20230180 Ver 1_401 Application_20230130

Staff Review Form
NORTH CAROLINA
Ertrlmnmertlrtl Quality
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20230180
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
No
Sue Homewood:eads\slhomewood:[e-mail]
Winston-Salem Regional Office - [phone]
401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
12/29/2022
Project Contact Information
Name:
Heather LaGamba
Who is submitting the information?
Email Address: [e-mail]
Project Information
...................................
Project Name: Weddington Appartments and Townes - Brown Street
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Davidson
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
7187.1_Brown Street_PCN_01.30.23.pdf 9.17MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
PCN for 401 WQC
Sign and Submit
............................................................................................................................................................................................................................
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.

• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
rif 00. �Zaf.
Submittal Date: 1/30/2023
Is filled in automatically.

t n
I..
NORTH CAROLINA
Environmental Quality
Wa ter Resources
Office Use Only
Corps Action ID no. SAW 2021-02276 Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.78123'
Longitude (DD.DDDDDD): 80.26476'
Form Version 1.5, September 2020
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory
questions are answered.
The online help file may be found at this link:
https:Hedocs.deg.nc.govMaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf
The help document may be found at this link:
http://www.saw. usace.army. mi I/Missions/Regu latory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be
able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40
C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall
request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all
certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority
at least 30 days prior to submitting the certification request.
Attach documentation of Pre -Filing Meeting Request to this Application.
Date of Pre -filing Meeting Request (MM/DD/YYYY) : 12/29/2022
DWR ID # e-mail from Sue Homewood Version Click to enter. (If applicable)
A. Processing Information
County (counties) where project is located:
Davidson Additional (if needed).
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes 0 No
or airport project)
Is this a NCDOT project?
❑ Yes 0 No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
0 Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
la. Type(s) of approval sought from the Corps:
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Page 1 of 22 PCN Form - Version 1.5, September 2020

0 Nationwide Permit (NWP)
1 b. Permit type(s)?
❑ Regional General Permit (RGP)
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes 0 No
NWP number(s):
NWP 29
RGP number(s):
Click to enter.
1d. Type(s) of approval sought from the DWR (check all that apply):
0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ Individual 401 Water Quality Certification
1 e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑ Yes 0 No
1f. Is this an after -the -fact permit/certification application?
❑ Yes 0 No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes 0 No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h. Is the project located in any of NC's twenty coastal counties?
❑ Yes 0 No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
❑ Yes 0 No ❑ Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes 0 No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 22 PCN Form - Version 1.5, September 2020

B. Applicant Information
1a.
Who is the primary contact?
Tom Holderby
1 b.
Primary Contact Email:
[e-mail]
1 c.
Primary Contact Phone: (###)###-####
[phone]
1 d.
Who is applying for the permit/certification? (check
all that apply)
® Owner ❑ Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed:
Weddington Place Appartments of Lexington, LLC
2b.
Deed Book and Page No.:
2568/2463, 2568/2454, 2568/2454
2c.
Responsible Party (for corporations):
Tom Holderby
2d.
Address
Street Address:
1101 Ivey Road
Address line 2:
Click to entei.
City:
Graham
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
27253
Country:
U.S.
2e.
Telephone Number: * (###)###-####
Click to enter.
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address:
Click to enter.
3.
Applicant Information (if different from owner)
3a.
Name:
Thomas Holderby
3b.
Business Name (if applicable):
TSH Holdings, Inc.
3c.
Address:
Street Address:
1034 Finnwood Drive
Address line 2:
Click to enter.
City:
Whitsett
State/ Province/ Region:
NC
Postal/ Zip Code:
27377
Country
US
3d.
Telephone Number: * (###)###-####
[phone]
3e
Fax Number: (###)###-####
Click to enter.
Page 3 of 22 PCN Form - Version 1.5, September 2020

3f. Email Address: [e-mail]
4. Agent/ Consultant (if applicable)
4a. Name: *
Michael T. Brame
4b. Business Name:
Pilot Environmental, Inc.
4c. Address: *
Street Address:
PO Box 128
Address line 2:
Click to enter.
City:
Kernersville
State/ Province/ Region:
NC
Postal/ Zip Code:
27285
Country:
U.S.
4d. Telephone Number: * (###)###-####
[phone]
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
[e-mail]
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 22 PCN Form - Version 1.5, September 2020

