Loading...
HomeMy WebLinkAbout20230478 Ver 1_Pilot Project 7740.1_Carolina Sweeper_PCN Application_3.29.23_20230329Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2022-01410 Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Carolina Sweeper Begin Date (Date Received): March 29, 2023 Assign Action ID Number in ORM ❑ 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The southern portion of the site contains a commercial/light industrial building and associated parking and landscaped areas. The northern portion of the site contains wooded land. The northern portion of the site is proposed for development associated with an expansion of the current facility. 4. Property Owner / Applicant [PCN Form A3 or A4]: Dougher Properties, LLC/Windsor Commercial 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Michael Brame/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: High Hope Lane 35.7037070/-78.5845780 8. Project Location —Tax Parcel ID [PCN Form Bla]: 1721313405 9. Project Location — County [PCN Form A2b]: Wake 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Garner 11. Project Information —Nearest Waterbody [PCN Form 132a]: Poplar Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Neuse/03020201 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit 9 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ::]Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 nA� NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW 2022-01410 Date received: 3/29/2023 DWR project no. Date received: 3/29/2023 Site Coordinates: Latitude (DD.DDDDDD): 35.703707' Longitude (DD.DDDDDD):-78.584578' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https:Hedocs.deg.nc.gov/WaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf The help document may be found at this link: http://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 6/22/2022 DWR ID # Version (If applicable) A. Processing Information County (counties) where project is located: Wake Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Pagel of 21 PCN Form - Version 1.5, September 2020 ❑x Nationwide Permit (NWP) 1 b. Permit type(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s): NWP 39 RGP number(s): Click to enter. 1 d. Type(s) of approval sought from the DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? Alex Hale 1 b. Primary Contact Email: ahale@windsorcommercial.us 1 c. Primary Contact Phone: (###)###-#### (336) 707-1797 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Dougher Properties, LLC & Dougher Properties 2, LLC 2b. Deed Book and Page No.: 018877/00031 & 019111/02206 2c. Responsible Party (for corporations): Alex Hale/Windsor Commercial 2d. Address Street Address: PO Box 99567 Address line 2: slick to 'M ILIM . City: Raleigh State/ Province/ Region: North Carolina Postal/ Zip Code: 27624-9567 Country: U.S. 2e. Telephone Number: * (###)###-#### (336) 707-1797 2f. Fax Number: (###)###-#### Click to eniei. 2g. Email Address: * ahale@windsorcommercial.us 3. Applicant Information (if different from owner) 3a. Name: Alex Hale 3b. Business Name (if applicable): Windsor Commercial 3c. Address: Street Address: 1007 Battleground Avenue, Suite 301 Address line 2: Clicktu MILM. City: Greensboro State/ Province/ Region: North Carolina Postal/ Zip Code: 27408 Country US 3d. Telephone Number: (###)###-#### (336)707-1797 3e Fax Number: (###)###-#### UICK io enier. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: ahale@windsorcommercial.us 4. Agent/ Consultant (if applicable) 4a. Name: * Michael T. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: (###)###-#### (336) 708-4620 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * mbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: Carolina Sweeper 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Garner, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 17214311388, 1721313154 & 1721313405 2b. Property size (in acres): 3.41 2c. Project Address: Street Address: 101 High Hope Lane Address line 2: Click to ente, City: Garner State/ Province/ Region: NC Postal/ Zip Code: 27529 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.703707' Longitude (-DD.DDDDDD):--78.584578° 3. Surface Waters 3a. Name of nearest body of