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HomeMy WebLinkAbout20220210 Ver 2_49-11545-C Gallimore Dairy Road 404-401 Wetland Permit Report_20230322GALLIMORE DAIRY ROAD 415 GALLIMORE DAIRY ROAD GREENSBORO, NORTH CAROLINA 27409 ECS PROJECT NO. 49:11545-C SAW-2021-00395 MARCH 22, 2023 C ECS Southeast, LLP Geotechnical • Construction Materials • Environmental • Facilities U.S. Army Corps of Engineers Wilmington District Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 "One Firm. One Mission." March 22, 2023 ECS Project No. 49:11545-C Reference: Pre -Construction Notification Application (NWP #39), Gallimore Dairy Road, 415 Gallimore Dairy Road, Greensboro, Guilford County North Carolina To Whom It May Concern: Please find a copy of the Pre -Construction Notification Application for a Nationwide Permit (NWP) 39 for Commercial and Institutional Developments for Gallimore Dairy Road (SAW-2021-00395) located at 415 Gallimore Dairy Road in Greensboro, Guilford County, North Carolina. This current NWP 39 application is identifical to the previous application submitted for this site on February 3, 2022. The 2022 NWP 39 application was withdrawn and the US Army Corps of Engineers issued a Denial Without Prejudice Letter on July 18, 2023. If you have any questions, please contact Michelle Measday, CFM, PWS at 919-861-9910 or MMeasday@ecslimited.com. Sincerely, ECS Southeast, LLP Michelle Measday, CFM, PWS Environmental Senior Project Manager MMeasday@ecslimited.com 919-861-9910 Brandon Fulton, LSS, PSC, PWS Environmental Principal BFulton@ecslimited.com 704-525-5152 5260 Greens Dairy Road, Raleigh, North Carolina 27616 • T: 919-861-9910 • ecslimited.com NC Engineering No. F-1078 • NC Geology No. C-553 • SC Engineering No. 3239 ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP ECS Capitol Services, PLLC -An Associate of the ECS Group of Companies ECS Southeast, LLP 1.0 INTRODUCTION The site consists of an approximate 20.66 acre tract located at 415 Gallimore Dairy Road, Greensboro, Guilford County, North Carolina (36.067648,-79.749464). According to the Guilford County Geographic Information System (GIS) website, the Parcel Identification Numbers (PINS) are: 7814-94-3873 20.66. The site currently consists of mowed turf, cleared area and wooded land. ECS Project # 49:11545-C Page 1 C ECS Southeast, LLP 2.0 PROJECT PURPOSE & NEED The purpose and need of the project is for development of an industrial/commercial site that provides key components for bulk warehousing and distribution with commercial space. Other aspects of the site include central location, sufficient size for the proposed buildings that can be supported with current infrastructure, and is complimentary to the existing commercial and industrial properties that are located in the general area. The site is also located in the vicinity of major interstate thoroughfares and access to the Piedmont Triad (GSO) International Airport. The selected site offers the following which was important to the intended use: 1. Preferred site location in the vicinity of 1-85 and 1-40 along major thoroughfares. Access to Piedmont Triad International Airport. The site is located within approximately 0.5 mile of 1-40 via Gallimore Dairy Road and approximately 1.5 miles via Route 68. 2. Utilities in place and or close to the site. The site requires electrical, gas, fiber, water, and sanitary sewer. Utilities are located within Chimney Rock Road. 3. The site is generally flat and was free of poor soils which is important to the feasibility of bulk warehousing/distribution projects. The site is slopes in an east to west direction. The larger of the two warehouse buildings is located along the eastern boundary in a more level area of the site. 4. A site was large enough to accommodate the site program and was controlled by a single landowner. Current industry standard is 200,000-SF for a warehouse/distribution building. The site split warehouse space between two buildings to achieve close to 180,000-SF 5. The site must provide good secondary road access to support the expected truck and employee traffic. A traffic signal at the intersection of Gallimore Dairy Road and Chimney Rock Road controls traffic adjacent both site entrances. 