C. Project Information and Prior Project History
1. Project Information
la. Name of project: *
Weddington Apartments and Townhomes
1 b. Subdivision name (if appropriate):
Click to enter.
1 c. Nearest municipality/town: *
Lexington, NC
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
6724-03-42-7112, 6724-03-41-4529, 6724-03-41-8732
2b.
Property size (in acres):
42 Acres
2c.
Project Address:
Street Address:
Brown Street
Address line 2:
Click to enter.
City:
Lexington
State/ Province/ Region:
NC
Postal/ Zip Code:
27253
Country:
U.S.
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point):
Latitude (DD.DDDDDD): 35.78123'
Longitude (-DD.DDDDDD):-80.26476'
3. Surface Waters
3a. Name of nearest body of water to proposed project:
Tar Creek
3b. Water Resources Classification of nearest receiving
Class C
water:
The Surface Water Classification map may be found at this link:
https:Hncdenr. maps.arcqis.com/apps/webappviewer/index. html?id=6el 25ad7628f494694e259c8Odd64265
Yadkin-PeeDee
3c. In what river basin(s) is your project located?
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030401030104
located:
The Find Your HUC map may be found at this link:
https:Hncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 5 of 22 PCN Form - Version 1.5, September 2020

4.
Project Description and History
4a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The site contains several single-family residences and undeveloped wooded land. Properties surrounding the
site contain a hotel, retail properties, wooded land, fields and residential structures.
4b.
Have Corps permits or DWR certifications been obtained for this
❑ Yes Z No ❑ Unknown
project (including all prior phases) in the past?
4c.
If yes, please give the DWR Certification number and/or Corps
SAW 2021-02276
Action ID (ex. SAW-0000-00000):
jClick to enter.]
Attach any pertinent project history documentation
4d.
Attach an 8'/ x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.
Attach an 8'/ x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f.
List the total estimated acreage of all existing wetlands on the
0.61 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
645 linear feet
and perennial) on the property:
4g1.
List the total estimated acreage of all existing open waters on the
0 acres
property:
4h.
Explain the purpose of the proposed project:
The purpose of the proposed project is to develop the site with apartments and townhomes.
4i.
Describe the overall project in detail, including the type of equipment to be used:
The overall project includes the construction of Weddington Apartments and Townhomes. The project consists
of two phases that are to be permitted together. In order to develop both phases of the proposed project, it is
necessary to construct internal access roads that provide interconnection to both phases of the proposed project.
Interconnecting both phases also provides secondary access to Brown Street. In order to construct the roads, it
is necessary to impact a stream and wetlands. Proposed sewer lines will be connected to a lift station on the
southwestern portion of the site and will utilize the proposed road crossings in order to avoid additional impacts.
To facilitate the development of the site, clearing and grading is necessary. Graders, haulers, excavators and
other heavy equipment will be used during grading and construction of the site.
4j.
Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
A wetland delineation was completed on the site in October 2021 (Pilot project 7187, report dated 10.12.2021).
Name (if known): Catherine Carston
5b.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: Pilot Environmental
areas?
Other:.;IiCK to enter
5c.
If the Corps made a jurisdictional determination,
Z Preliminary ❑ Approved ❑ Emailed Concurrence
what type of determination was made?
❑ Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
SAW-2021-02276
Page 6 of 22 PCN Form - Version 1.5, September 2020

5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
USACE PJD — SAW-2021-02276, dated December 4, 2021
5d1. Attach jurisdictional determinations.
Page 7 of 22 PCN Form - Version 1.5, September 2020

6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The project will consist of two phases. Phase I of the project will consist of the construction of apartment
buildings and townhomes. Phase 11 of the project will consist of the construction of four additional apartment
buildings. Both phases are being permitted as part of this PCN application. Additional phases and/or impacts to
jurisdictional areas are not proposed.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No other permits are intended to be used.
Page 8 of 22 PCN Form - Version 1.5, September 2020