water to proposed project: Big Branch 3b. Water Resources Classification of nearest receiving Class C; nutrient sensitive waters (NSW) water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Neuse 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030202011101 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The southern portion of the site contains a commercial/light industrial building and associated parking and landscaped areas. The northern portion of the site contains wooded land. The northern portion of the site is proposed for development associated with an expansion of the current facility. The site is located in a residential/commercial area of Garner. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑X No ❑ Unknown project (including all prior phases) in the past? 4c. If yes, please give the DWR Certification number and/or Corps SAW 2022-01410 Action ID (ex. SAW-0000-00000): jClick to enter.l Attach any pertinent project history documentation 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.44 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 372 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an additional building, parking areas and a stormwater device needed to accommodate the growth of Carolina Sweeper. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of a building, an associated access drive, parking areas and a stormwater device to the existing Carolina Sweeper facility. In order to facilitate the proposed development, it is necessary to fill a portion of the wetland on the site. To construct the development on the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by Pilot Environmental on June 14, 2022. The site was verified by Mr. David Bailey with the USACE (Corps Action ID SAW- 2022-01410, concurrence e-mail dated 8.10.2022 is attached). The USACE concurred with the delineation as depicted on Drawing 5 (attached). Name (if known): Michael Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: ^,lick to enter 5c. If the Corps made a jurisdictional determination, ❑X Preliminary ❑ Approved ❑ Emailed Concurrence what type of determination was made? ❑ Not Verified ❑ Unknown Page 6 of 21 PCN Form - Version 1.5, September 2020 Corps AID number (ex. SAW-0000-00000): I SAW — 2022-01410 1 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE — Desktop Review e-mail dated 8.10.2022 (attached) — PJD has not been received. 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. 'lick to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 1 a. Where are the impacts associated with your project ❑ Buffers (check all that apply): ❑ Pond Construction ❑ Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site # Impact Impact Wetland Name Wetland Type Forested Jurisdiction Impact Area Reason/Type Duration ? Type (ac) W1 Fill (Incl. Permanent WA Bottomland Yes Both 0.095 Riprap) Hardwood Forest W2 Other Temporary WA Bottomland Yes Both 0.02 Hardwood Forest W3 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Choose one Click to Perm enter W6 Choose one Temp/ Click to enter Choose one Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0.02 ac 2g2. Total permanent wetland impacts 0.095 ac 2g3. Total wetland impacts 0.115 ac 2h. Comments: In order to develop the site, it is necessary to construct a building, an access drive, parking areas and a stormwater device. The grading for the building and associated drive will impact 0.095 acres of wetland with fill. In order to avoid additional impacts to the wetland, a retention wall will be constructed. In order to construct the retention wall, it is necessary to temporarily impact 0.02 acres of wetland. The wetland will be allowed to return to wooded land following the construction of the retaining wall. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft 36. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Streams impacts are not proposed. Page 10 of 21 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site # Impact Reason/ Impact Waterbody Name Waterbody Jurisdiction Impact area (ac)' Type Duration Type* Type 01 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include ofFline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click tL Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Buffer impacts are not proposed. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The existing Carolina Sweeper facility is situated on the southern portion of the site. In order to accommodate the growing business, it is necessary for the facility to expand onto the northern portion of the site. Two streams (unnamed tributaries to Big Branch) are located within a wooded area on the northern portion of the site. The expansion of the Carolina Sweeper facility has been designed to avoid impacts to both of the streams and the associated buffers. In order to accommodate the facility, it is necessary to permanently impact a 0.095-acre portion of a 0.44 acre wetland. A retaining wall has been designed to avoid permanent impacts to the 0.345 acre remaining wetland. Additionally, the proposed stormwater device has been designed to avoid stream and wetland imacts as well. Designing the development on a greenfield site would likely result in more impacts to natural areas including streams, stream buffers and wetlands than the proposed design. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: A retention wall will be constructed to prevent additional impacts to the wetland from graded slopes. The temporary impact area will be used to construct the wall and will remain a wooded wetland once the wall has been constructed. Best management practices will be used to limit and prevent sediment from running off the site and impacting off -site surface waters and wetlands. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: VUCK io enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 13 of 21 PCN Form - Version 1.5, September 2020 NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP: P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑x No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- ❑x Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply) ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 21 PCN Form - Version 1.5, September 2020 ❑x Phase II ❑ USMP Local Government Stormwater Programs ❑x NSW ❑ Water Supply Please identify which local government stormwater program you are using. Garner ❑ Phase II ❑ HQW or ORW State Stormwater Programs ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑ Yes ❑ No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ❑x No W (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdo in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into existing sewer lines that are located on the site. Additional impacts associated with sewage disposal are not proposed. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: hftps://www.fws.gov/ipac/ Ifws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. :,hoose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ®Yes ElNo 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-reg.usace. army. mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo Page 18 of 21 PCN Form - Version 1.5, September 2020 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC 8 listed species are identified on the IPaC report (attached). The comments below are for the area of impact, including a 100 foot area around the area of impact. Tricolored bat (Proposed Endangered) — Hibernacula is not present. Trees that could afford this species potential roosting habitat is present. Similar habitat is located within the undisturbed wooded wetlands and stream buffers on the northern portion of the site. Similar habitat is also located on nearby properties. The proposed project is not likely to adversely affect this species. Red -cockaded Woodpecker (Endangered) — The wooded area that is being disturbed consists of a mixed pine - hardwood forest. Vegetation in the mid -story is moderate. Potential nesting habitat is not present. Potential foraging habitat is marginal at best. Similar habitat is located within the undisturbed wooded wetlands and stream buffers on the northern portion of the site. Similar habitat is also present on nearby properties. The proposed project is not likely to adversely affect this species. Neuse River Waterdog (Threatened) — The streams on the site are first order streams that are separated from down - gradient streams by a series of culverts. The streams