Loading...
HomeMy WebLinkAbout20230782 Ver 1_9287_The Mill_Windsor Trl_USACE PCN and JD Req_6.1.23_20230601 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: The Mills - Windsor Trail 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑Commercial 3. Project Description/Purpose [PCN Form B3d and B3e]: The site contains a single-family residential development under construction and additional residential development that is proposed. In 2006 a pond was drained. In 2008,the upper end of the pond was partially filled for a road. In 2020-2021,the roadway was expanded for improvement of The Mills subdivision entrance road and a sediment basin. An after-the-fact permit is being requested for wetland fill associated with the roadway. Upon completion of the project,the sediment basin will be removed and returned to wetland. Additionally,a culvert that was installed further downgradient at an unknown date is proposed for removal/restoration. 4. Property Owner/Applicant [PCN Form A3 or A41: Xtra Properties 5. Agent/Consultant [PNC Form A5 —or ORM Consultant ID Number]: David 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]: Windsor Trail 35.9330070/-80.3218220 8. Project Location—Tax Parcel ID [PCN Form Bla]: MUltiple 9. Project Location—County [PCN Form A2b]: Davidson 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Lexington 11. Project Information—Nearest Waterbody [PCN Form 132a]: Huffmans Creek 12. Watershed/ 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Yadkin/03040101 Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 and 404 ❑ Regulatory Action Type: ❑ Standard Permit Pre-Application Request Nationwide Permit# Unauthorized Activity Regional General Permit# ❑Compliance Jurisdictional Determination Request ❑No Permit Required Revised 20150602 ' Office Use Only 7JW-Av, Corps Action ID no. [Click to enter.] Date received: [Click to enter.] i i1, ��°'{`. DWR project no. [Click enter.] Date received: [Click to enter.] ' ' r. Site Coordinates: Latitude (DD.DDDDDD): 35.933797' n.)4IHCr.R_UNA Longitude (DD.DDDDDD): 80.319968' EwwronwimrQuaray WaItY•'t'"VV«r' Form Version 4.3,April 20, 2022 Pre-Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) 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 PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResou rces/DocView.aspx?d bid=0&id=2196924&cr=1 Please ensure you have submitted a pre-filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre-filing Meeting Request email address 401 PreFile(a)ncdenr.gov to accept the federally required pre-filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will 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) *: 3/13/2023 Page 1 of 22 PCN Form Version 4.3-April 20,2022 A. Processing Information County(counties)where project is located: * Davidson Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes M No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes © No or airport project) Is this a NCDOT project? * ❑ Yes © No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. M Section 404 Permit(wetlands, streams, waters, la. Type(s) of approval sought from the Corps: Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ❑ Yes M No Please provide the date of the previous submission. * Click to enter a date. M Nationwide Permit(NWP) 1 b. What type(s) of permit(s) do you wish to seek El Regional General Permit (RGP) authorization? ❑ 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 attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes M No NWP number(s) (list all numbers ): NWP 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes M No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1d. Type(s)of approval sought from 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 Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes M No For the record only for Corps Permit: * ❑ Yes M No 1f. Is this an after-the-fact permit/certification application? ® Yes ❑ No Page 2 of 22 PCN Form Version 4.3-April 20,2022 1 g. Is payment into a mitigation bank or in-lieu fee program proposed for ❑ Yes M No mitigation of impacts? 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 M No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes M No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * ❑ Yes M 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 3 of 22 PCN Form Version 4.3-April 20,2022 B. Applicant Information 1a. Who is the primary contact? * Rich Essick 1 b. Primary Contact Email: * richessick@gmail.com 1 c. Primary Contact Phone: * (###)###-#### 704-224-7424 1d. Who is applying for the permit/certification? * (check ® Owner ❑ Applicant (other than owner) all that apply) 1e. Is there an agent/consultant for this project? M Yes ❑ No 2. Landowner Information 2a. Name(s)on Recorded Deed: * Xtra Properties 2b. Deed Book and Page No.: 6709-02-97-2128 2c. Contact Person (for corporations): Rich Essick 2d. Address ' Street Address: PO Box 3517 Address line 2: Click to enter. City: Mooresville State/Province/ Region: North Carolina Postal/Zip Code: 28117 Country: United States 2e. Telephone Number: * (###)###-#### 704-224-7424 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * richessick@gmail.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/Province/ Region: Click to enter. Postal/Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * Click to enter. Page 4 of 22 PCN Form Version 4.3-April 20,2022 4. Agent/Consultant(if applicable) 4a. Name: * David 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: North Carolina Postal/Zip Code: 27284 Country: United States 4d. Telephone Number: * (###)###-#### 336-708-4617 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * dbrame@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 5 of 22 PCN Form Version 4.3-April 20,2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * The Mill 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Lexington 2. Project Identification 2a. Property identification number(tax PIN or parcel ID): 6709-02-97-2128 2b. Property size (in acres): 43 2c. Project Address: Street Address: Windsor Trail Address line 2: Click to enter. City: Lexington State/ Province/ Region: North Carolina Postal/Zip Code: 27295 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits Latitude (DD.DDDDDD): * 35.933797' after the decimal point): * Longitude (-DD.DDDDDD): *-80.319968° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Huffmans Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c8Odd64265 3c. In what river basin(s) is your project located? Yadkin-PeeDee Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011502 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.htmI?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 22 PCN Form Version 4.3-April 20,2022 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site consists of a partially completed residential subdivision. The site contains completed residences, residences under construction and cleared lots that have been prepared for single family residential development. A drained pond that has converted to wetlands and several streams are located on the site. The drained pond was partially filled in order to construct the entrance road into the subdivision. The surrounding properties contain fields, residences and wooded land. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ® No ❑ Unknown project(including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ® Yes ❑ No If yes, describe the completed work. A pond was previously located on the site. In 2006, the pond was drained. In 2008, the upper end of the pond was partially filled to accommodate a farm road onto the site. In 2020-2021, the farm road was expanded to accommodate The Mills residential subdivision entrance road and a sediment basin. Additionally, a 24-inch x 24 ft culvert has been installed down gradient of the drain pond. An installation date for this culvert is not known. This culvert is proposed to be removed and the stream channel restored. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. NA 4d. Attach an 8'/2 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 0.45 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 1,135 linear feet and perennial)on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to develop the site with a residential subdivision. 4i. Describe the overall project in detail, including the type of equipment to be used: * The overall project includes the development of a 33 lot single family residential subdivision, associated roadways and cul-de-sacs, driveways and grass lawns. Additionally, an 11 lot subdivision is currently being planned on the eastern portion of the site (Phase III). The site will receive public water from Davidson County and utilize on-site traditional septic systems. The site will be accessed from the east from Hege Drive. A wetland crossing and associated culvert installation is required to facilitate the proposed entrance road (Windsor Trail)and proposed development. No impacts are associated with development of Phase III. To facilitate the development of the site, clearing and grading the site has been completed. Graders, haulers, excavators and other heavy equipment was used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ® No Page 7 of 22 PCN Form Version 4.3-April 20,2022 If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 8 of 22 PCN Form Version 4.3-April 20,2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑x Not Verified ❑ Unknown ❑ n/a Corps AID number(ex. SAW-0000-00000): SAW-2023-00402 Name (if known): David Brame/Michael Brame 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Determination has not been conducted. JD request is included as an attachment. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Click 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. Phase I and II include the 33 lots on the western portion of the site. Phase III includes the 11 lots on the eastern portion of the site. Stream or wetland impacts are not associated with Phase III. No additional phases are planned. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody(if more than can be entered here, please attach a supplemental list) NA 8. Scheduling of activity: The wetland impacts occurred in 2020-2021. The restoration of the sediment basin back to wetland will be completed once the sediment basin has been closed out by the NCDEMLR. The removal of the downstream culvert will be completed upon authorization by the USACE and NCDEQ-DWR. Page 9 of 22 PCN Form Version 4.3-April 20,2022 D. Proposed Impacts Inventory 1. Impacts Summary ® Wetlands ❑x Streams-tributaries 1a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site#* Impact Impact Wetland Type* Wetland Name* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type (ac)* W1 Road/ Permanent Small-basin WB No Both 0.098 Driveway Wetland Crossing W2 Grading Temporary Small-basin WB No Both 0.079 Wetland W3 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.079 ac 2g2. Total permanent wetland impacts 0.098 ac 2g3. Total wetland impacts 0.178 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Approximately 800 cubic yards of soil. Page 10 of 22 PCN Form Version 4.3-April 20,2022 2i. Comments: W1 —Wetland impact 1 includes 0.098 acres of permanent fill associated with the construction of Windsor Trail. The impact amount assumes that the former pond diverted to wetlands once drained all the way to the pond edge and is based on historical aerial photographs. Based on the recent delineation of the drained pond, the wetland was likely smaller than the extent of the pond edge. However, the pond edge was used as a conservative estimate since no delineation was completed prior to the impact. W2—Wetland impact 2 includes 0.079 acres of temporary fill associated with the sediment basin. The sediment basin is actively in use as part of permitted sediment and erosion control measures. Once the sediment basin is closed out by the NCDEQ-DEMLR, the sediment basin will be removed and the pond basin restored to the pre- existing elevations and reseeded with native emergent wetland seeding to reestablish wetland conditions back to the pond basin. Page 11 of 22 PCN Form Version 4.3-April 20,2022 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 3a 3b. 3c. 3d. 3e. 3f. 3g. 3h. Site#* Impact Impact Impact Type* Stream Name* Stream Jurisdiction Stream Width Impact length Reason* Duration* Type* Type* (avg ft) * (linear ft) S1 Culvert Temporary Crossing/ SA Perennial Both 4 24 Culvert S2 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch 0 linear ft impact: M. Total permanent stream 0 linear ft impacts: M. Total temporary stream 24 linear ft impacts: 34. Total stream and ditch 24 linear ft impacts: 3j. Comments: S1 —Stream impact 1 includes 24 LF (96 SF) of temporary impact for the culvert located downstream of the drained pond basin. The culvert is existing. Its installation date is unknown. The applicant is proposing that the culvert be removed and the stream channel be restored. Page 12 of 22 PCN Form Version 4.3-April 20,2022 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. 4a1. 4b. 4c. 4d. 4e. 4f. Site#* Impact Reason Impact Waterbody Name* Activity Type* Waterbody Impact area Duration* Type* (ac)* 01 Click to enter. Temp/Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/Perm Click to enter. Choose one Choose one Click to enter. 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 Flooded Filled Excavated Flooded Filled Excavated Impacts (ac) P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 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: Click to enter. 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: Pond or lake construction is not proposed. Page 13 of 22 PCN Form Version 4.3-April 20,2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. ❑ Neuse ❑ Tar-Pamlico ❑ Catawba 6a. Project is in which protected basin(s)? ❑ Jordan ❑ Goose Creek ❑ Randleman " (Check all that apply.) ❑ Other: Click to enter. 6b. 6c. 6d. 6e. 6f. 6g. Site#* Impact Type* Impact Duration* Stream Name* Buffer Zone 1 Impact* Zone 2 Impact* Mitigation (sq ft) (sq ft) Required?