6. A site that was relatively free of environmental features, streams, and floodplain, and/or features that would be too large to accomodate building footprints. The site design was able to accomodate the regulated features within the parcel. 7. The site is entitled/zoned to appropriately allow for the intended bulk warehousing/distribution and commercial use. ECS Project # 49:11545-C Page 2 C ECS Southeast, LLP The site is specifically zoned for such a use and is complimentary to uses within the vicnity of the site. Due to the site's unique configuration with a wetland and stream in the center of the site, in order to achieve close to the minimum industry standard of 200,000-SF warehouse space, while avoiding further impacts to the wetland and stream onsite, the warehouse space was split between two buildings. The larger warehouse space was configured as far back from the wetland to minimize further impacts to the resource. The depth of the building is at the minimum while still providing separation of vehicular and tractor trailer parking and movement with separate driveways. Separation of vehicular and tractor trailer movements provides safety for both operators. Fire safety requires full access to a minimum of three sides of the building, which has been provided. Impacts to the wetland were minimized to the maximum extent practicable with grading at a 2:1 slope. A retaining wall was considered, however costs, maintenance and safety concerns with regard to the height of the wall and additional fencing on top of the wall were considered impracticable. ECS Project # 49:11545-C Page 3 C ECS Southeast, LLP 3.0 BACKGROUND Gallimore Dairy Road (SAW-2021-00395) is located at415 Gallimore Dairy Road in Greensboro, Guilford County, North Carolina (Appendix II). The site consists of approximately 20.66 acres and is further identified on the Guilford County GIS Website as Parcel Identification Number (PIN) 7814-94-3873. The site currently consists of cleared area, maintained fields and wooded land. Surrounding properties consist of commercial uses. Based on the United States Geological Survey (USGS) Topographic Map, no streams or low-lying areas are depicted within site boundaries (Appendix II). A Nationwide Permit 39 was previously submitted for this project on February 3, 2022, but was later withdrawn on July 11, 2022 and the USACE issued a Denial Without Prejudice Letter on issued for the project on July 18, 2022 (Appendix III). This application serves to request a Nationwide Permit 39 with development design features similar to the 2022 application. ECS Project # 49:11545-C Page 4 C ECS Southeast, LLP 4.0 AGENCY FIELD VERIFICATION & JURISDICTIONAL DETERMINATION OD' ECS submitted the delineation findings for verification under an Preliminary jurisdictional Determination (PJD) on February 22, 2021. The project was assigned a USACE project manager under SAW-2021-00395 on February 25, 2021. A field visit was performed on April 21, 2021. A formal determination letter was issued on February 13, 2023. See Appendix III for documentation. ECS Project # 49:11545-C Page 5 C ECS Southeast, LLP 5.0 PROPOSED IMPACTS & MITIGATION 5.1 Wetland Mitigation Credits Proposed impacts for the development include 0.21-acre of permanent fill to jurisdictional wetlands using native materials from the site. Due to the project proposing greater than 0.1-acre of permanent wetland impacts, mitigation is proposed through the purchase of In -Lieu Fee Credits from the North Carolina Department of Mitigation Services (NCDMS). The NCDMS acceptable letter is included in Appendix IV. ECS