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HomeMy WebLinkAbout20230206 Ver 1_401 Application_20230202Staff 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# * 20230206 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Zachary Thomas:eads\ztthomas Raleigh Regional Office - (919) 791-4200 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: 6/28/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: West Ten Rd 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) Orange Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 6875.3_W Ten Rd_PCN_2.2.23.pdf 10.13MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit ............................................................................................................................................................................................................................ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: rif 00. �Zaf. Submittal Date: 2/2/2023 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2021-01481 Prepare file folder ❑ 1. Project Name [PCN Form A2a]: West Ten Road Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Attached 4. Property Owner / Applicant [PCN Form A3 or A4]: Orange County Industrial Partners, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Bradley Luckey/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: North of West Ten Road in Efland, Orange County, NC 36.0726420/-79.189351 8. Project Location —Tax Parcel ID [PCN Form Bla]: 9844452283 9. Project Location — County [PCN Form A2b]: Orange 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Efland 11. Project Information — Nearest Waterbody [PCN Form 132a]: Sevenmile Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020201 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ❑✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: West Ten Road 2b. County: Orange 2c. Nearest municipality / town: Efland 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Orange County Industrial Partners, LLC 3b. Deed Book and Page No. 6799/587 3c. Responsible Party (for LLC if applicable): Mr. Dixon Pitt 3d. Street address: 331 High Street 3e. City, state, zip: Winston Salem NC 27101 3f. Telephone no.: 336-978-9009 3g. Fax no.: 3h. Email address: dixon@williamsdevelopmentgroup.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey@pilotenviro.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 9844452283 Latitude:36.072642 Longitude: - 1b. Site coordinates (in decimal degrees): 79.205747 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 74 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Sevenmile Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-II, HQW, NSW. 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land. The site is located in a rural area of Efland, North Carolina 3b. List the total estimated acreage of all existing wetlands on the property: —0.454ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the project is to construct an approximate 524,790 square foot and 252,000 square foot distribution and manufacturing facilties on the site. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the site with an approximate 524,790 square foot and 252,000 square foot distribution and manufacturing facilities. The facilities will contain storage/manufacturing areas and office areas, restrooms and employee break areas, trailer docks, court and storage parking, employee parking, stormwater treatment ponds and landscaped areas. To facilitate development of the site, it is necessary to impact wetlands associated with development of the site. Clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ❑ No ❑Unknown project (including all prior phases) in the past? Comments: SAW-2021-01481 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Pilot Enviromental, Inc. Name (if known): Catherine Carston & Michael Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2021-01481 Delineation Concurrence Dated 8.9.21 Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ®P ❑ T Building and Road ® Yes ® Corps 0.26 Fill ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.26 2h. Comments: Wetland Impact 1 will permanently fill 0.26 acres (11,455 SF) of wetlands associated with construction of the industrial facilities and right hand turn lane from West Ten Road. Temporary impacts to wetlands are not proposed. Mitigation is proposed for the unavoidable net loss to wetlands. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑P❑T ❑PER ❑Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Stream impacts are not proposed. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: Construction of ponds or lakes within waters is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? B1 ❑P❑T ❑Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts are not proposed. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed development has been designed to minimize grading limits and the development footprint to avoid greater impacts than proposed within this application. Alternative layouts of a similar sizes/dimensions of the proposed buildings would result in greater impacts than those proposed within this application. Additionally, preliminary designs included net loss to wetlands from stormwater control measures. The applicant has limited the dimensions and orientations of the buildings, length of the trailer docks, trailer drives, trailer courts and width of perimeter loop road deck to minimize the impact to wetlands located on the site. The remaining 0.192 ares of wetlands are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence, rock checks or other temporary sediment and erosion control measures will be located within the most down -gradient area within the impact limits. The sediment and erosion control devices will prevent sediment from being discharged into down -gradient streams or wetlands. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Black Bull Stream and Wetland Bank 3b. Credits Purchased (attach receipt and letter) Type Wetlands Quantity 0.53 Ac 3c. Comments: The applicant proposes mitigation for the unavoidable net loss to wetlands at a 2:1 ratio. Based on the mitigation ratio proposed, the applicant intends to purchase 0.53 acres of wetland credits from Blackbird mitigation bank. At this time, the Blackbird bank has the credits available to satisfy the migiation proposal. A copy of Blackbird bank SOA dated 1.31.23 is included as an attachment. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: Orange County 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 51 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A Stormwater Management Plan is required. The applicant will obtain stormwater management plan approval prior to proposed impacts occurring. The applicant requests a conditional 401 WQC pending the Orange County approval of the stormwater management plan. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Orange County ® Phase II ® NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ® No letter.) Comments: A NEPA or SEPA is not required as part of this project. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Impacts for sewage disposal to are not proposed. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The IPaC database report dated January 31, 2023 (attached) identifies the following protected species proximate to the site: Neuse River Waterdog (T), Carolina madtom (E), Atlantic pigtoe (T) and dwarf wedgemussel (E). Suitable habitat for fedeally protected species is not located on or within 200' of the project area. Therefore, we have made the determination the proposed project will have no effect to federally protected species. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO HPO Mapper (attached) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL (Drawing 4, Verification Package). Digitally signed by Bradley Luckey Bradley DN: cn=Bradley Luckey, o=Pilot Enviromental, Inc., ou, aa Bradley S. Luckeyemail=bluckey@pilotenviro.com, Lucke 2 2 23 Dat1e:2023.02.02 07:44:27-05'00' Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Proposal for Environmental Services Pilot Proposal 6873.5 June 30, 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: Applicant Information: Name: Address: Telephone Number: Fax Number: E-mail Address: 0 West Ten Road Mebane, NC 27302 Dixon Pitt 331 High Street Winston-Salem, NC 27101 336-978-9009 dixon@williamsdevelopmentgroup.com Signature: �lit�d/?� �, �— Date:6/30/22 0 ",,,,VZ=Vg.,32=""'""- - wc1g, uer ueld moIS .reJe 00 50-El0E.scleIN eclu,,,,,hon, uoprusuoo-nsemp‘ Palo, fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability January 31, 2023 U.S. Army Corps of Engineers April Norton Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: West Ten Road This document confirms that Orange County Industrial Partners, LLC (Applicant) for the West Ten Road (Project) has expressed an interest to utilize 0.53 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.53 wetland credits from the Blackbird Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If you have any questions, please contact me at 919-209-1055 or astaley(ares.us. Best Regards, _�'Y�- �t Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0040308 Project Name: West Ten Road February 01, 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 final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 02/01/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 02/01/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 02/01/2023 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: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/01/2023 Project Summary Project Code: 2023-0040308 Project Name: West Ten Road Project Type: Commercial Development Project Description: Industrial Manufacturing and Distribution Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.07243875,-79.18824645101444,14z 4,isM r.:L, I,_i NO t,t AL' � Counties: Orange County, North Carolina 02/01/2023 3 Endangered Species Act Species There is a total of 6 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 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/528 02/01/2023 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/01/2023 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https:Hecos.fws.gov/ecp/species/297 02/01/2023 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee 02/01/2023 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. — probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Non-BCCe Jill iiii 1111imam No . J�� .