* 131 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 132 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.)for the proposed project. Page 14 of 22 PCN Form Version 4.3-April 20,2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to provide continued access across the wetlands and access the existing and proposed residences, the impact could not be avoided. Civil design, such as reducing the length of pipe by use of 2:1 sideslopes were used to further reduce impacts to streams and wetlands. Additionally, the restoration of temporary impacted wetlands and the removal of a culvert that was installed at an unknown date is proposed. No additional impacts are proposed for future development. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The existing conditions are stable and do not contribute to stream or wetland sedimentation. Sediment control measures will be employed during restoration of the wetland and removal of the culvert including performing work in the dry and promptly seeding, strawing and/or matting disturbed areas. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on the stream banks and steep slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S.,Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s)will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to 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 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 Page 15 of 22 PCN Form Version 4.3-April 20,2022 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 mitigation credits generated. 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 Multiplier Required mitigation (square 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 ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 16 of 22 PCN Form Version 4.3-April 20,2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. 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 form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes No 2b. Does this project meet the requirements for low density projects as ❑x Yes ❑ No defined in 15A NCAC 02H .1003(2)? * To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%2Oenvironmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑ Yes ❑x No reviewed and approved under a state stormwater program or state- approved local government stormwater program? * ❑ n/a—project disturbs < 1 acre 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. 2d. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 17 of 22 PCN Form Version 4.3-April 20,2022 Please identify which local government stormwater program you are using. * Post construction stormwater management is not required. Sediment and erosion control plans have been approved by the state. State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 18 of 22 PCN Form Version 4.3-April 20,2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public(federal/state/local) ❑ Yes ❑x No funds or the use of public(federal/state) land? * 1 b. If you answered "yes"to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes No Policy Act(NEPA/SEPA)? * 1c. If you answered "yes"to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑x No NEPA or SEPA final approval letter.) Comments: The project does not require a NEPA or SEPA. 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), Federally Non-Jurisdictional Wetlands/Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (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: Click to enter. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ® 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. Wastewater will be discharged into traditional septic sytems located on each individual lot. No additional stream or wetland impacts are required as a result of the septic system installation. Page 19 of 22 PCN Form Version 4.3-April 20,2022 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: https://www.fws.gov/ipac/Ifws.govl)* 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ® No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved?* ❑ Yes ® No ❑ Unknown If yes,which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ® No 5f. Will you cut any trees in order to conduct the work in waters of the ❑ Yes ® No U.S.? 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ® No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use?* ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind ❑ Yes ® No turbine(s)? * If yes, please show the location of the wind turbine(s)on the permit drawings/project plans (attach .pdf) 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 .pdf) Page 20 of 22 PCN Form Version 4.3-April 20,2022 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 The tri-colored bat (Proposed Endangered), Schweinitz's Sunflower Helianthus (endangerd), and monarch butterfly (Candidate) are included by the IPaC as federally listed species that have been identified within the vicinity of the site. Bat hibernacula is not located on the site. Trees that could afford suitable summer roosting habitat are present on the site. Site clearing has already been completed. Additional clearing will not be required to facilitate wetland restoration or culvert removal activities. Additionally, known occurrences are not identified within 2 miles of the site. Based on the lack of known occurrences on or proximate to the site and the lack of future clearing, the project has not and is not likely to adversely affect bat species that may occur in the area. The areas of proposed impacts and areas immediately adjacent to the proposed impacts does not contain favorable shade/sunlight conditions or vegetation that is considered to be potential habitat for Schweinitz's sunflower. It is not likely that the project has or will adversely affect this species. The Monarch butterfly is a candidate species that is not subject to provisions of the ESA or consultation with the service. It is not likely that the project has or will adversely affect this species. Attach consultation documentation. 6. Essential Fish Habitat(Corps Requirement) 6a. Will this project occur in or near an area designated as ❑ Yes ❑x No an Essential Fish Habitat? * Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes 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 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.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 ❑ Yes ❑x No preservation status (e.g., National Historic Trust designation or 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 that are listed or are eligible for listing on the National Register for Historic Places are not identified on the site or proximate to stream and wetland impacts. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. Page 21 of 22 PCN Form Version 4.3-April 20,2022 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? * ❑ 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? FEMA Firm Map (Drawing 4) H. Miscellaneous Comments: Click to enter. 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: * David S. Brame Signature: * ja 0;�? 6/1/2023 Page 22 of 22 PCN Form Version 4.3-April 20,2022 Proposal for Environmental Services Pilot Proposal 9287 March 13,2023 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: The Mills-Windsor Trail Lexington, NC Applicant Information: Name: Richard Essick Address: xtra Properties PO Box 3517 Mooresville, NC 28117 Telephone Number: 704-224-7424 Fax Number: E-mail Address: richessick@gmail.com •.