D. Proposed Impacts Inventory
Impacts Summary
0 Wetlands 0 Streams - tributaries
la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters
(check all that apply):
❑ Pond Construction
2.
Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
2a1.
2b.
2c.
2d.
2e.
2f.
2g.
Site #
Impact
Impact
Wetland Name
Wetland Type
Forested
Jurisdiction
Impact Area
Reason/Type
Duration
?
Type
(ac)
W1
Road/
Permanent
WD
Bottomland
Yes
Corps
0.006
Driveway
Hardwood
Crossing
Forest
W2
Fill (Incl.
Permanent
WD
Bottomland
Yes
Corps
0.002
Riprap)
Hardwood
Forest
W3
Draining/
Temporary
WD
Bottomland
Yes
Corps
0.0025
Dewatering
Hardwood
Forest
W4
Road/
Permanent
WD
Bottomland
Yes
Corps
0.005
Driveway
Hardwood
Crossing
Forest
W5
Fill (Incl.
Permanent
WC
Bottomland
Yes
Corps
0.002
Riprap)
Hardwood
Forest
Road/
Permanent
WC
Bottomland
Yes
Corps
0.007
W6
Driveway
Hardwood
Crossing
Forest
2g1.
Total temporary wetland impacts
0.0025 ac
2g2.
Total permanent wetland impacts
0.022 ac
2g3.
Total wetland impacts
0.0245 ac
2h.
Comments:
In order to provide a primary entrance to the site, interconnection to the site and access to a secondary entrance
to Brown Road, wetland impacts are necessary. Roadway fill and culvert installation will result in 0.006 acres of
permanent impact (W1). Installation of riprap (to be keyed in) at the culvert outlet will result in 0.002 acres of
permanent impact (W2). In order to facilitate future development of Phase II of the project, two additional access
roads are necessary. The roadways will result in a temporary impact to 0.0025 acres of wetland due to a
dewatering device (W3). The device will be placed at the upgradient side of the proposed impact areas and will
be connected via a hose to a discharge trap downgradient of the impact areas. The northern access road will
result in 0.012 acres of permanent roadway fill and headwall fill (W4 and W6) and 0.002 acres of permanent
impacts from riprap installation (to be keyed in) (W5). The coffer dam will be removed following the
construction/stabilization measures.
Page 9 of 22 PCN Form - Version 1.5, September 2020

Page 10 of 22 PCN Form - Version 1.5, September 2020

3.
Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #-
3a.
Impact Reason/
Type
3b.
Impact
Duration
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft)
S1
Crossing/ Culvert
Permanent
SAA
Intermittent
Both
1.4
52.6/6.3
S2
Crossing/ Culvert
Permanent
SA
Perennial
Both
1.9
73.26/14
S3
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Choose one-
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1.
Total jurisdictional ditch impact:
Click to enter. linear ft
3i2.
Total permanent stream impacts:
146.16 linear ft
M.
Total temporary stream impacts:
15 linear ft
3i4.
Total stream and ditch impacts:
59 linear ft
3j.
Comments:
In order to construct and maintain access to Phase II of the apartment complex, it is necessary to utilize two
stream crossings. The proposed culvert (S1) will impact 52.6 linear feet (0.0018 acres) of stream channel. The
proposed rip rap (S1) will impact 6.3 linear feet (0.002 acres). The second proposed culvert (S2) will impact
73.26 linear feet (0.0033 acres) of stream channel. The proposed rip rap (S2) will impact 14 linear feet (0.006
acres). Rip rap that will be used to stabilize the stream and keyed into the beds and banks.
Page 11 of 22 PCN Form - Version 1.5, September 2020

4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries,
sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
4b.
4c.
4d.
4e.
4e1.
4f.
Site #
Impact Reason/
Impact
Waterbody Name
Waterbody
Jurisdiction
Impact area (ac)'
Type
Duration
Type*
Type*
01
Choose one
hemp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
02
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
03
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
04
Choose one
Temp/
Click to enter.
Choose one
Choose one
Click to enter.
Perm
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Open water impacts are not proposed.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete
the table
below. (*This
does NOT include offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts
(ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click tt.
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Pond or lake construction is not proposed.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 12 of 22 PCN Form - Version 1.5, September 2020

6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
131
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
132
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
133
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
134
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
135
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
136
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
137
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
138
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
139
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 13 of 22 PCN Form - Version 1.5, September 2020

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
The applicant has designed the remainder of the proposed development to avoid impacts to other streams and
wetlands. Rip rap is being keyed in to the existing bed to maintain the current stream bed and to prevent scour in
wetland areas. The crossing locations were selected to minimize and avoid impacts to stream meanders and
additional impacts to wetlands. Sewer lines will be situated within the proposed road crossings to avoid additional
impacts to jurisdictional areas. The remaining roads, lots and utilities have been designed to avoid additional impacts
to jurisdictional areas.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. A coffer dam and
pump around will be used to minimize sediment discharge during construction activities. Disturbed areas will be
seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? (check all that apply) ❑ In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Mitigation is not proposed. Previously permitted impacts were to 140 linear feet of stream channel. The total
stream impacts (existing and proposed) were determined to be to 0.015 acres of stream channel.
4.
Complete if Using an In Lieu Fee Program
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to enter. linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https:Hribits.usace.army.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O
4d.
Buffer mitigation requested (DWR only):
Click to enter. square feet
4e.
Riparian wetland mitigation requested:
Click to enter. acres
Page 14 of 22 PCN Form - Version 1.5, September 2020

4f. Non -riparian wetland mitigation requested:
Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h. Comments:
Click to enter.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including the amount of mitigation proposed.
Mick to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑x No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact (square
Multiplier
Required mitigation
feet)
(square feet)
Zone 1
dick to enter.
:,lick to enter.
:,hoose one
:,lick to enter.
Zone 2
^,lick to enter.
Click to enter.
:,hoose one
Click to enter.
6f. Total buffer mitigation required
lick to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Buffer mitigation is not proposed.
Page 15 of 22 PCN Form - Version 1.5, September 2020