Project # 49:11545-C Page 6 C ECS Southeast, LLP 6.0 AGENCY CORRESPONDENCE 6.1 Threatened & Endangered Species On December 30, 2021, ECS submitted a request for information pertaining to threatened and endangered species through the North Carolina Natural Heritage Program (NC NHP). According to the Request for Threatened and Endangered Species Consultation received from the NC NHP on December 30, 2021, there are no tracked species of concern found within the project footprint or within a one -mile radius of the project footprint. NC NHP notes to keep in mind that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. On January 19, 2022, ECS utilized the USFWS Information for Planning and Consultation (IPaC) website to submit a request for information on threatened and endangered species within the project area. Based on the generated list, the following threatened, endangered, proposed, and candidate species are listed with the potential to occur within the boundary of the proposed project and/or may be affected by the proposed project: Schweinitz's Sunflower, Survey Window: late August to October Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m tall and bears yellow flower heads in late summer and early autumn. Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine -hickory woods and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline clearings. Conclusions: The site consists of wooded land and maintained fields to the forest edge. The surrounding land use includes industrial and commercial properties. A targeted survey was performed on site to identify Schweinitz's sunflower, but was not during the appropriate flowering window. The field is aggressively maintained and mowed. Field edges along cleared areas were examined for Schweinitz's sunflower or any sunflower species and none were identified. Therefore, ECS concluded that habitat does not exist on site for Schweinitz's sunflower and the project proposed for the site would have no effect on Schweinitiz's sunflower. Small -whorled pogonia, Survey Window: mid -May to early July Description: Small -whorled pogonia has a greenish -white stem that grows between 3 -13 inches tall. Habitat: Small whorled pogonia can be limited by shade. The species seems to require small light gaps, or canopy breaks, and generally grows in areas with sparse to moderate ground cover. Too many other plants in an area can be harmful to this plant. This orchid typically grows under canopies that are relatively open or near features that create long -persisting breaks in the forest canopy such ECS Project # 49:11545-C Page 7 ECS Southeast, LLP as a road or a stream. It grows in mixed -deciduous or mixed-deciduous/coniferous forests that are generally in second- or third -growth successional stages. The soils in which it lives are usually acidic, moist, and have very few nutrients. Distribution: Small -whorled pogonia is found sporadically across the eastern United States and Canada. In North Carolina, this species is extant in Burke, Cherokee, Guilford, Jackson, McDowell, Rutherford, and Transylvania counties. It is considered historic in Haywood, Henderson, Macon, and Surry counties. Conclusions: ECS concluded no effect due to lack of habitat on site. The tree canopy was moderate to dense with very little canopy breaks for light to reach the ground. A copy of the USFWS IPaC letter is attached in Appendix VI. A copy of the USFWS response letter dated March 9, 2022 is also included in Appendix VI. 6.2 Cultural Resources On January 28, 2023, ECS reviewed the North Carolina Historic Preservation Office (NC HPO) website to evaluate the site and surrounding area for potential cultural resources, archaeological sites, and historic structures. No historic structures were identified within 1,500 feet of the PSA. A copy of the NC HPO web map and the NC HPO response letter is attached in Appendix VII. ECS Project # 49:11545-C Page 8 C ECS