� (/� �a Signature: e: "t 6 Proposal for Environmental Services Pilot Proposal 9287 March 13,2023 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: Windsor Trail-The Mills Owner Information: Xtra Properties-Richard Essick Address: PO Box 3517 Mooresville, NC 28117 Telephone Number: 704-224-7424 Fax Number: E-mail Address: richessick@gmail.com JURISDICTIONAL DETERMINATION REQUEST D. PROPERTY ACCESS CERTIFICATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or actin as the duly authorized agent of the owner of record of the property. 's� r Print Name / Capacity: i� wn r _Authorized Age Date Si nature 5 Jurisdictional Determination Request US Army Corps of Engineers %ri Pnirytuii Di:Ari;[ This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District(Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/Re.ug latoI3 PennitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE&CHARLOTTE REGULATORY WASHINGTON REGULATORY FIELD OFFICE FIELD OFFICES US Army Corps of Engineers US Army Corps of Engineers 2407 West Fifth Street 151 Patton Avenue,Room 208 Washington,North Carolina 27889 Asheville,North Carolina 28801-5006 General Number:(910)251-4610 General Number:(828)271-7980 Fax Number:(252)975-1399 Fax Number:(828)281-8120 WILMINGTON REGULATORY FIELD OFFICE RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers US Army Corps of Engineers 69 Darlington Avenue 3331 Heritage Trade Drive,Suite 105 Wilmington,North Carolina 28403 Wake Forest,North Carolina 27587 General Number:910-251-4633 General Number:(919)554-4884 Fax Number:(910)251-4025 Fax Number:(919)562-0421 INSTRUCTIONS: All requestors must complete Parts A, B, C,D,E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency,please note the specific submittal requirements in Part H. NOTE ON PART D—PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D -NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation(NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. Version:May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Windsor Trail City, State: Lexington, NC County: Davidson Parcel Index Number(s) (PIN): See Attached B. REQUESTOR INFORMATION Name: David Brame, Pilot Environmental, Inc. Mailing Address: Post Office Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 Electronic Mail Address: dbrame@pilotenyiro.com Select one: ❑ I am the current property owner. �✓ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other,please explain. C. PROPERTY OWNER INFORMATION' Name: Xtra Properties - Richard Essick Mailing Address: PO Box 3517 Mooresville, NC 28117 Telephone Number: 704-224-7424 Electronic Mail Address: richessick@gmall.com 1 Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request(copy of Deed,County GIS/Parcel/Tax Record). Version:May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION'4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Rich Essick Print Name Capacity: ❑✓ Owner ❑Authorized Agent' Date Attached Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols,skip to Part E. a If there are multiple parcels owned by different parties,please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version:May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION(JD)TYPE (Select One) ❑� I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination(PJD)provides an indication that there may be "waters of the United States" or"navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional"waters of the United States". PJDs cannot be appealed(33 C.F.R. 331.2); however, a PJD is "preliminary"in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination(AJD) is a determination that jurisdictional"waters of the United States"or"navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner,permit applicant, or other"affected party" (33 C.F.R. 331.2)who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area -43 acres. ❑✓ The property boundary(or review area boundary) is clearly physically marked on the site. Version:May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS ❑� Project Coordinates (Decimal Degrees): Latitude: 35.933007' Longitude: -80.3218220 ❑� A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water,pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters,waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or"Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled"Survey Standards for Jurisdictional Determinations"to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Re"latory-Permit- Program/Jurisdiction/ Version:May 2017 Page 5 Jurisdictional Determination Request ❑ Completed appropriate Jurisdictional Determination form • PJDs,please complete a Preliminary Jurisdictional Determination Form'and include the Aquatic Resource Table • AJDs,please complete an Approved Jurisdictional Determination Form' Vicinity Map ❑ Aerial Photograph ❑ USGS Topographic Map ❑� Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑ Landscape Photos (if taken) ❑ NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms ❑ Other Assessment Forms ' www.saw.usace.g.M.mil/Portals/59/does/re ug latory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf ' Please see hqp://www.saw.usace.gM.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the proj ect area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses:This information may be shared with the Department of Justice and other federal,state,and local government agencies,and the public,and may be made available as part of a public notice as required by federal law.Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination(AJD),which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure:Submission of requested information is voluntary;however,if information is not provided,the request for an AJD cannot be evaluated nor can an AJD be issued. Version:May 2017 Page 6 1 r �.✓ .J w 1. • . _ '.\ _� ��� �_ _ LIB _ 41 I •h'-- 1 \. \ I - r`- /p- `.-�� _ ` � (\ . ,»'•� --7, ;('jam •n: - <�� � f �� �� 1•\ � � � + t` �' •'� S1 ;7 I� ,-� ��' tea.,\ %,.-� ��-_-,--�'• „� •• ��, � , �,' ��s ` 6Q n i �/ r• a fl 1 ` �.\�;,2 •!i8' }DiVti011+' .\ l „%' asp __ \• . ; �_ --�r,�-J.•'-s� r, � j ? ✓' � 0 ,Creek ? j'• , , LEGENDA.al Site Boundary A: Y' USGS Topographic Map Drawing 1 I. r Windsor Trail USGS Topographic Map Welcome, NC Quadrangles ?' �; Approximate 43-Acre Tract PILM Lexington, Davidson County, NC Scale: 1" = 2,000' P 1 L e)T E. R;I V IA :N T A L. A C Pilot Project 9287 �Nil �► • ,. or - wo MADAM— I LEGEND Site Boundary Web Soil Map Drawing 2 �1 = <r t Windsor Trail USDA Web Soil Survey - Approximate 43-Acre Tract Of Davidson County, NC �, �;�� 1 Scale: - �ILM Lexington, Davidson County, NC PiIOT EkV ROVMeNTLI. 