are relatively unstable from being located in an urban seting. Potential habitat is not present. Additionally, streams or stream buffers are not being impacted. Carolina Madtom (Endangered) - The streams on the site are first order streams that are separated from down -gradient streams by a series of culverts. The streams are relatively unstable from being located in an urban seting. Potential habitat is not present. Additionally, streams or stream buffers are not being impacted. Atlantic Pigtoe (Threatened) - The streams on the site are first order streams that are separated from down -gradient streams by a series of culverts. The streams are relatively unstable from being located in an urban seting. Potential habitat is not present. Additionally, streams or stream buffers are not being impacted. Dwarf Wedgemussel (Endangered) — The streams on the site are first order streams that are separated from down - gradient streams by a series of culverts. The streams are relatively unstable from being located in an urban seting. Potential habitat is not present. Additionally, streams or stream buffers are not being impacted. Monarch Butterfly (Candidate) — Potential habitat is not present. Michaux's Sumac (Endangered) — Potential habitat is not present. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper— NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): hftp://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified on the site. A surveyed "gone" propery is situated on adjacent property southwest of the site, across east Garner Road. Listed properties are located approximately one-half mile and farther from the site. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * i] Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michael T. Brame Digitally signed by Michael Brame DN: cn=Michael Brame, —Pilot Signature: Michael Brame Environ_ntal,l—,- mail=mbrame@piI—nAro.com, c=US Date: 2023.03.2914:56:31-04'00' 3.29.2023 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal 7740.1 October 25, 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: 0 High Hope Ln. Garner, NC 27529 Applicant Information: Name: Alex Hale Address: 1007 Battleground Ave. suite 301 Greensboro, NC 27408 Telephone Number: 336-707-1797 Fax Number: E-mail Address: ahale@windsorcommercial.us OacuSigned by: Signature:C '1�14 Date: 3/27/2023 1 1:19 PM EDT 26FE309C665E451... 0 •. yc I� r, Till :��: ' �..+� . ■�■ ii��:;� � � �.�i � �� � \ fir." /�`� �_ �;v��� �� JI■9 k •sir a 20 - i r � r-. 14 30 r- e Drawing 2 USDA Web Soil Survey of Wake County, NC Scale: 1" = 300' 1 �Jk t1� + ti LEGEND Site Boundary Web Soil Map High Hope Lane W. �:f':r f� Approximate 3.41-Acre Tract l M1 Garner, Wake County, NC P1 Pilot Project 7740 PILOT L AY kJ NIM iN TAL. oh 41 :r, ApS2 M& I High Sch u B M a APB'? r LEGEND Site Boundary P.Jr : ir Drawing 2A Published Soil Map USDA Soil Survey High Hope Lane Of Wake County, NC d Approximate 3.41-Acre Tract Published 1970, Sheet 79 Garner, Wake County, NC Not To Scale PI Pilot Project 7740 PILOT 9%V- R041AIN1AL. IIYC M � d irk rL LEGEND Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 300' Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine neepwater Estuarine and Marine Freshwater Pond Lake Riverine Other NWI Map High Hope Lane Approximate 3.41-Acre Tract l Garner, Wake County, NC Pilot Project 7740 r I L 0 r L A Y k 0 4 M i N 1 A L. 0 N C 1 LIMIT OF , STLIDY i'2Q1711 nr, r- f#. 5lZ12OUb VA r. w y I. • &AW�E L iT2Q17100 3.ff. 51210 7p. �mnen one AE Z PANEL; 37201:721 DQJ- eff. 51212QOB X LEGEND Site Boundary 196oAnnual Chance Flood Hazard MRegulatory Floodvay ' f Sped @IFloodvay PANEL" • 1 Area of Undetermined Flood Hazard 3720172000J 0.2%Annua1 Chance Flood Hazard 44!! Y Z eff. 5/2/2006 h' F tture Conditions 1 -'¢ Annual Chance Fl ood Hazard V PF Area with R educed Risk Due to Levee r Drawing 4 FEMA FIRM tP „i,High Hope Lane National Flood Hazard Layer �Approximate 3.41-Acre Tract From FEMA Web Map Service Scale: 1" = 1,000' ,Garner, Wake County, NC �LP1 Pilot Project 7740 l LOr L A V k 0 4 M L N 1 AL. olu C Perennial Stream Intermittent Stream WA 1-5 Flag Number k 10 Data Point 3FsCulvert OCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE VIA