F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes 0 No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here:
Attach diffuse flow documentation.
2. Stormwater Management Plan
2a. Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250?
❑ Yes 0 No
2b. Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
❑ Yes 0 No
To look up low density requirements, click here:
http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c. IS the project over an acre?
0 Yes ❑ No
2d. Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
❑ Yes 0 No
approved local government stormwater program?
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2e. Which of the following stormwater management program(s) apply?
0 Local Government
(Check all that apply)
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Page 16 of 22 PCN Form - Version 1.5, September 2020

x❑ Phase II
❑ USMP
Local Government Stormwater Programs
❑ NSW
❑ Water Supply
Please identify which local government stormwater program
you are using.
City of Lexington
❑ Phase II
❑ HQW or ORW
State Stormwater Programs
❑ Coastal Counties
❑ Other
Comments:
Click to enter.
Page 17 of 22 PCN Form - Version 1.5, September 2020

G. Supplementary Information
1. Environmental Documentation
1 a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the use of public (federal/state) land? *
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
El Yes El No
Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
A NEPA or SEPA is not required.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
DWR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ❑x No
(15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes Z No
downstream water quality?
3b. If you answered "no", provide a short narrative description:
The project wil consist of two phases. Phase II of the project will not result in additional impacts.
3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent
DWR policy.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Sewer lines will connect to a lift station on the southwestern portion of the site and discharge into existing City of
Lexington sewer lines. The sewer lines will be situated within the proosed road crossing areas and will not result in
additional impacts to jurisdictional areas.
Page 18 of 22 PCN Form - Version 1.5, September 2020

5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
❑ Yes Z No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
5b.
Have you checked with the USFWS concerning Endangered Species
❑ Yes ❑x No
Act impacts?
5c.
If yes, indicate the USFWS Field Office you have contacted.
Choose one
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e.
Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.?
®Yes El No
5g.
Does this project involve bridge maintenance or removal? *
❑ Yes Z No
Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-
SLOPES&apps.pdf
5h.
Does this project involve the construction/ installation of a wind
turbine(s)?
El Yes Z No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes Z No
mechanized pile drivers, etc.?
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdo
5j.
What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?
US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC (Report attached)
3 listed species are identified on the IPaC report (attached). Tricolored Bat (Proposed Endangered), Monarch Butterfly
(Candidate) and Schweinitz's Sunflower (Endangered).
The areas where the impacts will occur (including areas within 100 feet of the proposed impact) consist of a mature
hardwood forest with scattered pines. The under -story and mid -story are moderately densely vegetated. Regarding
the Tricolored Bat, similar habitat is located immediately adjacent to the areas that are being impacted and on adjoining
properties.
The Monarch Butterfly's habitat is open fields and meadows with milkweed. Habitat is not present within the areas of
impact or within 100 feet of the areas of impact.
Suitable habitat for Schweinitz's Sunflower is not present within the areas of impact or within 100 feet of the areas of
impact.
Attach consultation documentation.
Page 19 of 22 PCN Form - Version 1.5, September 2020

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
❑ Yes
❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes
0 No El Unknown
Will this project affect submerged aquatic vegetation?
❑ Yes
X No ❑ Unknown
Explain:
Click to enter.
6b. What data source(s) did you use to determine whether your
site would impact Essential Fish Habitat?
Essential Fish Habitat Mapper — NOAA Fisheries
Page 20 of 22 PCN Form - Version 1.5, September 2020

7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://qis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
preservation status (e.g., National Historic Trust designation or
El Yes x❑ No
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified in the area of the impact, on the
site or on nearby properties. A copy of the SHPO Map is included as an attachment.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes Z No
8b. If yes, explain how the project meets FEMA requirements.
Click to enter.
8c. What source(s) did you use to make the floodplain determination?
National Flood Hazard Layer froom FEMA Web Map Service — Drawing 4 (Attached)
Page 21 of 22 PCN Form - Version 1.5, September 2020

H. Miscellaneous
Comments:
Thank -you for your assistance.
Attach pertinent documentation or attachments not previously requested
I. Signature *
X By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: Michael T. Brame
Signature:
11/2/2020
Page 22 of 22 PCN Form - Version 1.5, September 2020

Proposal for Environmental Services
Pilot Proposal 7187.1
December 29, 2022
AGENT AUTHORIZATION
This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: 221 Brown Street, 110 Arthur Murph Drive,
Lexington, NC 27292
Applicant Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
TSH Holdings, Inc Tom Holderby
1034 Finnwood Drive
Whitsett NC 27377
[phone]
[e-mail]
Signature: S ate:
4

Davidson County GIS?
L EKE NG T€7N
1 inch = 336 feet
The information contained on this map does not replace information that may be obtained by
consulting the official source of the information. In no event shall Davidson County, NC or the
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use
of the information contained on this map.