Southeast, LLP 7.0 CLOSING ECS looks forward to your attention to this request. Please contact Michelle Measday, CFM, PWS at 919-861-9910 orMMeasday@ecslimited.com with questions or if additional information is required. ECS Project # 49:11545-C Page 9 C Appendix I: PCN Application (Submitted Electronically), Parcel Infornation and Agent Authorization 2/22/23, 4:17 PM Property Summary Tax Year: 2023 98227 REID PIN 415 GALLIMORE Location DAIRY RD Property Address Description Print Property Info 7814-94-3873 KOURY Property Owner CORPORATION CAROLINA TRACTOR & 2275 VANSTORY ST EQUIPMENT CO LO2 Owner's Mailing STE 200 Address GREENSBORO NC 27403 Administrative Data Transfer Information Plat Book & Page Deed Date Old Map # Deed Book Market Area 7824A02 Deed Page 00- Revenue Stamps Township MOREHEAD/GILMER Package Sale Date Planning GR-GREENSBORO Jurisdiction Package Sale Price City Greensboro Land Sale Date Fire District Land Sale Price Spec District Improvement Summary Land Class IND Total Buildings History REID 1 Total Units History REID 2 Total Living Area Acreage 20.66 Total Gross Leasable Area Permit Date Permit # Photograph Building Summary Property Value 9/21/2021 Total Appraised Land Value $1,094,000 008513 Total Appraised Building Value 02620 Total Appraised Misc $2,208 Improvements Value Total Cost Value $1,094,000 Total Appraised Value -valued $1,094,000 9/21 /2021 By cost $1,104,000 Other Exemptions Exemption Desc Use Value Deferred 0 Historic Value Deferred 0 Total Deferred Value 0 Total Taxable Value $1,094,000 0 No Photo Found https://taxcama.guilfordcountync.gov/camapwa/PrintPRC.aspx?PARCELPK=234751 1 /2 2/22/23, 4:17 PM Misc Improvements Summary Card Unit Base # Quantity Measure Type Price No Data Total Misc Improvements Value Assessed: Land Summary Print Property Info Eff Phys Depr (% Econ Depr (% Funct Depr (% Common Interest (% Value Year Bad) Bad) Bad) Good) Land Class: IND Deeded Acres: 20.66 Calculated Acres: 20.71 Zoning Soil Class Description Size Rate Size Adj. Factor Land Adjustment Land Value CU-HI 4000-INDUSTRIAL 20.66 BY THE ACRE PRICE $90,000 SIZE-78.45 $1,094,000 TOPOGRAPHY-75.00 Total Land Value Assessed: $1,094,000 Ownership History Owner Name Deed Type % Stamps Sale Price Book Page Deed Date Ownership Current KOURY CORPORATION SPEC. WARRANTY 100 2208 $1,104,000 008513 02620 9/21/2021 DEED 1 Back CAROLINATRACTOR &amp; WARRANTY DEED 100 0 5709 2913 12/23/2002 EQUIPMENT CO Notes Summary Building Card Date Line Notes No Data https://taxcama.guilfordcountync.gov/camapwa/PrintPRC.aspx?PARCELPK=234751 2/2 ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm 0-406 SC Registered Engineering Firm 3239 Agent Authorization Property/Site: 415 Gallimore Dairy Rd Industrial Building(s) Address of Site: 415 Gallimore Dairy Rd Greensboro, NC 27409 Parcel Identification Number (PIN): Owner Information: Name: Koury Corporation Address: 2275 Vanstory Street' Greensboro, NC 27403 Telephone Number: 336-299-9200 Fax Number: bhecke@kourycorp.com E-mail Address: Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application: Property Owner Signature: af-2, Imo.,. Brian Hecke, Project Manager Date: 2/2/022 ECS Capitol Services, PLLC • ECS Florida, LLC. • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com Appendix II: Figures ;oIf N Legend _ 6n=8iwd" J Gallimore Project Study Area e�� oseij i, n, F EF It c• ,c 0 m �D Clien a '' Jos°ph M BfA Piedmont �q�q Triad Int'I°q S� Airport W m it Project: - Guilford A _ + College cast Fas P R p , 415 Gallimore Dairy Road a © 421, , �' F'iandly A., Greensboro, Guilford County, o , North Carolina - I a Sandy Ridge Golf C lub a 1�;, OR, 0 or Skaet CFub R d Ul 49 E ® Title: 9 3 C, SITE LOCATION MAP J68 4)h 16 RA.