�i.. ++++ IIII IIII 6i w..il. Vulnerable Cerulean Warbler ++++ ++++ ++++ +++, 4 F++ 7P 119 BCC Rangewide + ++++ ++++ ++++ +++— ++—+ (CON) Chimney Swift ++++ ++++ ++++ ++'J i+ii iiil +1+11111111+ 111+ ++-+ BCC Rangewide (CON) Kentucky Warbler ++++ ++++ ++++ ++'P Pq"',"'+"'+'+ ++++ ++++ +++- ++—+ 02/01/2023 4 BCC Rangewide (CON) Prairie Warbler ++++ ++++ ++++ ++'+ l��++� ��r+ "++ ++++ ++++ +++— ++—+ BCC Rangewide (CON) Prothonotary Warbler ++++ ++++ ++++ ++++ ++ ++I+ BCC Rangewide mmmm ==== --a ON (CON) Red-headed Woodpecker ♦♦k I IIII IIII IIII IIII I I I I I I IIII 1+1 BCC Rangewide (CON) Rusty Blackbird ++++ ++++ ++'+ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++— ++—+ BCC -BCR Wood Thrush "" '""''"""+'+ "++ +++- ++-+ BCC Rangewide ++++ ++++ ++++ +"� — (CON) --- ---- -- Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (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. 02/01/2023 5 and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look 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 02/01/2023 6 implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam 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. 02/01/2023 IPaC User Contact Information Agency: Pilot Enviromental, Inc Name: Bradley Luckey Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27285 Email bluckey@pilotenviro.com Phone: 3367084997 L� of :: Catherine Carston From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Monday, August 9, 2021 1:19 PM To: Catherine Carston Subject: RE: [Non-DoD Source] RE: SAW-2021-01481 (West Ten Road Efland NC / Orange County) Attachments: Wetland Map (SAW-2021-01481) West Ten Road.pdf Dear Catherine Carston, Reference is made to Corps Action ID: SAW-2021-01481. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated June 25, 2021. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 -120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 57 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil From: Catherine Carston <ccarston@pilotenviro.com> Sent: Friday, July 9, 2021 2:57 PM To: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Subject: [Non-DoD Source] RE: SAW-2021-01481 (West Ten Road Efland NC / Orange County) Good Afternoon April, Once you have had a chance to review the file, if you decide you would like a site visit just let me know and we will get it set up. Thanks! Sincerely, Catherine Carston 336.712.7381 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.-ilotenviro.com ccarston(@Pilotenviro.com y PIDo®T�� RILOT E N V I RON M ENTAL, INC fl From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Friday, July 9, 2021 1:50 PM To: Catherine Carston <ccarston@pilotenviro.com> Cc: Norton, April R CIV USARMY CESAW (USA)<April.R.Norton@usace.army.mil>; Thames, Joyce A CIV USARMY CESAW (USA) <Joyice.A.Thames@usace.army.mil> Subject: SAW-2021-01481 (West Ten Road / Efland NC / Orange County) Good Afternoon, We have received your Jurisdictional Determination (JD) request, assigned the request file number SAW-2021-01481 and forwarded it to Ms. April Norton for further processing. Please refer to this file number in all correspondence. Thank you, Josephine Schaffer From: Catherine Carston <ccarston@pilotenviro.com> Sent: Friday, July 9, 2021 11:45 AM To: RaleighNCREG <RaleiehNCREG@usace.army.mil> Cc: Heather LaGamba <hlaeamba@pilotenviro.com>; Brad Luckey <bluckev@pilotenviro.com> Subject: [Non-DoD Source] Pilot 6873.1 - West Ten Road USACE JD Request Please find the attached USACE JD request package for the site located on West Ten Road in Efland, Orange County, NC. Please let me know if you have any questions or need anything else for your review. Thanks and have a great day! Sincerely, Catnerine Carston .; 336.712.7381 (c) a' ✓ ca....�''. 336.310.4527 (o) - PII.ATi�..., 2 PoT NQONMNT. , N Page I of 3 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion 131 W. Margaret Lane Control / Stormwater� Suite 201 (919) 245-2575 ORANGE COUNTY P. O. Box 8181 (919) 644-3002 (FAX) NORTH CAROLINA Hillsborough, NC 27278 www.orangecountync.gov .. Aft AV June 3, 2022 0 West Ten Rd. Efland, NC 27243 Re: Orange County Unified Development Ordinance Surface Water Identification Upper Eno Protected Watershed & Upper Eno Critical Watershed PIN- 9844452283 & 9844433644 Dear Mr. Luckey This letter serves as confirmation of an on -site surface water identification made by Orange County Erosion Control Division staff for the referenced parcel. Orange County enforces a stream buffer along streams and water features in the County per the Orange County Unified Development