MURPH ADA ESSIE HEIRS C/O ROY MURPH BILLINGS Return/Appeal Notes: Parcel: 11-347-0-000-0030
BROWN ST FARM 2012 FOR PLAT: /U LED ID 268320
9 J79576 ID NO: 6724-U3-41-4529
CITY OF LEX'10U), COUNTY WIDE (100), LEY SCU1 (100) CARD NO. 1 of 1
REv l Year: 2021 Tax Year: 2022 L33 BK2122-2371&2337-2335 OFF BROWN ST 36.38UJ AC SRC-
Appi i d by 07 — 01/31/2021 11104 MAPS 342&346-348 TW-11 CI-07FR- EX- AT- LAST ACTION 20210201
CONSTRUCTION DETAIL
MARKET VALUE
DEPRECIATION
CORRELATION OF VALUE
TOTAL POINT VALUE IEff.
BASE
BUILDING ADJUSTMENT
USE
MOD
Area
UA
RATE
RCN
EY AYB
CREDENCE TO
OTAL ADIUSTMENT
9]
00
N. GOOD
DEPR. BUILDING VALUE - CARD 0
FACTOR
TYPE: VACANT
DEPR. OB/XF VALUE - CARD 0
TOTAL QUALITY INDEX
MARKET LAND VALUE - CARD 727,60,
TOTAL MARKET VALUE - CARD 72760J
STYLE
TO AL APPRAISED VALUE - CARD 727,600
TO AL APPRAISED VALUE - PARCEL 727,600
TOTAL PRESENT USE VALUE - PARCEL 11,720
OTAL VALUE DEFERRED - PARCEL 715,880
TOTAL TAXABLE VALUE - PARCEL ll 720
PRIOR
BUILDING VALUE 0
CBXF VALUE 0
LAND VALUE 72],E00
PRESENT USE VALUE 1U,420
DEFERRED VALUE 717, 180
TOTAL VoLUE 727600
PERMIT
CODE I DATE NOTE I NUMBER AMOUNT
ROUT: WTRSHD:
SALES
DATA
OFF.
RECORD
DATE
DEED
INDICATE SALES
800K
PAGE
M R
TYPE
/
/I PRICE
02337
2335
11 2018
WD
X
V 0
U2122
2371
11 2U13
WD
X
V J
U 1U26
J281
3 1997
WD
X
V 0
01026
3279
3 1.
WD
X
V 0
U1026
J277
3 1997
WD
X
V 0
U1026
J273
3 199]
WD
X
V 0
01018
9674
12 1996
WD
X
V 6300
HEATED
AREA
NOTES
PER BOARD OF E&R 90 N/C BRD E&R 97
SUBAREA UNIT ORIG °u SIZE ANN DEP - OB/XF DEPR.
GS RPL CODE UALI DESCRIPTIONCOUN LTH .H UNIT PRICE COND SLOG# FACT AVB EV RATE OV COND VALUE
TYPE AREA . CS OTAL OB/XF VALUE 0
FIREPLACE
SUBAREA
TOTALS
BUILDING DIMENSIONS
LAND INFORMATION
TH ER
ADJUSTMENTS
AND
LAND
TOTAL
HIGHEST AND
USE
LOCAL
FRO N
DEPTH
LND
COND NOTES
ROAD
UNIT
LAND
UN T
TOTAL
ADJUSTED
LAND
OVERRIDE
LAND
BEST USE
CODE
ZONING
TAGE
DEPTH
/SIZE
MOD
FACT
RE AC LC TO OT
TYPE
PRICE
UNITS
TYP
ADJST
UNIT PRICE
VALUE
VALUE
NOTES
COMMERCIAL
07)0
B
700
0
1.0000
0
0.5000
PS
40 030.03
6.380
AC
0.500
23,000.00
72760
C
Rd
ACC+LOC
TOTAL MARKET
LAND
DATA
36.380
]2],600
WOOD I
1,15
B
0
0
1.1000
5
1.0000
1 364.0
22.380
AC
1.000
364.00
814
WOOD 11
6125
B
1 0
1 0 1
1,1011
1 5
1,0100
1
1 255.0
14.300
AC
1.300
255.00
357
,TOTAL PRESENT
USE
DATA
36.381
11,720
Owner: MURPH ADA ESSIE HEIRS

avidson County GIS
LINGTCN
Parcel Number:
06003A0000181 Land Units:
0.87 AC
Pin Id :
6724-03-41-8132 Deed Book:
1549 Pg: 0870
ROSE FAMILY INVESTMENTS LLC
C/O Clifford J Green, JR
Owner :
Deed Date:
08/26/2004
656 JERSEY CHURCH ROAD
LEXINGTON NC 27292-0000
Property Address:
CEDAR LANE DR Account Number:
9074273
Township:
06 Exempt Code:
Building Value:
$0 Other Building Value:
$0
Land Value:
$21,750 Market Value:
$21,750
Assessed Value:
$21,750 Deferred Value:
$0
Legal Description:
P=5-38 L181&182 BK1549-870