�, Y� ''�w 1 inch = 1 miles ° So9 GUILFORD CO NTY r 427Hil1topRC,, ' h -�' Drawn By: Checked By: Bkentennial JDG WBF Green -way Approved By: Date: Center WBF 04/13/2020 V� ECS Project No. Oak R`� t Hollow o o Mackay RC/NFyh v��^ 49:11545 Reservoir � 4Fo as O c � FIGURE 1 Oak Hollow m e Jamestown ScJgefeld Pa rk9 Park m CTE ill It: Appendix III: Previously Approved JD and NWP 39 Permit Denial Without Prejudice Michelle Savage-Measday, PWS From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Monday, February 13, 2023 8:23 AM To: Michelle Savage-Measday, PWS Cc: Brandon Fulton, LSS, PSC, PWS Subject: [EXTERNAL] Preliminary Jurisdictional Determination: SAW-2021-00395 (415 Gallimore Dairy Road / Greensboro / Guilford County) Attachments: 2021-00395 PJD Tearsheet.pdf Michelle, Please see the attached Preliminary Jurisdictional Determination (PJD) for the above referenced project. Note that hard copies of the attached documents will not be distributed unless specifically requested. My original intention was to issue the PJD along with any permitting. However, given the current status of this project I wanted to go ahead and close out the PJD. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Thursday, February 25, 2021 11:28 AM To: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com> Cc: Brandon Fulton, LSS, PSC, PWS <BFulton@ecslimited.com>; Kristen Cottrell <KCottrell@ecslimited.com>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Thames, Joyce A CIV USARMY CESAW (USA) <Joyce.A.Thames@usace.army.mil> Subject: SAW-2021-00395 (415 Gallimore Dairy Road / Greensboro NC / Guilford County) Good Morning, We have received your Jurisdictional Determination (JD) request. We have assigned the request file number SAW-2021- 00395 and forwarded it to Mr. David Bailey for further processing. Please refer to this file number in all correspondence. Thank you, Josephine Schaffer From: Kristen Cottrell <KCottrell@ecslimited.com> Sent: Wednesday, February 24, 2021 4:29 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: Michelle Savage-Measday, PWS <MMeasday@ecslimited.com>; Brandon Fulton, LSS, PSC, PWS <BFulton@ecslimited.com> Subject: [Non-DoD Source] 49.11545-13 Gallimore Dairy Road JD Request Packet Good Afternoon, Attached you will find ECS Southeast, LLP JD Request Packet, project no. 49-11545-B for the Gallimore Dairy Road Site located in Greensboro, Guilford County, North Carolina. If you have any questions, please feel free to contact Michelle Measday at 919-861-9821, or via email at mmeasday@ecslimited.com. Thank you, KRISTEN COTTRELL I Administrative Assistant T 919.861.9910 1 D 919.861.9817 C 919.896.1665 5260 Greens Dairy Road I Raleigh NC 1 27616 ECS SOUTHEAST, LLP www.ecslimited.com Linkedln I Facebook I Twitter Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00395 County: Guilford U.S.G.S. Quad: NC -Guilford NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: ECS Limited Attn: Michelle Measdav Address: 5260 Greens Dairy Rd Raleigh, NC 27616 Telephone Number: 919.861.9859 E-mail: MMeasdav(&ecslimited.com Size (acres) —22 Nearest Town Greensboro Nearest Waterway UT to East Fork Deep River River Basin Cape Fear USGS RUC 03030003 Coordinates 36.067648,-79.949464 Location description: The proiect area is located southeast of the intersection of Gallimore Dairy Road (SR 1556) and Chimney Rock Road (SR 1554) at address 415 Gallimore Dairy Road, Greensboro, NC. PIN 7814943873. The Preliminary Jurisdictional Determination review area is shown as the red -outlined "Gallimore Proiect Studv Area" on the attached sketch entitled "Potential Waters of the US Map" (Fieure 6). Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/21/2021 (Rev). Therefore, this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above -described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated _ We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on_. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above -described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Bailey at (919) 817-2436 or David.E.Bailev2( )usace.armv.mil. C. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 2/13/2023. D. Remarks: N/A E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN(a)USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Date: 2023.02.13 08:19:38-05'00' Corps Regulatory Official Date of JD: 2/13/2023 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hops://regul�r�.gps.usace.army.mil/customer-service-survey/. Legend F—lGallimore Project Study Area ■■■■ Tributary ® Wetland 44 f '1 r iiiinll II■rl � ` iilllll Clien mow --- Tributary N } -618 LF 1 Start Perennial (NCDWR) 1 , Start Intermittent (NCDWR) / r Wetland -0.48 Acre r I 0 75 150 Project: 415 Gallimore Dairy Road Greensboro, Guilford County, North Carolina Title: Potential Waters of the US Map 1. POTENTIAL WATERS OF THE US WERE DELINEATED BY ECS ON APRIL 14, 2020 2. FEATURES DEPICTED ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE OR NCDWR AND ARE SUBJECT TO CHANGE 3.THIS MAP SHOULDONLY BE USED FOR PRELIMINARY PLANNING PURPOSES MSM I WBF Approved By: I Date: WBF 04/A/•f/\•f17/A202 AM/.0 ....\ 49:11545 300 FIGURE 6 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: ECS Limited, Attn: Michelle Measdal File Number: SAW-2021-00395 Date: 2/13/2023 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D N PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: David Bailey ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(a)USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 2/13/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: ECS, Michelle Measday, 5260 Greens Dairy Road, Raleigh, NC 27616 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2021-00395 (415 Gallimore Dairy Road / Greensboro / Guilford County / industrial) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION 415 Gallimore Dairy Road, Greensboro, NC. ECS understands that the site will be developed with an industrial facility. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Guilford City: Greensboro Center coordinates of site (lat/long in degree decimal format): Latitude: (36.067648 Longitude:-79.949464 Universal Transverse Mercator: 17 Name of nearest waterbody: UT to East Fork Deep River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: X1 Field Determination. Date(s): 4/21/2021 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "maybe" subject (i.e., Section 404 or Section 10 404 Wetland 36.067390 -79.949191 0.48 Ac wetland 404 Tributary 36.067506 -79.950564 618 LF Non -wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ECS Figures 1-6 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2 Guilford ® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 Guilford County ® National wetlands inventory map(s). Cite name: Figure 4 NWI Watershed Deep River ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 5 3710689500K ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Figure 6 or ®Other (Name & Date): ECS Photoloa ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): QL2 LiDAR (NC SDD website) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date: 2023.02.13 07:54:10-05'00' Signature and date of Regulatory staff member completing PJD DATE K6.a� M4..% t 2/16/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 July 18, 2022 Regulatory Division Action ID: SAW 2021-00395 Mr. Brian Hecke Koury Corporation 2275 Vanstory Street, Suite 200 Greensboro, North Carolina 27403 Dear Mr. Hecke: Please reference your Pre -Construction Notification Form (application) submitted to our office via email on February 3, 2022, requesting the use of Nationwide Permit 39 for a project proposing four commercial buildings located at 415 Gallimore Dairy Road, in Greensboro, Guilford County, North Carolina. By copy of the North Carolina Division of Water Resources (NCDWR) correspondence, dated July 11, 2022 (enclosed), we have learned that your request for a NCDWR 401 Water Quality Certification (DWR # 20220210) has been denied for this project. Therefore, under the administrative rules of