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
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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
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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
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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
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SOP
04 116
jo
7-4
407. LJ-
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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-
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.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