Additional Attributes
Fire Service Districts
Sq.Miles 17.99
Name LEXINGTON
Townships
Sq. Miles 56.57
Name LEXINGTON
County Zoning Districts
Zone
Soil Types
DSL Name
Soil Name
Type
Percent Sl
Hydric
Municipal Boundary
Name LEXINGTON
SQ Miles 17.79
1 inch = 336 feet
The information contained on this map does not replace information that may be obtained by
consulting the official source of the information. In no event shall Davidson County, NC or the
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use
of the information contained on this map.

avidson County GIS
�112) (130)
Y 3460
130.09
"' 1.37A.
u7 y}
1.10A
ao co 3148 {2
1!iO 25 274.96
(2el)
(1 _81A)
7304
LEMIGTON
2.1 4A
5204 (3 4B:,
cff
{2.9 9AI
8111
Parcel Number :
1134700000035
Land Units:
2.14 AC
Pin Id :
6724-04-52-5204
Deed Book:
2337 Pg: 2335
BILLINGS ROY MURPH
ET ALS
Owner :
2882 ANDREWS DR SW
Deed Date:
11/16/2018
SUPPLY NC 28462
Property Address:
221 BROWN ST
Account Number:
9238887
Township:
11
Exempt Code:
Building Value:
$59,920 Other Building Value:
$1,850
Land Value:
$35,470 Market Value:
$97,240
Assessed Value:
$97,240 Deferred Value:
$0
Legal Description : L35 BK2337-2335 BROWN ST

Additional Attributes
ire Service Districts
lq.Miles
17.99
lame
LEXINGTON
ownships
lq. Miles
56.57
lame
LEXINGTON
:ounty Zoning Districts
oil Types
ISL Name
oil Name
Sl
Municipal Boundary
Name LEXINGTON
SQ Miles 17.79
1 inch = 117 feet 0
The information contained on this map does not replace information that may be obtained by
consulting the official source of the information. In no event shall Davidson County, NC or the
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use
of the information contained on this map.

avidson County GIS
LINGTCN
i
Parcel Number:
1134700000028
Land Units:
3.39 AC
Pin Id :
6724-03-42-7112
Deed Book:
1563 Pg: 0546
ROSE FAMILY INVESTMENTS
LLC
C/O Clifford J Green, JR
Owner :
Deed Date:
10/20/2004
656 JERSEY CHURCH ROAD
LEXINGTON NC 27292-0000
Property Address:
110 ARTHUR MURPH DR
Account Number:
9074273
Township:
11
Exempt Code:
Building Value:
$73,340 Other Building Value:
$7,000
Land Value:
$41,440 Market Value:
$121,780
Assessed Value:
$121,780 Deferred Value:
$0
Legal Description :
L28 BK1549-866&1563-546 BROWN ST

Additional Attributes
Fire Service Districts
Sq.Miles 17.99
Name LEXINGTON
Townships
Sq. Miles 56.57
Name LEXINGTON
County Zoning Districts
Zone
Soil Types
DSL Name
Soil Name
Type
Percent Sl
Hydric
Municipal Boundary
Name LEXINGTON
SQ Miles 17.79
1 inch = 336 feet
The information contained on this map does not replace information that may be obtained by
consulting the official source of the information. In no event shall Davidson County, NC or the
consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use
of the information contained on this map.