TOP REVIEW (SAW 2022-01410, E-MAIL DATED 8.10.22). THI�S EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. HI Drawing 5 Wetland Map Satellite Imagery from ESRI !,; yt_s .. ;,' High Hope Lane and Pilot GPS Data - ' ;�,,' z �;; Approximate 3.41-Acre Tract �" _ Scale: 1" = 100' _ " , Garner, Wake County, NC Date: 06.17.22 Pi WT Pilot Project 7740 PILOT E N V - R O M M k N C A L. 1 N C / O / / N/F S.T. WOOTEN / \ CORPORATION PIN: 1721-32-3006 EX. 50' NEUSE RIPARIAN STREAM BUFFER EX. STREAM TOP OF BANK \tip PROP. 745 SF (0.02 AC) TEMPORARY WETLAND IMPACT N/F ASHLYN EX. WETLAND HOMEOWNERS I PROP. RETAINING WALL / 1-1ASSOCIATION, INC. � 36>� PIN: 1721-31-0698 (DESIGN BY OTHERS); MAX. HEIGHT APPROX. 5' 355 J ✓ I _ 06o PROP. LOADING \ I DOCK @ EL. 360.35' � I I r I -360— PROP. BLDG. ONE-STORY 16,000 SF FFE = 364.35' \ PROP. STORMWATER — CONTROL MEASURE; I o63 \ 3H:1 V INTERIOR SLOPES / I �0ss I 2H:1 V SLOPE \ � 360 L J 0 365 _ 365 \ N/F \ 370 3>0 I DEBRA M. & - _ 366 \ JACOB CRANDALL PROP. 13' X 24' PIN: 1721-31-0158 DUMPSTER ENCLOSURE 367 PROP. RETAINING WALL i 368 (DESIGN BY OTHERS) 370� I I 1� EX. BLDG. FFE = 3 73.0' N/F I KYLE & VICTORIA FETTEROLF PIN: 1721-31-1177 �> �l \I 1i I I S � _ I I PROP. 24" CURB & — _ I OHW ss GUTTER (TYP.) — _ OHW— OHW— 0 E GARNER RI -)sue— VARIABLE WIDTH CSR 1004) PUBLIC R/W — X _ W W APPROX. LOCATION EX. WATER LINE, MATERIAL, SIZE & DEPTH UNKNOWN � W � PROP. 4,145 SF (0.095 AC) \ PERMANENT WETLAND \ \ IMPACT o \ \ 3H:1 V SLOPE EX. 50'ACCESS ESMT. \\ \ APPROX. LOCATION EX. WATER LINE, MATERIAL, SIZE & DEPTH UNKNOWN 4 1 � � EX. FIRE 36 ry HYDRANT (TYP.) \ z � 36S 0 370 I I J — J _ ✓ �y -375 \ OHW = Ot_ 1W �O H _ 380 1� EX. POWER POLE (TYP.) EX. OVERHEAD ELECTRIC LINE (TYP.) zI SITE E Gar. Q� East 6atnrl Nliudic schocl VICINITY MAP 1 If = 500' NOTES 1. TOPOGRAPHIC DATA PROVIDED BY CAWTHORNE, MOSS & PANCIERA, P.C. 2. SURFACE WATERS, WETLANDS AND STREAMS SHOWN DELINEATED BY SAGE ECOLOGICAL SERVICES, INC AND LOCATED BY CAWTHORNE, MOSS & PANCIERA, PC. 3. PROPOSED CONTOURS SHOWN REPRESENT FINISH GRADES. 4. ALL CONSTRUCTION TO BE CONDUCTED IN ACCORDANCE WITH APPLICABLE CITY OF RALEIGH STANDARDS. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITIONS THROUGHOUT CONSTRUCTION LEGEND EX. PROPERTY LINE — — EX. RIGHT-OF-WAY — — EX. ADJACENT OWNERS EX. CHANNEL/STREAM BUFFER OHW OHW EX. OVERHEAD ELECTRIC LINE W W EX. WATER LINE 375— EX. MAJOR CONTOUR (5) - — EX. MINOR CONTOUR (1') — — — — — — — — — — — PROP. SETBACK LINE — — — — — — — — — — — PROP. EASEMENT/BUFFER W W — PROP. WATER LINE SS _ SS PROP. SANITARY SEWER PROP. STORM SEWER 375 PROP. MAJOR CONTOUR (5') 374 PROP. MINOR CONTOUR (1') PROP. PERMANENT WETLAND IMPACT PROP. TEMPORARY WETLAND IMPACT ■ ■ ENGINEERING POST OFFICE BOX 91727 RALEIGH, NORTH CAROLINA 27675 PHONE: 919.610.1051 FIRM NC LICENSE NUMBER C-4222 REVISION HISTORY REV DESCRIPTION DATE BY ORIGINAL PLAN SIZE: 24" X 36" PRELIMINARY PLAN DO NOT USE FOR CONSTRUCTION 40 20 0 40 SCALE: 1 INCH = 40 FEET N SCALE ADJUSTMENT THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING 0 1" I I IF IT IS NOT 1 INCH ON THIS SHEET, ADJUST YOUR SCALE ACCORDINGLY PRELIMINARY SITE PLANS CAROLINA SWEEPER 101 HIGH HOPE LN GARNER, NC 1111// WIN DSO R C O M M E R C I A L DATE: 03-26-2023 SCALE: AS SHOWN DESIGNED BY: FLM APPROVED BY: FLM PROJECT NO.: 22034 IMPACT EXHIBIT © 2023 THIS DRAWING SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN PERMISSION OF FLM ENGINEERING, INC. C�i SHEET 1 OF 1 Michael Brame From: Bailey, David E CIV USARMY CESAW (USA) < David.E.Bailey2@usace.army.mil > Sent: Wednesday, August 10, 2022 3:27 PM To: Michael Brame Subject: Delineation Confirmation RE: SAW-2022-01410 (0 High Hope Lane / Garner / Wake County) Attachments: Pages from 20220627 PJD Request.pdf Hi Michael. I reviewed the information you sent for the above referenced project. Based on your submittal and available remotely sensed information I will proceed with an office verification of the delineation of potential waters of the US. No field verification from the Corps is necessary. I will use the map titled "Wetland Map" (attached) from your PJD request when processing the PJD and/or permit application/request for this site. Please let me know if you