6C Pilot Project9287 WOD We[) ` � r Pn© / _f e WeB J Pab PnJ; E eD Ape - P,-H aD C PaD Ch Ce82 PaD c Pa R a PaD CcB V'Cti �'aR I PaD I CW ae h creek PdE aE Pa8 �� O a Pa E LEGEND Pa /\ 1 Site Boundary Drawing 2A Published Soil Map USDA Soil Survey . Windsor Trail of Davidson County, NC Approximate 43-Acre Tract ` - Published 1994 = Lexington, Davidson County, NC Not To Scale PILrOT Pilot Project 9287 1 1 1 0 1 E h v 0 0 M M!N(A l b C _74T T de pro + AL ♦ Y'�: ! _ S• " d•IV — • LEGEND _ _ .. —•� tta>•FrcSMvatcr ErccrRcnt �F1rgIMYd iI'f FUI r�ICdJSil ult � � �"``� ♦::. A Estuarine and Maiinc Dccarater tiittttt� Estuarine at,d Meting ttiiititt�Frobwater Pond - _ ' rr Lake if '''S :,l �� .y, a >_(}ther NWI Map Drawing 3 Windsor Trail USFWS NWI .r, Approximate 43-Acre Tract Wetlands Mapper Lexington, Davidson County, NC Scale: 1" = 500' �R PILOT1 �� Pilot Project 9287 � try ",�ter• � ��:� ''I'�i '��'�' g �' i "` '� ram' � � � • '` •� Ilk Ir A IN Wit PV c, a VA ka PAN ELF 371 708 J .l�r • eff. 3/16/2 0 1 ,M J ��; '� • CO p. ,0 !� LEGEND Site Boundary 1°+•.AnrJUal C harr_e Fl wcd Hazard Regulatory Flc,c,,J%',ay �Speda]Flc Areaof Undeterriirred Flood Hazard 0.21°'_Annual ChEfiCc Flnod Hazard Filure CCindition:z4 1°-::Annual i_bance Flood Haz;.,rd p� I�Area viith Reduced F:r<+k Due to Levee FEMA FIRM Drawing 4 � �' '��=. ..jar :• � '' Windsor Trail National Flood Hazard Layer F kr i Approximate 43-Acre Tract From FEMA Web Map Service Lexington, Davidson County, NC Pilot Project 9287 Scale: 1" = 500' P i, e)T 1 P ri V r. =N r A l. R ( N SA3 (185 LF) SC WA 1-13 (235 LF) (0.15 Ac.) 1 SA2 (14 LF) ■ _s WB 1-17 _---DP-1 O (0.39 Ac.) O DP-2 SB (100 LF) K-EW* r r SA1 (614 LF) ' 4- LEGEND _ Site Boundary Perennial Stream ■■■■■■ Intermittent Stream Wetland SA 1-5 Flag Number THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN DP-10 Data Point VERIFIED BY THE USACE. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 03.29.2023. Drawing 5 " ` : ' ;� Wetland Map 2019 Satellite Imagery from ESRI r ::� " r'r Windsor Trail and Pilot GPS Data -_ -' =X�= Approximate 43-Acre Tract Scale: 1" = 300' LOLexington, Davidson County, NC Date: 03.31.23 T E 1,P 4 0 M N E N T.1. N t Pilot Project 9287 C—Min_Code —CM NWPR_Determine_CM. Locel_Wal—y WA1-13 NORTH CAROLINA PFO RIVERINE Area 0.015 ACRE PJD400 }5.913396° -80319921° HuHmans Creek WS 1-1) NORTH CAROLINA PEM RIVERINE Area 0.39 ACRE PJD404 35.93425d' -80.319934° Huffman:Creek SA1 NORTH CAROLINA RS RIVERINE Linear 614 FOOT PJD404 35.932365° -80320012° Hu.—Creek SA2 NORTH CAROLINA RS RIVERINE Linear 14 FOOT PJD404 35.93388d' -80.3199)6° Huffman:Creek SA 3 NORTH CAROLINA RS RIVERINE Linear 185 FOOT PJD404 35.914283° -80319985° Hu0mans Creek S6 NORTH CAROLINA R4 RIVERINE Linear 100 FOOT PJD404 35.932111 -80.319)46° Huffman:Creek SC NORTH CAROLINA R5 RIVERINE Linear 235 FOOT PJD404 35.933800° -803251)2° Huffman:Creek U.S. Army Corps of Engineers OMB Control#:0710-xxxx,Exp:Pending WETLAND DETERMINATION DATA SHEET—Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority:AR 335-15,paragraph 5-2a) Project/Site: Windsor Trail City/County: Lexington/Davidson Sampling Date: 3.29.23 Applicant/Owner: RCY State: NC Sampling Point: DP-1 Investigator(s): David Brame/Michael Brame Section,Township, Range: NA Landform(hillside,terrace,etc.): drained pond Local relief(concave,convex,none): concave Slope(%): 0-1 Subregion(LRR or MLRA): LRR P, MLRA 136 Lat: 35.933318' Long:-80.319760° Datum: wgs 84 Soil Map Unit Name: ChA:Chewacla loam NWI classification: upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: data point was collected within a drained pond. Approximately 15 feet of the pond reverted to uplands. The remainder are wetland. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required;check all that apply) _Surface Soil Cracks(136) —Surface Water(Al) —True Aquatic Plants(1314) _Sparsely Vegetated Concave Surface(138) X High Water Table(A2) —Hydrogen Sulfide Odor(C1) _Drainage Patterns(B10) —Saturation(A3) —Oxidized Rhizospheres on Living Roots(C3) —Moss Trim Lines(1316) —Water Marks(131) —Presence of Reduced Iron(C4) _Dry-Season Water Table(C2) —Sediment Deposits(132) —Recent Iron Reduction in Tilled Soils(C6) —Crayfish Burrows(C8) _Drift Deposits(133) _Thin Muck Surface(C7) —Saturation Visible on Aerial Imagery(C9) —Algal Mat or Crust(134) —Other(Explain in Remarks) —Stunted or Stressed Plants(D1) _Iron Deposits(135) _Geomorphic Position(D2) _Inundation Visible on Aerial Imagery(67) —Shallow Aquitard(D3) —Water-Stained Leaves(139) _Microtopographic Relief(D4) Aquatic Fauna(1313) X FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes X No Depth(inches): 0 Saturation Present? Yes X No Depth(inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos, previous inspections),if available: Remarks: ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW,or FAC: 4 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW,or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total%Cover of: Multiply by: 50%of total cover: 20%of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 70 x 2= 140 1. Acer rubrum 15 Yes FAC FAC species 25 x 3= 75 2. Liquidambar styraciflua 10 Yes FAC FACU species 0 x 4= 0 3. UPL species 0 x 5= 0 4. Column Totals: 95 (A) 215 (B) 5. Prevalence Index =B/A= 2.26 6. Hydrophytic Vegetation Indicators: 7. _1 -Rapid Test for Hydrophytic Vegetation 8. X 2-Dominance Test is>50% 9. X 3-Prevalence Index is 53.0' 25 =Total Cover 4-Morphological Adaptations'(Provide supporting 50%of total cover: 13 20%of total cover: 5 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 35 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex intumescens 35 Yes FACW present, unless disturbed or problematic. 3. Definitions of Four Vegetation Strata: 4. Tree-Woody plants,excluding vines, 3 in. (7.6 cm)or 5. more in diameter at breast height(DBH), regardless of 6 height. 7. Sapling/Shrub-Woody plants,excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m)tall. 10. Herb-All herbaceous(non-woody)plants,regardless 11. of size,and woody plants less than 3.28 ft tall. 70 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in 50%of total cover: 35 20%of total cover: 14 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50%of total cover: 20%of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont-Version 2.0 SOIL Sampling Point: DP-1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture Remarks 0-18 10yr 4/1 90 7.5yr 4/6 10 C M Loamy/Clayey Prominent redox concentrations Type: C=Concentration, D=Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147,148) _2 cm Muck(A10)(MLRA 147) _Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147,148) —Coast Prairie Redox(A16) —Black Histic(A3) —Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147,148) —Hydrogen Sulfide(A4) _Loamy Gleyed Matrix(F2) —Piedmont Floodplain Soils(F19) _Stratified Layers(A5) X Depleted Matrix(F3) (MLRA 136,147) _2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) —Red Parent Material(F21) _Depleted Below Dark Surface(A11) _Depleted Dark Surface(F7) (outside MLRA 127,147,148) _Thick Dark Surface(Al2) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) —Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, —Other(Explain in Remarks) —Sandy Gleyed Matrix(S4) MLRA 136) —Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122,136) 3Indicators of hydrophytic vegetation and —Stripped Matrix(S6) —Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Dark Surface(S7) Red Parent