our regulatory program, we cannot give favorable consideration to issuance of Department of the Army (DA) authorization. Accordingly, your request to verify the use of Nationwide Permit 39 is hereby denied, without prejudice, and your file has been retired. Further consideration for DA authorization must await your re -application and subsequent resolution with NCDWR concerning your 401 Water Quality Certification. In addition to resolution of the above, please also reference our request for additional information submitted to you via email on March 2, 2022 (enclosed) and further correspondence via email dated May 9, 2022, noting several items that must be addressed in order to continue evaluation of your application. This information is essential in our review of your permit proposal and should be included in the resubm ittal of your application. -2- Thank you for your time and cooperation. If you should have any questions or comments concerning this matter, please contact Mr. David E. Bailey at telephone (919) 817-2436 or by email at David.E.Bailey2@usace.army.mil. Sincerely, FOR THE DISTRICT COMMANDER Jean B. Gibby Chief, Raleigh Regulatory Field Office Copies furnished by email: Ms. Sue Homewood, NCDWR Mr. Todd Allen Bowers, EPA Ms. Michelle Measday, ECS Southeast LLP Appendix IV: North Carolina Department of Mitigation Services - Acceptance Letter ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Richard Vanore Koury Corp, LLC 2275 Vanstory St. Greensboro, NC 27403 Project: 415 Gallimore Dairy Road Project NORTH CAROLINA Environmental Quality February 22, 2023 Expiration of Acceptance: 8/22/2023 County: Guilford The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HLIC) Impact Type Impact Quantity Cape Fear 03030003 Riparian Wetland 0.21 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, lkw�d_lh� FOR James. B Stanfill Deputy Director cc: Michelle Measday, agent North Carolina Department of Environmental Quality I Division of Mitigation Services D E nr.=.T• -nn:,� rt„� 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 oenarvrteni oremsronm�wi we 919,707,8976 Appendix V: Impact Exhibits CAROLINA TRACTOR AND EQUIPMENT GO I D.D, 5778 PG. 2597 P.B, 201 PG. 24 T, TAX PARCEL 99788 413 GALLIMORE DAIRY ROAD 40 \\�/ // Ex, ZONING: LI O 2 ` 1f ' � \ b �o���. O Q Q(�Q(-,,' �Q / \� p / \ wA nn — /_1 n ti e �9 y V I l vv�� --�— �"�� 7- /�� u — _ vv ���3 a r Z i \ 1 1. // v a �o m O (> a c��� � �UQ� /� A 1 11� A\ � _ d Y A A � ��'A toc O T V A �r7\'� � - /i �i l I PROPOSED DE i PERMANEN I / f v / T wET v \ �' — / / �v / NT�ON P TOONp , _ IMPACT # 1 y i E_ y / �;0' _ - \ BUILDING e / `4����-� `'�rg�H / v� _ �?` \ 1_ \ �7 /. INTeRSTgTF .,.,, R\ 40 1 UPge _ SITE REGENCY DR cN1111V RpOk Rp VICINITY MAP 1 "=2000' ! / / — / / -- i l _ / i I SHEET 1 OF 2 PPROPOSED NENT / �' / i 1 - , / OVERALL SITE IMPACT MAP ERMAWET DETENTIO/y POND — / I Imo` / FOR SER5� V A 10�00 F( m �,u 4 / / / BUppINIs �U1�� ������� �' �' ` '' 415 GALLIMORE DAIRY ROAD #� & #g_#4 \vFF�� �� DANIEL G. BAUSUM A/W 20MOD --. im�° PATTY L BAUSUM GUILFORD COUNTY - / D.B. 8378 PG. 2249 P.D. 21 PG. 34 PART LOT I TAX PARCEL 997e7 MOREHEAD TOWNSHIP - GREENSBORO NC � 1 � ,736 S, CHIMNEY ROCK RD EXFEBRUARY 01, 2023 ZONING R3 . A 150 0 75 150 300 L \ ,A N ROM N CHIMNEY ROCK ROAD 1 inch = 150ft. (MINOR THOROUGHFARE) eR SR#1554 STATE PROJECT 5.492 4609 Dundas Drive 60, RIGHT OF WAY PER D.B. 1998 PG. 639 Va ns Greensboro, North Carolina 27407 OWNER/DEVELOPER + ngineerin�r' I��. Fax336.854'8876 KOURY CORPORATION Phone 336.854'8877 Since 1974 >~ 2275 VANSTORY STREET ST. 200 Firm License No.: C-0168 GREENSBORO, NC 27403 1 Engineers Surveyors Planners / H:\DRAWINGS\KOURY\415 GALLIMORE\415 GALL impact maps-02-01-23 o EXISTING WETLAND (TYP) 66D k t k kkkk.