have any questions. -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 Office: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 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: Monday, June 27, 2022 3:08 PM To: Michael Brame <mbrame@pilotenviro.com> Cc: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Subject: SAW-2022-01410 (0 High Hope Lane / Garner NC / Wake County) Good Afternoon, Your JD request has been received, assigned action ID SAW-2022-01410 and forwarded to Dave Bailey for further processing. Please refer to the action ID in all correspondence. Thank you, Josephine Schaffer From: Michael Brame <mbrame@pilotenviro.com> Sent: Monday, June 27, 2022 2:20 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] Pilot Project 7740 - High Hope Road - Wetland Verification Request - 6.27.22 Find attached a verification request for a site we recently delineated in Garner, Wake County. There is a proposed impact to the wetland on the site that will require a PCN. Please let me know if you need additional information or would like to schedule a verification meeting on the site. Thank -you. Sincerely, Michael T. Brame 336.708-4620 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com mbrame@pilotenviro.com 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: 2023-0062028 Project Name: Carolina Sweeper March 29, 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 03/29/2023 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. 03/29/2023 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 03/29/2023 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 03/29/2023 KA PROJECT SUMMARY Project Code: 2023-0062028 Project Name: Carolina Sweeper Project Type: Commercial Development Project Description: 3.41 Acre Tract, 101 High Hope Lane, Garner, Wake County Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.7039974,-78.584756902326,14z Counties: Wake County, North Carolina 03/29/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 8 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 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 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 03/29/2023 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 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 Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/29/2023 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. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 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 t0 Aug 20 and Alaska. 03/29/2023 BREEDING NAME SEASON 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 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 03/29/2023 3 (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 Non -BCC 64 11 LL111 y y + *+i i i + ++++ ++++ +„+ +++, +"+ ++++ +�++ Vulnerable diem m= Chimney Swift + I I I LL ++ BCC Rangewide +++ +++4 r+++ TTqq qqqq q1' Jill 0", 0""',+ ++++ ++++ (CON) Kentucky War BCC Rangewidee1 +++ 4+ ++++ I I I I (CON) e Warbler 01 BCC 1Rangewide ++++ ++++ ++++ ++*T 1177 I +71 MT ++++ +um o+++ ++++ ++++ (CON) I 11 Prothonotary Warbler+++ I I 4+ ++++ ++� I I I I I I T++ ++++ ++++ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed ++ I++ I Woodpecker I+++++ +++ I■+� I I Jill'++ +++ ++ 1 1 I I I+ �� 03/29/2023 4 BCC Rangewide (CON) Rusty Blackbird +0++ ++++ 0+00 1+4 ++++ ++++ ++++ ++++ ++++ ++++ +++, +,++ BCC -BCR Wood Thrush I I I I J "" "" BCC Rangewide ++++ ++++ ++++ +i ��J_ _J*� ++y (CON) MEE MEN 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/avoiding-and-minimizing-incidental-take-migratory-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_, 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. 03/29/2023 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 03/29/2023 6 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. 03/29/2023 IPAC USER CONTACT INFORMATION Agency: Pilot Environmental, Inc. Name: Michael Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email mbrame@pilotenviro.com Phone: 3367084620 SH PO W DL, eta of W-1� D x x + a b ^Irp,,!—ups.arcgiuom .::- ... .. .. .. •:1,4566AW602516:•F 1% - o x a G 0 � re- s 0. 4 i ID �° •,:: E�C U In F 7i40f jn_ I r W L ;- Mee 17707 [i Q 7746:>,a_ o:e o. 557 . a 4 n ii3 C i At 0 A ~ e- 3l W2 0