Material(F21)(MLRA 127, 147,148) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes X No Remarks: ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0 U.S. Army Corps of Engineers OMB Control#:0710-xxxx,Exp:Pending WETLAND DETERMINATION DATA SHEET—Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority:AR 335-15,paragraph 5-2a) Project/Site: Windsor Trail City/County: Lexington/Davidson Sampling Date: 3.29.23 Applicant/Owner: RCY State: NC Sampling Point: DP-2 Investigator(s): David Brame/Michael Brame Section,Township, Range: NA Landform(hillside,terrace,etc.): hillslope Local relief(concave,convex,none): convex Slope(%): 1-3 Subregion(LRR or MLRA): LRR P, MLRA 136 Lat: 35.933166' Long:-80.319665° Datum: wgs 84 Soil Map Unit Name: ChA:Chewacla loam NWI classification: upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(minimum of two required) Primary Indicators(minimum of one is required;check all that apply) _Surface Soil Cracks(136) —Surface Water(Al) —True Aquatic Plants(1314) _Sparsely Vegetated Concave Surface(138) _High Water Table(A2) —Hydrogen Sulfide Odor(C1) _Drainage Patterns(B10) —Saturation(A3) —Oxidized Rhizospheres on Living Roots(C3) —Moss Trim Lines(1316) —Water Marks(131) —Presence of Reduced Iron(C4) _Dry-Season Water Table(C2) —Sediment Deposits(132) —Recent Iron Reduction in Tilled Soils(C6) —Crayfish Burrows(C8) _Drift Deposits(133) _Thin Muck Surface(C7) —Saturation Visible on Aerial Imagery(C9) —Algal Mat or Crust(134) —Other(Explain in Remarks) —Stunted or Stressed Plants(D1) _Iron Deposits(135) _Geomorphic Position(D2) _Inundation Visible on Aerial Imagery(67) —Shallow Aquitard(D3) —Water-Stained Leaves(139) _Microtopographic Relief(D4) Aquatic Fauna(1313) FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes No X Depth(inches): Water Table Present? Yes No X Depth(inches): Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data(stream gauge,monitoring well,aerial photos, previous inspections),if available: Remarks: ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet: 1. Liriodendron tulipifera 20 Yes FACU Number of Dominant Species 2. Quercus alba 25 Yes FACU That Are OBL, FACW,or FAC: 0 (A) 3. Total Number of Dominant 4. Species Across All Strata: 8 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW,or FAC: 0.0% (A/B) 7. Prevalence Index worksheet: 45 =Total Cover Total%Cover of: Multiply by: 50%of total cover: 23 20%of total cover: 9 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2= 0 1. Juniperus virginiana 5 Yes FACU FAC species 0 x 3= 0 2. Ligustrum sinense 5 Yes FACU FACU species 75 x 4= 300 3. UPL species 0 x 5= 0 4. Column Totals: 75 (A) 300 (B) 5. Prevalence Index =B/A= 4.00 6. Hydrophytic Vegetation Indicators: 7. _1 -Rapid Test for Hydrophytic Vegetation 8. _2-Dominance Test is>50% 9. _3-Prevalence Index is 53.0' 10 =Total Cover 4-Morphological Adaptations'(Provide supporting 50%of total cover: 5 20%of total cover: 2 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _Problematic Hydrophytic Vegetation' (Explain) 1. Rubus argutus 5 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Lonicera japonica 5 Yes FACU present, unless disturbed or problematic. 3. Rosa multiflora 5 Yes FACU Definitions of Four Vegetation Strata: 4. Tree-Woody plants,excluding vines, 3 in. (7.6 cm)or 5. more in diameter at breast height(DBH), regardless of 6 height. 7. Sapling/Shrub-Woody plants,excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m)tall. 10. Herb-All herbaceous(non-woody)plants,regardless 11. of size,and woody plants less than 3.28 ft tall. 15 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in 50%of total cover: 8 20%of total cover: 3 height. Woody Vine Stratum (Plot size: 30 ) 1. Lonicera japonica 5 Yes FACU 2. 3. 4. 5. Hydrophytic 5 =Total Cover Vegetation 50%of total cover: 3 20%of total cover: 1 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont-Version 2.0 SOIL Sampling Point: DP-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture Remarks 0-4 10yr 4/4 100 Loamy/Clayey 4-18 7.5yr 4/6 100 Loamy/Clayey Type: C=Concentration, D=Depletion,RM=Reduced Matrix,MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147,148) _2 cm Muck(A10)(MLRA 147) _Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147,148) —Coast Prairie Redox(A16) —Black Histic(A3) —Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147,148) —Hydrogen Sulfide(A4) _Loamy Gleyed Matrix(F2) —Piedmont Floodplain Soils(F19) _Stratified Layers(A5) _Depleted Matrix(F3) (MLRA 136,147) _2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) —Red Parent Material(F21) _Depleted Below Dark Surface(A11) _Depleted Dark Surface(F7) (outside MLRA 127,147,148) _Thick Dark Surface(Al2) _Redox Depressions(F8) —Very Shallow Dark Surface(F22) —Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, —Other(Explain in Remarks) —Sandy Gleyed Matrix(S4) MLRA 136) —Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122,136) 3Indicators of hydrophytic vegetation and —Stripped Matrix(S6) —Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present, Dark Surface(S7) Red Parent Material(F21)(MLRA 127, 147,148) unless disturbed or problematic. Restrictive Layer(if observed): Type: Depth(inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/1/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: David Brame, Pilot Environmental, Inc. Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington,Windsor Trail, SAW 2022- D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located along Windsor Trail in Lexington,NC. The site contains an existing development and a development that is currently under construction. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:North Carolina County/parish/borough: Davidson County City:Lexington Center coordinates of site (lat/long in degree decimal format): Lat.: 35.933007'Long.: -80.321822' Universal Transverse Mercator:WGS 84 Name of nearest waterbody: Huffmans Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource review area(acreage wetland vs.non- "may be"subject(i.e., and linear feet,if wetland waters) Section 404 or Section a licable 10/404 WA 1-13 35.9333960 -80.3199210 0.015 acres Wetland waters 404 WB 1-17 35.9342540 -80.3199340 0.39 acres Wetland waters 404 SA1 35.9323650 -80.3200120 614 linear feet Non-wetland 404 waters SA2 35.9338840 -80.3199760 14 linear feet Non-wetland 404 waters SA3 35.9342830 -80.3199850 185 linear feet Non-wetland 404 waters SB 35.9328500 -80.3197460 100 linear feet Non-wetland 404 waters SC 35.9338000 -80.3251720 235 linear feet Non-wetland 404 waters 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 (AID) 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 AID 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: ® 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: Drawing 1 ® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2&2A ®National wetlands inventory map(s). Cite name: Drawing 3 ❑State/local wetland inventory map(s): ®FEMA/FIRM maps: Drawing 4 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial(Name & Date):Drawing 5 or❑Other(Name&Date): ❑ Previous determination(s). File no. and date of response letter: ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. June 1, 2023 Signature and date of Regulatory Signature and date of person staff member completing PJD 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. SITE DATA: WE-17 1.DEVELOPER/OWNER:XTRA PROPERTIES,LLC 6.PROPOSED LOTS:33 SINGLE-FAMILY RESIDENTIAL LOTS 158 LUCENT LANE MIN.LOT AREA:20,000 S.F.