�'f. �k -' k k A, A, 0 A, \ \ A,A,k k kk k A. k k A. k k k k k� k k k k k k kk k k k k Ar 7 \ G STREW k / WETLAND IMPACT: TOTAL WETLAND IMPACT = 8,936 SF (0.21 AC.) Ire OWNER/DEVELOPER KOURY CORPORATION 2275 VANSTORY STREET ST. 200 GREENSBORO, NC 27403 1 WETLAND IMPACT I J k k k k k INDICATES k k k EXISTING WETLAND kk k k INDICATES WETLAND IMPACT ty = 0.21 ACRES 2'.s is ■ ■ EX. STREAM SHEET 2 OF 2 WETLAND IMPACT #1 MAP FOR 415 GALLIMORE DAIRY ROAD GUILFORD COUNTY \ MOREHEAD TOWNSHIP - GREENSBORO NC FEBRUARY 01, 2023 40 0 20 40 80 1 inch = 40ft. 4609 Dundas Drive + V��S Greensboro, North Carolina 27407 +� ngineering, Inc. Fax 336.854.8876 —Since 1974 Phone 336.854.8877 Engineers Surveyors Planners Firm License No.: C-0168 H:\DRAWINGS\KOURY\415 GALLIMORE\415 GALL impact maps-02-01-23 Appendix VI: USFWS lPaC and Response Letter 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: 2023-0040723 Project Name: Gallimore Dairy Road Site 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: 2023-0040723 Project Name: Gallimore Dairy Road Site Project Type: Commercial Development Project Description: Proposed Development Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.06766645,-79!94972684637366,14z F �i Y Counties: Guilford County, North Carolina 02/01/2023 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 02/01/2023 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 Eagle JJ Jill Non -BCC ++++ + `� ++++ � ��i ++++ +++ ++++ ++++ Vulnerable Cerulean Warbler �■ ■■■, BCC Rangewide ++++ ++++ ++++ ++-I I I 1 17 ++++ IFP+ ++++ ++'+ ++++ ++++ ++++ (CON) Chimney Swift 111 1111 1111i111 111 , 11 11 BCC Rangewide ++++ ++++ ++++ + + + ++ ++++ + +++ (CON)■■ �___ ____ ____ ____ __. Kentucky Warbler ++++ ++++ ++++ +++; 11 1 1 1 1 1 1 I 1 I 1 1 I i •+ ++++ ++++ ++++ ++++ 02/01/2023 4 BCC Rangewide (CON) Prairie Warbler BCC Rangewide +++ ++++ ++++,+10 ITTI TTIT ITIT ++++ ++'+ ++++ ++++ ++++ (CON) Prothonotary Warbler ++++ ++++ ++++ JIM$ �+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC Rangewide imm (CON) Red-headed Woodpecker I I I I I I I I I I l i l ++ ++++ ++++'+++ BCC Rangewide (CON) Rusty Blackbird ,+++ ++�+ ++�� I ++++ ++++ ++++ ++++ ++++ ++++ +,'+ +$++ BCC -BCR Wood Thrush ++++ ++++ ++++ +,+, 0+0+ 1111�.`■ , , ++++ ++++ 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: ECS Southeast LLP Name: Kara Cometti Address: 1812 Center Park Drive City: Charlotte State: NC Zip: 28217 Email kcometti@ecslimited.com Phone: 7046156703 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 March 9, 2022 Michelle Measday ECS Southeast LLP 5260 Green Dairy Road Raleigh, NC 27616 Re: 415 Gallimore Dairy Road —Guilford County Dear Mrs. Measday: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by aproposed project. For future projects, please visit the Raleigh Field Office'sproject planning website at https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list of all endangered threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, ensure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 'The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Ourcomments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, Pete Benjamin Field Supervisor Appendix VII: NCHPO HOPWeb Map and NCHPO Response Letter NCHPO HPOWEB R 4bt } so 2/1/2023, 4.01.13 PM Surveyed Only individual resources & centerpoints Surveyed Only SL individual resources & centerpoints Study List Entry, Gone Counties (outline) V- f 11W 4 - rq ■ 1.9,028 0 0.07 0.15 0.3 mi 0 0.13 0.25 0.5 km NC CGIA, Maxar North Carolina State Historic Preservation Office NC CGIA, Maxar North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 31, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Michelle Savage-Measday mmeasdn2ecslimited.com ECS Southeast, LLP 5260 Greens Dairy Road Raleigh, NC 27616 Re: Construct commercial development, 415 Gallimore Dairy Road, Greensboro, Guilford County, ER 22-0416 Dear Ms. Savage-Measday, Thank you for your email of January 28, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy (� State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898