TIMMONS GROUP JOB NUMBER:49682 U.S.G.S. QUADRANGLE(S):MEBANE
PROJECT STUDY LIMITS: 2.73 ACRES DATE(S):2022
LATITUDE: 36.025375 WATERSHED(S):HA W (CAPE FEAR RIVER BASIN)
LONGITUDE:-79.314541 HYDROLOGIC UNIT CODE(S):03030002
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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APPENDIX C

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Land for Peloquin City/County: Haw River/Alamance Sampling Date: 11/09/2022
Applicant/Owner: Peloquin Construction, Inc. State: NC Sampling Point: FDS-33Z1-1
Investigator(s): M. Gilbert, B. Sloop Section, Township, Range: n/a
Landform (hillside, terrace, etc.): sideslope Local relief (concave, convex, none): convex Slope (%): 3-5%
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.025292 Long:-79.314362 Datum: NAD83
Soil Map Unit Name: RvA: Riverview loam, 0-2% slopes, occassionally flooded NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
The sampling point was taken along a sideslope near an old dirt road and paved road. According to the USACE Antecedent Precipitation Tool,
conditions onsite were normal and under a mild drought.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
X Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: FDS-33Z1-1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30ft )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Juniperus virginiana
10
Yes
FACU
Number of Dominant Species
2.
Carya glabra
8
Yes
FACU
That Are OBL, FACW, or FAC: 2 (A)
3.
Liquidambarstyracif/ua
5
Yes
FAC
Total Number of Dominant
4.
Species Across All Strata: 10 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 20.0% (A/B)
7.
Prevalence Index worksheet:
23
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
12
20% of total cover:
5
OBL species 0 x 1 = 0
Saplinq/Shrub Stratum (Plot size: 15ft
)
FACW species 13 x 2 = 26
1.
Callicarpa americana
10
Yes
FACU
FAC species 5 x 3 = 15
2.
Betula nigra
8
Yes
FACW
FACU species ill x 4 = 444
3.
UPL species 33 x 5 = 165
4.
Column Totals: 162 (A) 650 (B)
5.
Prevalence Index = B/A = 4.01
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 -Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is <-3.0'
18
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
9
20% of total cover:
4
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5ft )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Oxalis stricta
20
Yes
FACU
'Indicators of hydric soil and wetland hydrology must be
2.
Erigeron annuus
15
Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Symphoricarpos orbiculatus 15 Yes FACU
4.
Rubus argutus
10
No
FACU
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Artemisia absinthium
8
No
UPL
more in diameter at breast height (DBH), regardless of
6.
Trifolium repens
8
No
FACU
height.
7.
Symphyotrichum lateriflorum
5
No
FACW
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
81
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
41
20% of total cover:
17
height.
Woody Vine Stratum (Plot size: 30ft )
1.
Pueraria montana
25
Yes
UPL
2.
Lonicera japonica
15
Yes
FACU
3.
4.
5.
Hydrophytic
40
=Total Cover
Vegetation
50% of total cover:
20
20% of total cover:
8
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: FDS-33Z1-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Locz Texture Remarks
0-8 2.5YR 4/8 100 Loamy/Clayey
8-12 2.5YR 4/8 98 10YR 7/8 2 C M Loamy/Clayey Prominent redox concentrations
12-18 2.5YR 4/8 100
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Soils were heavily compact
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
_Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
_Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

Land for Peloquin
Representative photo of the perennial stream
located through the center of the Site.
Representative photo of the perennial stream
located through the center of the Site.
Representative photo of upland areas throughout
the Site.
k
y .4,
{
Representative photo of the perennial stream
located through the center of the Site.
Representative photo of upland areas throughout
the Site.
Representative photo of upland soils located
throughout the Site.
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.