(ON-SITE SEPTIC/WELL) ? LATHAM-WALTERS MOORESVILLE,NC 28117 MAX.LOT COVERAGE:30% ENGINEERING,INC. MIN.LOT WIDTH:100' N.C.CORP.LIC.C-1915 2.ADDRESS:CAMP JOEL LANE 16507-A NORTHCROSS DRIVE LEXINGTON,NC 27292 7.WATERSHED:PROPERTY IS NOT LOCATED IN A WATER cr COVE HUNTERSVILLE,N.C.28078 [.W£ PHONE:(704)895-8484 REEDY CREEK TOWNSHIP SUPPLY WATERSHED AREA cr FAX: (704)237-4362 DAVIDSON COUNTY 8.SETBACKS:FRONT:30' aaUP JM o 3.EX.ZONING:RA3 REAR:20' a SIDE:10' \ , ,` o 4.TOTAL SITE ACRES:±31.32 ACRES(GIS) i!! +`\,\'!\\)\\ \'?'\\,1!�! ?/fj r/%J \\. \ srT 1 ! �. VV� L��� ! \� \ �StHHCAR��� 9.INFRASTRUCTURE: !i ! \.\\,,,, ,„ 5.ADJACENT ZONING:RA3 PUBLIC(DAVIDSON WATER) j i 1 1!'\+, tt\!+ ,\\\1't\\',i 1!! ; /'i r' 1,,1 '\ VICINITYMAP p�Ope�sro i,t ,,1 ! N.T.S. Ao WASTEWATER:SEPTIC I ! ! \' '''„ \'t1 \ ! �- ii,'\\ tl !\1It\\\�I '+'ttt !; , _ SEAL c 'r 1/ / 1 it' \I,{l t't t\I\l,\1\ ,\,1 17— •' /! / � !I/ !r%/ j/ ', \\1't l''li i tij'I ,1 ! I' it. i1{1 1 il 'l r i , r/ )l� // / � �--" / /� \ \•\ 1 , i ( I + \ \, 1 t 1-427 WETLAND IMPACT W 8 4 RC III /•/, EX. STREAM /� 2 % r / /' / i ! \1\ i ! .� l/�/ / I I j , i \ / % r • ;i i r r Jl i I .� \ \ \ ' f , 1\ XTRA PROPERTIES, '% '\ ! \ ; I i i Q / �j j j i ! i\ �.' 6h I f rr \, i % / ' ! \ J QI�I LLC ! st9 rrl / ,lr r 1/7 /fr t; !l t!j I;�I \�\`\j •,I t !I t j! \{ li -- —_ Il,r !! \,l ! �_✓ �/3 //! I ; 1 LUCENT LANE MOORESV NC28117 PHONE:(336)816-70 01 ulrickyounts@hotmaiLcom \\\+ IIit I I !r ------------------- --- I / ; j Hit �,r \ i I' / rtr, r ) �;, I, ;j f r �` l - -- -- - �- ------------ -_---- ----- p=n tl!I ------ - \`I! i'j rirJ •. . .. . . i i i i j\\it FX. E L�IVI�` ++ _ if i !� — _ �`�Vn>`I\ %, ' rf' - - - -- - ------------- ------------ -- S// I l ; DSOR TRAIL -------- W i ; '' I, �\ \•\ \\ � t \ \_ '''I,; ' '\'\``\\ •�• \ \ � \. 1 , ; WETLAND IMPACT W2:- !' 'i�l \ l\ • � ' i !I j'! \ 1 !i j j 1'i;;i ji1'i\,\ •\ ,: \' \ \ \ \ � it 111 % Q 1 i" '� _ ��� jli 1!i U• \---- -- -' r /r(r, ,\ Jill !;i, I � II I` \ �� '------ (� Q %' ! i !I i i i j !'\',\ \\\ \ \��• \ ! I RETURN TO NATIVE ELEVATION f! �� / ' � � , ,■: �_ -i i Ii\��\`'` ��%,• ,� !; I ;V r LII�/�IrS I AND SEED WITH EMERGENT ! I I' j i \\ O �- ...... / I / �ti , ! I!! !li i l! \ �1 J W \V\\\ Z; ! WETLAND SEEDING TO RETURN �/i j j -'\ i i i i !I ! ! ' j i _ �\ z Qe I 1 .t11W■,!1 1 1 .,.�\ \• II 1 i% I• ii i i jljl jll i \: \ ----- ; ; TO WETLAND CONDITION \ \ \ /j� \ 1;i; j;1 w Cn ! 1ii \ \ - '�ti. - ��_ '`�\ \\ ��. .\\ \�\ iiii r%r % 1 ) i I;jji II ! , Iit :\ /, J w 11 \ 1 =__ ; .. \ \ � \ \ •\ , \ \ � �\ ,1 \,tt; !ii, i 1„r r,i I I / r ; i i \ Z ri( ' I 1 \ t ! r+i i 71 �i/�lA \ Q / ;\ -r f -^-r --!-- - ----------------- --- - 1 } I ! i/ 1/l I r r r r if !,i! i i /'f/r J \ \ ` \ i � I ! 1 r rrtl r r irll'r!i ;, (l !l% I�/I t �'— J LL �- -�- I ' ��� 1\ 1\ w !, 4 PUBLIC R/W �--� % �/ ' rr(1 rr r r �tfr f�lll r r (! s --* r � ) I U I ;i •r�/ / "�, i ���"� l 1 1 / / i 1 f � r j Q ,1'i I';!1 i-j 1l j/!Ji!; / , ! / O , It !, \ \ — \ , lttt 1 \ 1 \ \ lit fill i,'' , , \ \ \ \ -� �1� i i \ t", 1�t', Ali" )! (ri'"ii 1 ! i i \� r / \� ! I I i ! REVISIONS \ , t+„ , t I I rrf t t \ „ ,\,+ t•+, l , , t ,, , , \ \ /.-"`,-'.`_— \•\ \„\ � I , +, n ," !II„)rli!1'ii ii 1 1 1 � I I \ \ , ,,, ,\ ,,+, 1't, , t t .i \ �--' \• ,\ ' ) �I W \\ \� \ \,,, ,,, t\,t\ t It i\ , , \ \• ; ! , 111, Ij I i' i!1 !t! ;,! rr ; t \•\ , \, \�, `\+1 )i1i, \ i \ \ \ s r I I,; I),' rl r III' ),r 1, I i J r � �/ �_ �� I � ) j , \ \ \,,\�,\ t1'I j t , ,, \• \ \ _ � �""'\ • �• i � ill! ;, fl^li') it ! � ! 1/% f / / � `� � 't i� i I � nvJ 1 t t 1,, t 11 i \, �� / /'��, / \•\ ':\ \\\"•---_.�jl t%/J r ill!f!!j j!r i,l Ijj, i!, i 1 V � � \\\; ,ttt ,,\ \ \, --� i , ri,l!I' iil i'!I t�! i , �• � � 1 i J / , if � � \\ �!- •\ � f ti i I /�r !lil I!I!!!i!jl!I ijl fl; I �1 I i / / � / � �( \� \i i •\ 7 \ \'•,� t! , 'll, ),li!,li 'llj I„ i!! %11 1 f / � 1 \ \ �. \ \� PROJECT NO.:2021.49 J Ilj jlj!; if Ili i7 ft t'f lr7 I \ / ! ! SCALE:N.T.S /// J 1 1 DRAWN BY:PAS X I/ / CHECKED BY:MSL DATE:0=912022 1). LVNI■/lrOR 6 NLLY RETCt�HE iG CGNPACIIN■ � • APPNGPIGIE PARRS AIO AS.EOQ TNT E161N■ unn■.A ARE tnwm PNOR ro EpN118 ooNs1m1c1aN. • 2). mNmAcraR a�NR PVaMB 81m61L6s ro MRAe EN,M.M NECESMN TO POM S, SHEET N0: S). ALL PAwoN aim aaNu■tE W MPINLT.ARE ro InRVIACED AOWMNS ro■rAN■VWS OF T NORIH 000"OEPNt11ENr Of 1PANOPMA110N. Know what's below. `). s9Xtlf0nvms�"wN°Er1m�00ser°TOr0°aeMw 6i:oom 'I NCall before you dig. LWI LATHAM-WALTERS .p ENGINEERING,INC. .p N.C.CORP.LIC.C-1815 16507-A NORTHCROSS DRIVE C4RWV COW HUNTERSVILLE,N.C.28078 LAME PHONE:(704)895-8484 -Cr FAX: (704)237-4362 CAW JOEL LANE SITE .`Q'�N„CA,? VICINITYAIAP ,�p�oFESS10 N.TR SEAL - 1764�6 g` N nnn,Pn``• a5 — W a LU .✓ I W W X ' +� XTRA PROPERTIES, / 158 LUCENT LANE MOORESVILLE,NC 28117 .� PHONE:(336)816-7001 rickyounts@hotmail.com I / d EX. \ I / I I � WETLAND � � � PUMP&SANDBAGS EX. I � EX.STREAM WETLAND I I N Ur IN .OUT: � 9 ,t \ 39.60 I / 24 L.F.4 .60' 't z �- — — — — — — — — EX. 18"RCP EX �4 L.F.48" CP @ 5. 2% RCP 1.22% ZO (/) - - - - - - - - � �� INV. IN. y/ 739.93 F 1 V. 14: 3 X V 241, I IN W / � \CpA �I Tw I _j I�—// \ # = W L L J - - - 745 ` \ w J — — 1 IN OUT: 38.56' _ _ - - - - - - - \ \ �10 Q 1 \ REVISIONS z Q STREAM DISTURBANCE TEMPORARY STREAM DISTURBANCE W 1. CULVERT&HEADWALL: 350 SF �j 70 L.F. 1. PUMP: 20 S.F. 4 L.F. PROJECT N0.!2021,49 I� 2. RIP-RAP APRON: 160 SF SCALE "=20' 2. SANDBAGS 30 S.F. DRAWN BY:PAB 32 L.F. GRAPHIC SCALE X 6 L.F. CHECKED BY MSL 7— 20 0 10 20 40 DAIt oz u9 zazz ,} ooNmrcla s nur Resruaec rae m,aclwo � / irr�te wno wo nwis,o nw mnwo unno we laaam PNOR ro iiN�q m1emUClp[l ,mxo0°�ORR.Aek M m Ei�c�wnR m°wm�[wcn SHEET H. ro ncnsn s} u rAwo,r a1s,m,c�cT�a 4vLwr,4RE ro R ro .�P„�, N ( IN FEET ) aaaau oL►M,Irxr cF T wrommw Know what's below. " . .wn'm °F. L C811 before you dig. 1 inch = 20 ft. N0 H j50 WIEI� a LATHAM-WALTERS $F LNGINEERING INC. N.C.CORP.LIC.C-1815 16507-A NORTHCROSS DRIVE CARPoE^S cow HUNTERSVILLE,N.C.28078 C CT LANE PHONE:(704)895-8484 •�ca-CT FAX: (704)237-4362 01MP JOEL LANE iiijK o SIT �N uc J vICI1VITt'tyAP SJ OQ'OFES SIO U N T.S. Q' _ SEAL 17646 J J J Q ILLQ w ",,,nHrn,,,, p O DRAINAGE STRUCTURE 750 w O O 750 U) 00 z w PUMP TEMP. SANDBAGS 745 I � 745 XTRA PROPERTIES, LLC 46 L.F.48"RCP @ 5.22%+ 740NE — — — — — -- — EX.STREAMBED 740 MOORESVILLE,N158 LUCENT CA28117 X. STREAMBED — — —77t7777 _ _ _ _ PHONE:(336)816-7001 — — — — — — — rickyounts@hotmail.com 735 735 0+00 0+20 0+40 0+60 0+80 1+00 1+20 20'CLASS I RIP-RAP APRON CULVERT PROFILE DEPTH=27" z N p 1"=10' N U U z W z U) J O J U � — z � x p LU w J L L EMBANKMENT = LJ U I I I MATTING Q C T III—I I I I III— TEMP.STONE J TEMP.SANDBAGS G I II III I I I I I I III OUTLET LU 1Q OW I=I ROP. II— EX.STREAM _ _ EX.STREAM FILMLFDLVER I FLOWS Q '^ U vJ TEMP. —III=I III=I DEWATERING� — BY FLO DEVICE I—III— II—III III=III I I III=1 — REVISIONS W T o o GENERAL NOTES: 1. BYPASS SYSTEM INTENDED FOR PERMANENT STREAM CROSSING. z 2. KEEP CLEARING AND EXCAVATION OF THE STREAM BANKS AND BED,AND APPROACH SECTIONS TO A MINIMUM. Q 3. INSTALL SANDBAGS TO STOP FLOWS IN STREAM,USE PUMP TO BYPASS FLOWS FOR INSTALLATION OF CULVERT. 