LEGEND
I
Site Boundary
Drawing 1 USGS Topographic Map
USGS Topographic Map'"': y:::s'. ''�{.: Brown Street
Lexington West and Lexington East, J�''`} �' Approximate 42-Acre Tract
NC Quadrangles. PILMR Lexington, Davidson County, NC
Scale: 1" = 2,000' Pilot Project 7187

Op
41
J
41ft jo
OW
IMF nii
3kr
9 P
Ot
J Ali
0, aw
7�
WX
r. I .
0'. ...
4
JO
X
kv
LEGEND
Site Boundary
Web Soil Map
Drawing 2
Brown Street
USDA Web Soil Survey Approximate 42-Acre Tract
of Davidson County, NC Lexington, Davidson County, NC
PLIMAL�
tlt—)l %ct
Scale: 1" = 400' I
Pilot Project 7187

UD
Dab
7�—
r
e �
no �' -1
S
P
rrYR.
Drawing 2A
USDA Soil Survey
of Davidson County, NC _ 'f
Published 1994, Sheet 5'�R
Not to Scale
LEGEND
Site Boundary
Published Soil Map
Brown Street
Approximate 42-Acre Tract
Lexington, Davidson County, NC
Pilot Project 7187

* Tr xxF
' Y
F
_ I
'• 'f
e
41
06
st
Ali
--^- .. .
If
f
Drawing 3
USFWSNWI {. -, x rA �,' fr
Wetlands Mapper Plum
.�
Scale: 1"=400' rI_vI LA.'I1,_1V.%IR_. ,{
ILEIGEND
{Ihc 9aundwV
� Fr:strwxcr F.me:�crrt
Frxr.4rr:r FaresFii,rihf1b
� Pttd;rlr�� �rky Mein : f7c: rY.wxcr
!iI IA inr MIA hi:slok
ri w4r.ma'Ni Orud
�'-'kK
� d•ir'uir
r]II'KI
NWI Map
Brown Street
Approximate 42-Acre Tract
Lexington, Davidson County, NC
Pilot Project 7187

- i
4 s .r.•
A few
TY xxF
' Y
- � I
-f
LEGEND
Y � Site Boundary
1 %Annual Chance Flood Hazard
aegul@tory Floodw@y
- „ )C Sped al Fl oodffay
Area of Undetermined Flood Hazard
t 0.2%Annual Chance Flood Hazard
F uture Conditions 1 %Annual Chance FI ood Hazard
►,, Area with Reduced Risk Due to Levee
FEMA FIRM
Drawing 4 . "}
Brown Street
National Flood Hazard Layer Approximate 42-Acre Tract
From FEMA Web Map Service — �'R �,,, �r
Lexington, Davidson County, NC
Scale: l" = 400' t, �¢, 9 h Y i r, m L r R _. , t Pilot Project 7187

0
DP-2 Q
O DP-1
=WB1-16
sue, . r .�[•
LEGEND
Site Boundary
Intermittent Stream
Perennial Stream
Wetland
Culvert
Flag Number
Data Point
Verification Results
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY JEAN GIBBY WITH THE USACE AND SUE HOMEWOOD WITH THE
NCDEQ-DWR ON NOVEMBER 30, 2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES.
mil! _Ilth
-- r
Drawing 5 ,' Wetland Map
Satellite Imagery from ESRI k ` �` �r }
-`•.'� • � � •.� � • _., _ Brown Street
and Pilot GPS Data _i Approximate 42-Acre Tract
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Date: 12.01.21 "-" yt Pilot Project 7187

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Catherine Carston
From: Heather LaGamba
Sent: Thursday, December 29, 2022 5:59 PM
To: 401 [e-mail]
Subject: Pre -File Notice - Brown Street - Weddington Apartments and Townes (7187.1)
We would like to submit a Pre -filing Notice for the following project:
Project Name: Brown Street - Weddington Apartments and Townes (7187.1)
Project Owner: TSH Holding, LLC
Project Owner's Address: 1034 Finnwood Drive, Whitsett, North Carolina 27377
Project County: Davidson
Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined
Thank you and have a wonderful day!
Sincerely,
Heather LaGamba
336.345.9536 (c)
336.310.4527 (o)
P.O. Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]

SAW-2021-02276
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02276County: DavidsonU.S.G.S. Quad: NC-Lexincton `Vest
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Pilot Environmental, Inc.
Brad Luckey
Address: Post Office Box 128
Kernersville, NC 27284
Telephone Number: 336-310-4527
E-mail: bluckeyLa Vilotenviro.com
Size (acres) —42 Nearest Town Lexington
Nearest Waterway Swearing Creek River Basin Upper Pee Dee
USGS HUC 03040103 Coordinates Latitude:35.78123
Longitude:-80.26476
Location description: —42 acres located south of Brown Street. west of Cotton Grove Road, north of Interstate85, in Lexington,
NC. PINs 6724-03-42-7112, 6724-04-52-5204, 6724-03-41-8132, 6724-03-41-4529
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters, including wetlands on the above -de scribed project area/property, that maybe subject to Section404
of the Clean WaterAct (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/1/2021. Therefore,
this preliminary jurisdiction determinationmay be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
in ea sure s, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictionalwa ters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative AppealProce ss (Reference 33 CFR Part3 31). However, you may
request an approved JD, which is an appealable action, by contacting the Corps districtfor further instruction.
❑ There appear to be waters, including wetlands on the above -de scribed project area/property, that maybe subject to Section404
of the Clean WaterAct (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have notbeen properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determinationis
merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands atthe project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conducta delineation thatcan be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within the above -de scribed project area/property subject to the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above -described project area/property subject to the permit requirements of Section
404 of the Clean WaterAct (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date ofthis notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may notbe
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that
can be verifiedby the Corps.