Land for Peloquin
Y is g yyS��
'�:-I' JA "tire �;���'�...,.•,�: j
At
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.... .. , i.... '�'A.•d!#ti WtiF,�FTiI HI1i a...y� %.-F7�• _ - ... : F.k�Y. �.
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Representative photo of vegetation located in the
eastern portion of the Site
Representative open grassy area located in the
western portion of the Site.
Representative photo of open area located in the
central portion of the Site.
y
-A
Stream crossing located in the central portion of the
Site
Representative mixed hardwood and pine forest.
Representative upland soil located in the eastern
portion of the Site.
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.

From:
Svdni Law
To:
401PreFile(c ncdenr.00v
Cc:
Nick Tudor; Kate Hefner; Cohn, Colleen M
Subject:
Pre -Filing Meeting Request - Land for Peloquin
Date:
Thursday, July 7, 2022 2:01:28 PM
Attachments:
Fiaure 1- VIC.Ddf
Fiaure 5- NRCS.Ddf
imaae001.Dna
Good afternoon,
On behalf of Peloquin Construction, Inc., we are submitting a Pre -Filing Meeting Request for the
approximately 0.82-acre Land for Peloquin site located southwest of the intersection of S. Jim Minor
Road and Turner Road in Haw River, NC within Alamance County. The project is located in the Cape
Fear River Basin (HUC 030300020501).
The project is proposing installation of a culverted driveway to allow access through the site and
surrounding area.
Applicant information:
Peloquin Construction, Inc.
c/o Jeff Peloquin
1020 Vista Wood Drive
Hillsborough, NC 27278
[phone]
ieff anpe!oquinconstruction.com
Please feel free to reach back out if there are any questions or concerns, or to schedule a meeting.
Thank you!
Best,
Sydni Law, WPIT
Environmental Scientist
❑O
TIMMONS GROUP www.timmons.com
5410 Trinity Rd, Suite 102 Raleigh, NC 27607
Office: [phone] 1 Fax: [phone]
Mobile: [phone]
Svdni.Law(@timmons.com
Your Vision Achieved Through Ours

Appendix C

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Appendix D

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0025714
Project Name: Land for Peloquin
December 15, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

12/15/2022
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

12/15/2022
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

12/15/2022
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
[phone]

12/15/2022
Project Summary
Project Code: 2023-0025714
Project Name: Land for Peloquin
Project Type: Culvert Repair/Replacement/Maintenance
Project Description: Road crossing
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)36.02517555,-79!31450335224417,14z
Counties: Alamance County, North Carolina

12/15/2022 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.
Mammals
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
Fishes
NAME STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6063
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
STATUS
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/15/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.

12/15/2022
BREEDING
NAME SEASON
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
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( )

12/15/2022
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Jill Jill Jill Jill Jill Jill Jill ---- Jill 1-4-11 Jill Jill
Vulnerable
Chimney Swift
BCC Rangewide
(CON)
Prairie Warbler +— — — — — +
BCC Rangewide --1 Jill Jill Jill — — — -
- — — -
-+-- ---- —+
(CON)
Prothonotary
Warbler
++— — — — — Jill Jill Jill Jill ---- ---- —+-- ---- —+--
BCC Rangewide
(CON)
Red-headed
Woodpecker
'+ �+
'+ +— — — — — + --� III Jill Jill Jill IF
BCC Rangewide
(CON)
Wood Thrush
BCC Rangewide
++-+
-++- - - - - - +III Jill Jill Jill ---- +-- -- -
(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/librq�r/
rator.

12/15/2022 4
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(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 Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look

12/15/2022
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be

12/15/2022 6
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

12/15/2022
IPaC User Contact Information
Agency: Timmons Group
Name: Morgan Gilbert
Address: 5410 Trinity Road, Suite 102
City: Raleigh
State: NC
Zip: 27606
Email [e-mail]
Phone: [phone]

Roy Cooper, Governor
W" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
December 15, 2022
Morgan Gilbert
Timmons Group
5410 Trinity Road
Raleigh, NC 27606
RE: Peloquin
Dear Morgan Gilbert:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence; the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerCo�ncdcr.aov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rAc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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