4. KEEP STREAM CROSSING AT RIGHT ANGLES TO THE STREAM FLOW. 5. ROLLED EROSION CONTROL PRODUCTS(RECP'S)SHALL BE USED TO AID PERMANENT VEGETATED STABILIZATION W OF SLOPES 2:1 OR GREATER AND WITH MORE THAN 10'OF VERTICAL RELIEF. 6. KEY/ANCHOR MATERIAL AT TOP&BOTTOM OF SLOPE FOR EMBANKMENT MATTING. 7. UPON COMPLETION OF THE CROSSING,FILL,COMPACT,AND STABILIZE THE BYPASS CHANNEL APPROPRIATELY. 8. INSPECT PERMANENT STREAM CROSSING PERIODICALLY AND AFTER MAJOR STORMS TO CHECK FOR CHANNEL PROJECT NO.:2021.49 BLOCKAGE,EROSION OF ABUTMENTS,CHANNEL DEGRADATION,SLOPE FAILURE,AND PIPING.MAKE ALL NEEDED SCALE:AS SHOWN REPAIRS IMMEDIATELY TO PREVENTIi FURTHER DAMAGE TO THE INSTALLATION. DRAWN BY:PAS x STREAM PUMP AROUND DETAIL CHECKED BY:MSL 7— DATE M09/2022 I> e FOR CULVERT INSTALLATION • ,AAp.1Yi1E.HIES MO ,1YI,EI61M6 uEllas NE LaGVED PIEOR ro EOM�10 opalRVCnwL �" 1°SIB Em/R~Mlp N.T.S. SHEET NO T ro LIE R V/ 3). i P/LElW C1118.LpNW=OR ISPIYLT.ARE TOeE EwIIm Kxvroxo ro SrwE1N64 a lxE xnnx rNwxs arrnrxr a mwraranx. Know what's below. `) w IBE r10 a rum N Call before you dig. _ NV-1d �02J1N00 NOIS02i3 z Q `rao 96ZLZ ON'NOiE)NIX3l lIb2i12iOSONIM C 3SVHd JI332JO 3NOlS ly 71H 3Hl l,J YN �Y�¢LLyo� E„� w 3 w 4Eao o _� w des°» og e!m° ge m - a a - oomo. y<a g" 0 9 w 9 =gm '3y o ge�. nw 'a- mw ° °' nsw y9o € w o w a o g o � a omwt =: woy= ma' fix= "€ ¢o�esQ ms .ca s ° o pss€ " sE aaaas s ow' o � e zIt x a zw-- 3 3 as u= a W ran � sw.W a a °" :6 o -=�q�� m apt �W $ €¢ ` aEwwq�° s 3s Fps _ ao €€€ayoo ess3 € e o €c g _ s e =a< s z i i ° ®�® Ell Sae rvcLAH l s 6 V ATimm ENE* E i w w / i �Rmm \ --- ---■ 4 m °gas ° s " ■ W-z A P \i■ w V ■ — — p\ _ ��/',------ � `v/ v �� ■1v I� v I v I v I \II o `v I; � �—'T a� �a-� `� V III I / �I—� \ ■ �V A V Iwo F—Q� ��� \ \ VA ---2w,a — q_� J—oo A ALf � \� �\ \\ I I I I k / \ j / I��``�� I I(�Y II I \ I �I ■ �� \ � 8� ���A \ ill i l l � �-�� -� p I I l F 2 I I w I I Isla I I�o��■ I � / � �/ / � ii ii v\V A / � I � � ����� a �, - ■ v i / / /v v a� ow °i � _ �■ � y / / � 1� V � Sao o� �� m �� —I V A I II I I III � i■ / � qa. �% a+„'6o � vo 3U Y 6.p d33—ZZ ■ Approximate location of existing 24- inch X 24 ft culvert to be removed. Stream banks to be sloped and reinforced with coir fiber matting. • t, LEGEND Site Boundary S c Perennial Stream ■■■■■■ Intermittent Stream Wetland �r j SA 1-5 Flag Number THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN DP-10 Data Point VERIFIED BY THE USACE. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 03.29.2023. Drawing 5 Wetland Map 2019 Satellite Imagery from ESRI Windsor Trail and Pilot GPS Data -y'T-IPFLIT Approximate 43-Acre Tract Scale: 1" = 300' LO1� Lexington, Davidson County, NC Date: 03.31.23 ENVIRD \ MlNTAL,INC Pilot Project9287 taEH�CF Ty 17 Q riwiv-m ru'i r• a United States Department of the Interior !, FISH AND WILDLIFE SERVICE ,,, ' =RCH 3 �s Asheville Ecological Services Field Office 160 Zillicoa Street Asheville,NC 28801-1082 Phone: (828)258-3939 Fax: (828)258-5330 In Reply Refer To: June 01, 2023 Project Code: 2023-0088276 Project Name: The Mills Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service)under section 7(c) of the Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment(BA) or biological evaluation (BE) should be completed for your project.A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 06/01/2023 2 activities that are caused by the proposed action.A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BABE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat maybe affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at-risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project- related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Migratory Birds ■ Wetlands 06/01/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/01/2023 2 PROJECT SUMMARY Project Code: 2023-0088276 Project Name: The Mills Project Type: Residential Construction Project Description: The site consists of an existing residential development and a proposed residential development. The site was previously cleared. The project will require a permit for wetland and stream impacts associated with a culvert impact. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/035.93267865,-80.3214832951347,14z z - F'�lnnn:t yr P L — rreK;.. Nuihlu7nn Cr.e� Counties: Davidson County, North Carolina 06/01/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, 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 sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile:httpss://ecos.fws.gov/ecp/species/10515 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 06/01/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 06/01/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle Protection Act2. 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 Treaty 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) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. 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 06/01/2023 2 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 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 06/01/2023 3 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. 06/01/2023 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S.Army Corps of Engineers District. Please note that the NWI data being shown may be out of date.We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ■ RSUBH ■ R4SBC FRESHWATER POND ■ PUBHh 06/01/2023 2 IPAC USER CONTACT INFORMATION Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 Lindsay Ripple Houac rorc?}# N eve NC SHPO Map dated 6/1 /2023 la ni a ie Sp House Lata tte and Ilie ouse Idanie an3 Laths He 3a H o me John C An rl Artrl i a H ilt i ouse Julius H cyt H ouse Lafayette 7:0 Scott Form Philip Bye 0y Farm Church Cemetery frank tied hljude Sov*rs Frank and Maude 30'em-5 H ouse Feloc L el-arp f niiaP ' +,+caner to _jraay snoa- Log Horse Ile•�1' ar.•k S s � n z 3 500 1 000 2.000 Feel sqOman 0, G H 060('H o uac (Gone?" Sources: Esn. HERE CeLorme, USGS, Internap, increihentP Corp., NRCAA,.Esn • Japan,METI, Een C-iins .Hong Kong), Eeri i—hsilsnd,,7omTom, I:spm�lndia, ;. 7penStreetti ap con-nCubrs,and the GIS User Community David Brame From: Heather LaGamba Sent: Monday, March 13, 2023 1:28 PM To: 401 PreFile@ncdenr.gov Subject: Pre-File Notice - Windsor Trail (9287) We would like to submit a Pre-filing Notice for the following project: Project Name: Windsor Trail (9287) Project Owner: Xtra Properties, LLC Project Owner's Address: Post Office Box 351, Mooresville, North Carolina 28117 Project County: Davidson Type of project/Approval Sought: 401 WQC, Pre-Application Request Meeting Declined Thank you and have a wonderful day! Sincerely, Heather LaGamba 336.345.9536(c) 336.310.4527(o) P.O. Box 128 Kernersville, NC 27285 www.pilotenviro.com hlagamba@pilotenviro.com 1