Ordinance (see Section 6.13 Stream Buffers). The current Orange County GIS imagery of the parcel has been updated from the previously mapped water features. Several water features noted on the attached aerial photo were found to be jurisdictional and are as shown on the Orange County GIS imagery. These features are subject to buffer regulations and do require an undisturbed buffer along both sides, as calculated per the referenced Ordinance regulations. Undisturbed buffer areas shall be measured from the top of the stream bank, outer edge of wet, marshy areas, or outer edge of the floodplain where applicable. In the instance where a water feature has braided stream segments with channels running parallel to one another, the buffer shall be measured from the outermost bank on either side. See below for examples of how the buffer is to be measured in varying situations: S:\\ErosionControlDivision\2022\Neuse6/3/22. PIN9844452283.9844433644 Page 2 of 3 1 S,�ffer Width 1 1 1 �� Suffer Width �� 1 1 —�I OR OR Edge of Floodplaisi 1 Suffer Widtli 1 1 1 A r if 1 Tap of stream basil -- S:\\ErosionControlDivision\2022\Neuse6/3/22. PIN9844452283.9844433644 Page 3 of 3 The following is a description of how the buffers affect the property: 1. Feature SA, a previously mapped water feature, has been evaluated and found subject to buffer regulations and has been modified within the Orange County GIS system. 2. Feature SF, a previously mapped water feature, has been evaluated and found subject to buffer regulations and has not been changed within the Orange County GIS system. 3. Feature SZ, a previously mapped water feature, has been evaluated and found not subject to buffer regulations and has not been deleted within the Orange County GIS system. If you have questions about this determination, please contact me at (919) 245-2588. However, if you have further questions about the application of the Unified Development Ordinance to this parcel, how to calculate the buffer lengths, or possible restoration requirements, please contact Patrick Mallett, Erosion Control & Current Planning Supervisor at 919-245-2577. Sincerely, Steve Kaltenbach Erosion Control & Stormwater Officer Attachments: Aerial Photograph / Map cc: File S:\\ErosionControlDivision\2022\Neuse6/3/22. PIN9844452283.9844433644 Streets Streams (Deleted) Regulatory floodway 0 0.055 0.11 f _ N USGS Water Feature Zoning 1%Annual Chance of Flooding ORANGE —•—• Soils Survey Water Feature ®Water Supply Watersheds: Water Body COUNTY NORTH CVROLINA OC Updated Water Feature Parcels Water Body (Deleted) 6/6/2022 I T{ .1 P All� # 777 r FII i��+' -• I� � _ -- - I_•{ �F Tr top }4j_� � 1• I I: + P 5 _y,• 4 IS �J1/ _ 5• LEGEND 4 e{: Site Boundary ' USGS Topographic Map Drawing 1 West Ten Road USGS Topographic Map Approximate 74-Acre Tract Efland, NC Quadrangle PILOT -- Efland, Orange County, NC Scale: 1" - 2,000' PILOTENVIRONMENTAL,INC Pilot Project 6873.1 � .~� SOP 04 116 jo 7-4 407. LJ- 7 i: 6.4 it Site Boundary ' VVab Soil Map Drawing 2 West Ten Road USDA Web Soil Survey Approximate 74'AcreTract ofOrange County, N[ — Ef|and,Orange County, NC Scale: 1"=500' � m�m��m�m, / Ar LEGEND Site Boundary Drawing 2A Published Soil Map USDA Soil Survey `^''' West Ten Road of Orange County, NC Approximate 74'AcreTract Published 1977,Sheet 13 �0� B�lan�,Oran�eCoun�NC �& PILOT ~~ ---' � 3 Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake Riverire Other Drawing 3 t� NWI Map USFWS NWI �� West Ten Road Approximate 74-Acre Tract Wetlands Mapper � F, C Efland, Orange County, NC Scale: 1°-JOO/ pIL0T�ENVIR0NMENTAL,INC Pilot Project6873.1 '{ 5� ,may ; �� y■� Y,r- V-0r l lj�T 5 F � r #f f20- ryf µ .4 r` _, LEGEND Site Boundary N 1 %Annual Chance Flood Hazard Regulatory Floodvay 0Sped al Floodvay Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard Future Conditions 1 %Annual Chance Flood Hazard 0Area with Reduced Risk Due to Levee FEMA FIRM Drawing 4 National Flood Hazard Layer y� l West Ten Road ' ' �- - From FEMA Web Map Service o��� Approximate 74-Acre Tract ��� ,�, � - Scale: 1" = 500' Efland, Orange County, NC P I L O T E N V I R 0 N M E N T A L I N C Pilot Project 6873.1 Drawing 5 Satellite Imagery from ESRI and Pilot GPS Data - Scale: 1" = 400' PILOT Date:6.25.21, Revised 6.28.22 PILOT ENVIR0NMENTAL,INC Wetland Map West Ten Road Approximate 74-Acre Tract Efland, Orange County, NC Pilot Project 6873.1 From: Heather LaGamba To: 401PreFileCa ncdenr.aov Subject: Pre -File Notice - W Ten Rd North (6873.1) Date: Tuesday, June 28, 2022 1:41:29 PM We would like to submit a Pre -filing Notice for the following project: Project Name: W Ten Rd North (6873.1) Project Owner: Williams Development Group, LLC Project Owner's Address: 2990 Bethesda Place, Suite 604-C, Winston-Salem, North Carolina 27103 Project County: Orange Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Thank you and have a wonderful day! Sincerely, Heather LaGamba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www.oilotenviro.com hlagamba(@pilotenviro.com