SAW-2021-02276
❑ The waters, including wetlands on yourprojectarea/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of allareas subjectto CWAjurisdiction on your property which, provided
there is no change in the law or our published regulations, maybe relied upon fora period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signedby the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification.
❑ There are no waters of the U.S., to include wetlands, presenton the above -described project area/property which are subjectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one of the 2 0 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Jean B. Gibby at [phone], Ext.24 or
Jea n.B.GibbX&usace.arMLmil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/04/2021.
D. Remarks: REMARKS
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction forthe particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an adin inistrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit in eets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* *It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence."
Corps Regulatory Official:

SAW-2021-02276
Date of JD: 12/04/2021 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Property Owner: Roy B. Murph, Larry Murph, and Clifford James Green, Jr.
Address: 1400 Eastchester Drive
High Point, NC 27265
Telephone Number: 336-289-3951
E-mail: miguel.carrenokallentate.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Pilot Environmental, Inc., BradLuckev File Number: SAW-2021-02276I
Date:12/04/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProaamandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain term sand conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluatingyour objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appealthe permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept orappealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Jean B. Gibby
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOORM9
3331 Heritage Trade Drive, Suite 105
ATLANTA, GEORGIA 303 03-8803
Wake Fo rest, No rth Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants,to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean B. Gibby, 69 Darlington Avenue, Wilmington, North
Carolina28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10.19.2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bradley Luckey, Pilot Environmental, Inc.
Post Office Box 128, Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, SAW
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located south of Brown Street in
Lexington, Davidson County, NC. The site contains wooded land.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Davidson County City: Lexington
Center coordinates of site (lat/long in degree decimal format): Lat.: 35.78123 Long.:-80.26476
Universal Transverse Mercator: WGS 84
Name of nearest waterbody: Tar Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 30 November 2021
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Latitude (decimal
Longitude
Estimated amount of
Type of aquatic
Geographic authority to
Number
degrees)
(decimal degrees)
aquatic resources in
resources (i.e.,
which the aquatic resource
review area (acreage
wetland vs. non-
"may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
See Attached ORM Upload Sheet

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 aNationwide
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 orjudicial
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:
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
[g Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U. S. Geological Survey map(s). Cite scale & quad name: Drawing I
® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A
® National wetlands inventory map(s). Cite name: Drawing 3
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Drawing 4
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Drawing 5
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
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.
tuber 2021
gnature and e of I&fgulatory
staff member completing PJD
October 19, 2021
Signature Und date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.

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LEGEND
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SA 1-5 J Flag Number
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i SA 1-5 J Verification Results
, ow —
CATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY JEAN GIBBY WITH THE USACE AND SUE HOMEWOOD WITH THE
NCDEQ-DWR ON NOVEMBER 30, 2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES.
Drawing 5 Wetland Map
Satellite Imagery from ESRI l ` �, Brown Street
and Pilot GPS Data -_ -- - = Approximate 42-Acre Tract
Scale: 1" = 300' PILOT Lexington, Davidson County, NC
Date:12.01.21 PLOT ENVIR0NMENTAL.INC Pilot Project7187

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0030205
Project Name: Brown Street
January 04, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

01/04/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

01/04/2023
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

01/04/2023
Project Summary
Project Code: 2023-0030205
Project Name: Brown Street
Project Type: Residential Construction
Project Description: Proposed Weddington Apartments and Townhomes
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.78149185,-80!26449298549983,14z
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Counties: Davidson County, North Carolina

01/04/2023 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
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Schweinitz's Sunflower Helianthus schweinitzii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/04/2023
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

01/04/2023
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the

01/04/2023
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ( 1)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
0 probability of presence breeding season I survey effort — no data

01/04/2023
3
SPECIES
Chimney Swift
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
++++ ++++ ++++ ++1111.Ui +1++ +++1 `` 11 +++— +--- +++—ANN —�++
+++� ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++— F+++— --++
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/
• 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.

01/04/2023
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

01/04/2023 5
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

01/04/2023
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

01/04/2023
IPaC User Contact Information
Agency: Pilot Environmental, Inc.
Name: Catherine Carston
Address: PO Box 128
City: Kernersville
State: NC
Zip: 27285
Email [e-mail]
Phone: [phone]

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