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HomeMy WebLinkAbout20220896 Ver 2_PCN - REVISED Long Creek Village Site__Forsyth County_NC_8-28-23_20230828nnrF a< „o >a No 'tee auwv *"k NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2022-00653 Date received: [Click to enter.] DWR project no. 20220896 v1 Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 36.205302 Longitude (DD.DDDDDD):-80.319172 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:Hedocs.deg. nc.gov/WaterResources/DocView.aspx?dbid=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) : 4/19/2022 Page 1 of 23 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: Forsyth Additional (if needed). Is this an ARPA project? ❑ Yes ❑x No If yes, ARPA project number: The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Lette('. If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at corey.basinger@ncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? ❑x Yes ❑ No Please provide the date of the previous submission. 6/30/2022 ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑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. 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No NWP number(s) (list all numbers): NWP 29 RGP number(s) (list all numbers ): Click to enter Are you a federal applicant? ❑ Yes ❑ 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): ❑ 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 Page 2 of 23 PCN Form Version 4.3- April 20, 2022 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 23 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? Johnathan McCall 1 b. Primary Contact Email: Office.dependabledev@gmail.com 1 c. Primary Contact Phone: (###)###-#### 704-774-1964 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: BHR Land Holdings, LLC 2b. Deed Book and Page No.: 003501 - 00374 2c. Contact Person (for corporations): Ben Russell 2d. Address Street Address: 4389 Indian Trail Fairview Road Address line 2: Click to enter. City: Indian Trail State/ Province/ Region: NC Postal/ Zip Code: 28079 Country: USA 2e. Telephone Number: * (###)###-#### 707-288-7826 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: ben@pinnaclehomesusa.net 3. Applicant Information (if different from owner) 3a. Name: Johnathan McCall 3b. Business Name (if applicable): Carolina Development Services, LLC 3c. Address: Street Address: 2627 Brekonridge Centre Drive Address line 2: Click to enter. City: Monroe State/ Province/ Region: NC Postal/ Zip Code: 28110 Country USA 3d. Telephone Number: (###)###-#### 704-774-1964 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: office.dependabledev@gmail.com Page 4 of 23 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: S. Paul Petitgout 4b. Business Name: Lowrys Environmental & Ecological Services, LLC 4c. Address: Street Address: 1823 Quinn Road Address line 2: Click to enter. City: Chester State/ Province/ Region: SC Postal/ Zip Code: 29706 Country: USA 4d. Telephone Number: (###)###-#### 803-992-0910 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: ppetitgout@gmail.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 23 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Long Creek Village 1 b. Subdivision name (if appropriate): none 1 c. Nearest municipality/town: * Rural Hall, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6809-96-6493 2b. Property size (in acres): 150 2c. Project Address: Street Address: Mizpah Church Road Address line 2: Click to ente City: Rural Hall State/ Province/ Region: NC Postal/ Zip Code: 27045 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 36.205302 Longitude (-DD.DDDDDD):--80.319172 3. Surface Waters 3a. Name of nearest body of water to proposed project: Muddy Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: httr)s:Hncdenr. mar)s.arcg is.com/apes/webappviewer/index. html?id=6el 25ad7628f494694e259c8Odd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located?` noose aaaluonal (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011302 located: The Find Your HUC map may be found at this link: https:Hncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 23 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 contains timbered land and wooded land. A pond, designated as Paitts Lake, is located on thewestern portion of the site. Several streams are located throughout the site, including Muddy Creekon the western portion. Wetlands are located adjacent to the streams. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The surrounding properties consists of roads, wooded lands and residential development. 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 SAW-2022-00653 Action ID (ex. SAW-0000-00000): 20220896 v1 Attach any pertinent project history documentation 02. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. N/A 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. NCDOT — no geogrid within the right of way — This is the reason for revising the PCN application 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 5.24 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 7,150 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 13.5 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivsion. However, due to NCDOT requiring the removal of geogrid from their rights of way, the permittee is required to re -submit this PCN application due to changes in the impact areas that are required to remove the geogrid from the NCDOT rights of way. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of the Long Creek Village residential subdivision. The residential subdivision will consist of 325 single family residential lots, 59 apartment units and associated amenities. The site will be located on 110 acres and contain 3.5 units per acre with 30.6 built upon acres. The site will contain 6 permanent stormwater ponds. The site will connect to existing sewer infrastructure on the site. Four entrances, two to the residential subdivision and 2 to the apartment complex are required to satisfy development and safety ordinances. Two culverted stream/wetland crossings (one will be a bottomless culvert) are proposed in order to facilitate the proposed development and provide dual access to the residential subdivision. Wetland impacts are proposed to facilitate construction of the roadways, sidewalk and lots. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes ❑x No Page 7 of 23 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. N/A Page 8 of 23 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: The area was delineated by Pilot Environmental in December 2019. 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): ^lirk fn An+a- 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. March 25, 2022 — confirmed by Ms. Samantha Dailey — email concurrence 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. N/A Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. 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) N/A 8. Scheduling of activity: ASAP once all permits are issued. Page 9 of 23 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑x Streams - tributaries 1 a. 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. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Culvert Permanent Bottomland Hardwood Forest DWA Yes Both 0.173 W2 Culvert Permanent Bottomland Hardwood Forest DWC Yes Both 0.140 W3 Fill (Incl. Riprap) Permanent Headwater Forest DWB Yes Both 0.087 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 Mick to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.0 ac 2g2. Total permanent wetland impacts 0.4 ac 2g3. Total wetland impacts 0.4 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Clean Fill; ±200 cubic yards Page 10 of 23 PCN Form Version 4.3- April 20, 2022 2i. Comments: Three wetlands are proposed for impact. Impact #1 (W1 A + W1 B = 7,516 sq ft (0.173-ac)) Bottomless Culvert Fill Impact #2 (W2 = 6,078 sq ft (0.140-ac)) Traditional Culvert Fill Impact #3 (W3 = 3,780 sq ft (0.087-ac)) Lot Fill Page 11 of 23 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 Bottomless Permanent Other DSB Perennial Both 4 146 Culvert Crossing S2 Rip Rap Apron Permanent Fill (Incl. DSB Perennial Both 4 15 Riprap) S3 Coffer Dam Temporary Dewatering DSB Perennial Both 4 5 S4 Coffer Dam Temporary Dewatering DSB Perennial Both 4 20 S5 Traditional Permanent Crossing/ DSD Perennial Choose one 1.5 215 Culvert Culvert Crossing S6 Rip Rap Apron Permanent Fill (Incl. DSD Perennial Choose one 1.5 15 Riprap) S7 Coffer Dam Temporary Dewatering DSD Perennial Choose one 1.5 5 S8 Coffer Dam Temporary Dewatering DSD Perennial Choose one 1.5 15 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 0.0 linear ft impact: 3i2. Total permanent stream 245 LF fill impacts 146 LF shading impact linear ft impacts: 36. Total temporary stream 45 linear ft impacts: 3i4. Total stream and ditch 436 linear ft impacts: Page 12 of 23 PCN Form Version 4.3- April 20, 2022 3j. Comments: S-1 through S-4: Installation of a bottomless culvert (no loss of waters, only shading impact) S-1: 146 LF (584 sq ft (0.013-ac)) bottomless culvert (no loss of waters, shading only) S-2: 15 LF (60 sq ft (0.001-ac)) Class 1 rip -rap keyed in to stream bed elevation (no loss of waters) S-3: 5 LF (7.5 sq ft (0.0002-ac)) Downstream temporary coffer dam S-4: 20 LF (80 sq ft (0.002-ac)) Upstream temporary coffer dam TOTAL IMPACTS BOTTOMLESS CULVET CROSSING: 186 LF (744 sq ft0.017-ac)) Total Permanent Impacts: Shading 146 LF (584 sq ft (0.013-ac)) No Loss of Waters Total Permanent Impacts: Rip Rap 15 LF (60 sq ft (0.001-ac)) No Loss of Waters Total Temporary Impacts: 25 LF (87.5 sq ft (0.0022-ac)) S-5 through S-8: Installation of traditional box culvert S-5: 215 LF (322.5 sq ft (0.007-ac)) box culvert S-6: 15 LF (22.5 sq ft (0.0005-ac)) Class 1 rip rap keyed in to stream bed elevation (no loss of waters) S-7: 5 LF (7.5 sq ft (0.0002-ac)) Downstream temporary coffer dam S-8: 15 LF (22.5 sq ft (0.0005-ac)) Upstream temporary coffer dam TOTAL IMPACTS TRADITIONAL CULVERT CROSSING: 250 LF (375 sq ft (0.009-ac)) Total Permanent Impacts: Culvert 215 LF (322.5 sq ft (0.007-ac)) Total Permanent Impacts: Rip Rap 15 LF (22.5 sq ft (0.0005-ac)) No Loss of Waters Total Temporary Impacts: 25 LF (30 sq ft (0.0007-ac)) Page 13 of 23 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. Site # 4a1. Impact Reason 4b. Impact Duration 4c. Waterbody Name 4d. Activity Type 4e. Waterbody Type 4f. Impact area (ac) 01 ;lick 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 :,lick 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 I 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: N/A 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include ofFline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 choose one Click tc, Click tc 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: N/A 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: N/A Page 14 of 23 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. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 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 ,lick 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 lick 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: N/A Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 15 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to develop the site and provide the required dual access and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, use of headwalls and endwalls and use of retaining walls were used to further reduce impacts to streams and wetlands. Unfortunately, the design called for geogrid to be placed within the NCDOT rights of way, which NCDOT later remarked was unacceptable. Therefore, the design has been altered to remove the geogrid from the rights of way. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. The use of a bottomless culvert for one of the crossings also minimizes the direct impacts to one of the streams (no loss of waters). 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? ❑x DWR ❑x 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: Brushy Mountain Mitigation Bank 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.75 Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: 0.75 Riparian Wetland Credit (acre) was purchased from Restoration Systems as required by the original permit. However, an additional 0.05 credit (acre) needs to be purchased to satisfy the new impacts. Unfortunately, the Brushy Creek Mitigation Bank does not have any additional Riparian Wetlands Credits available. Additionally, there are no other private mitigation banks that have Riparian Wetland Mitigtation Credits The remaining 0.05 Riparian Wetland Credits will be supplied by NC Division of Mitigation Services. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one Page 16 of 23 PCN Form Version 4.3- April 20, 2022 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): 0 square feet 4e. Riparian wetland mitigation requested: 0.4 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: Since Riparian Wetland Mitigation Credits are not available from Restoration Systems at the Brushy Creek Bank Site (and no Riparian Wetland Mitigation Credits are available at any other private mitigation banks, NCDMS has been contacted and will provide the remaining Riparian Wetland Mitigation Credits 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. N/AN/A 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 ❑ 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 :,lick 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 17 of 23 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other 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/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environ mental%20management/subchapter%20h/15a%20ncac%2002 h%20.1003. pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ❑ 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.) ❑x State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs ❑x Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 18 of 23 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. City of Winston Salem, NC State Stormwater Programs I ❑x Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: A SWVIP has been submitted to the City of Winston- Salem for review and approval. Page 19 of 23 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), 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): DICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdo 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? 1 ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into an existing sewer line that is located on the site. The sewer line will be bored beneath Muddy Creek. Additional impacts associated with sewage disposal are not proposed. Page 20 of 23 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: hftps://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ®Yes El No 5g. Does this project involve bridge maintenance or removal? ❑ Yes ❑x 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:Hsaw-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 turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo Page 21 of 23 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 4 listed species are identified on the IPaC report (attached). The Northern long-eared bat, bog turtle, Schweinitz's Sunflower and Monarch butterfly are included by the IPaC as federally listed species identified within the project area. Bat hibernacula is not located on the site. The site contains areas of limited or low quality suitable summer roosting habitat. Similar or higher quality suitable summer roosting habitat was observed on surrounding properties. Percussive activities including blasting or driving piles are not anticipated as a result of construction of the proposed project. Based on a review of the June_ 1_2016 NLEB_HUC12 NLEB shapefiles obtained from the Asheville Ecological Services Field Office website, the 12-digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 75 miles from the site. Based on the distance from known hibernacula and roost trees and the availability of similar suitable habitat on nearby properties, the proposed project is not likely to adversely affect the Northern long-eared bat. Neither the crossing nor the areas proximate to the crossing contain suitable habitat for the remaining species. According to the natural heritage program, documented occurrences of Schweinitz's sunflower are located 12.5 miles and farther from the site. The bog turtle is listed due to similarity of appearance and the Monarch butterfly is a candidate species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: 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://qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office' s HPOWEB 2. 0. Historic properties that are listed or are eligible for listing on the National Register for Historic Places were 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 22 of 23 PCN Form Version 4.3- April 20, 2022 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.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. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FEMA Web Map Service — Drawing 4 ( Attached) H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * S. Paul Petitgout Signature: Date: * 8/28/2023 Page 23 of 23 PCN Form Version 4.3- April 20, 2022 Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 August 28, 2023 US Army Corps of Engineers Regulatory Branch Charlotte Field Office North Carolina Division of Water Resources 401 and Buffer Permitting Branch Winston Salem Field Office RE: Long Creek Village Site Nationwide Permit 29 (NCDWR Certification No. 4256) City of Winston-Salem, Forsyth County, North Carolina Lowrys Environmental & Ecological Services, LLC (LEES) has prepared a permit application for the use of Nationwide Permit 29 (NCDWR Certification No. 4256) in order for the applicant to construct a new residential development. The project area is located at the intersection of N. Main Street and Elm Road in the City of Winston Salem, Forsyth County, North Carolina. The following documents, figures, etc. are provided to aid in your review of the project. Should you have any questions regarding the project, please do not hesitate contacting me. We look forward to working with you on this project. Sincerely yours, S. Paul Petitgout President/Managing Member Attachments TABLE OF CONTENTS Previous 404/401 Permit Application Package (prepared by Pilot Environmental) Original Issued USACE Permit SAW-2022-00653 Original Issued NCDWR Permit 20220896 VI Agent Authorization and Right of Entry Documentation General Location Figures Engineering Figures Mitigation Information PREVIOUS 404/401 PERMIT APPLICATION PACKAGE (prepared by Pilot Environmental) Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220896 Version* 1 Is this project a public transportation project?* Yes No Reviewer List: * Sue Homewood:eads\slhomewood Select Reviewing Office:* Winston-Salem Regional Office - (336) 776-9800 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/19/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information Project Name: Long Creek Village (Mizpah Church Rd) Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Forsyth Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 5462.1_Long Creek Village_PCN_6.30.22.pdf 18.01MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: 7Yt. el� ,��ar�irt�rr Submittal Date: Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - 2022 - 00653 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Mizpah Church Road- Long Creek Village 2. Work Type:✓Private ❑Institutional Government ❑Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The site is an approximate 150-acre tract located off of Mizpah Church Road in Rural Hall, Forsyth County, North Carolina that is proposed for residential development The site contains wooded land and timbered land. 4. Property Owner / Applicant [PCN Form A3 or A41: BHR Land Holdings/Carolina Developement Service: 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental / David Brame 6. Related Action ID Number(s) [PCN Form 135b]: SAW - 2022 - 00653 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Mizpah Church Road in Rural Hall, Forsyth County, North Carolina 36.205437°,-80.320500° 8. Project Location— Tax Parcel ID [PCN Form B 1 a]: 6809-96-6493 9. Project Location — County [PCN Form A2b]: Forsyth County 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Rural Hall 11. Project Information —Nearest Waterbody [PCN Form 132a]: Muddy Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin Pee Dee / 03040101 Authorization: Section 10 ❑ Section 404 U Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 n �4 ` FORTH CAROLINA Enviranmen tat Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.) Date received: [Click to enter.) DWR project no. [Click enter.) Date received: [Click to enter.) Site Coordinates: Latitude (DD.DDDDDD): 36.205302' Longitude (DD.DDDDDD): 80.319172' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deg.nc.govlWaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30. pdf The help document may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. 4/19/2022 DWR ID # Click to enter. Version Click to enter. (If applicable) A. Processing Information County (counties) where project is located: * Guilford Additional (if needed). Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 0 Nationwide Permit (NWP) 1 b. Permit type(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No NWP number(s): NWP 29 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? " For the record only for DWR 401 Certification: " ❑ Yes 0 No For the record only for Corps Permit: " ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? " ❑ Yes 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ® Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes 0 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/Re ug latory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? * Jonathan McCall 1 b. Primary Contact Email: * Jmccall@carolina-development.com 1 c. Primary Contact Phone: * (###)###-#### (704) 774-1964 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner 0 Applicant (other than owner) 1 e. Is there an agent/consultant for this project?' ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * BHR Land Holdings, LLC 2b. Deed Book and Page No.: 003501 - 00374 2c. Responsible Party (for corporations): Ben Russell 2d. Address ' Street Address: 4389 Indian Trail Fairview Road Address line 2: Click to enter. City: Indian Trail State/ Province/ Region: NC Postal/ Zip Code: 28079 Country: United States 2e. Telephone Number: 707-288-7826 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * ben@pinnaclehomesusa.net 3. Applicant Information (if different from owner) 3a. Name: Jonathan McCall 3b. Business Name (if applicable): Carolina Development Services, LLC 3c. Address: Street Address: 2627 Breckenridge Centre Dr Address line 2: Click to enter. City: Monroe State/ Province/ Region: North Carolina Postal/ Zip Code: 28110 Country US 3d. Telephone Number: (###)###-#### 704-774-1964 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Jmccall@carolina-development.com 4. Agent/ Consultant (if applicable) 4a. Name: * David S. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: * (###)###-#### (336) 708-4617 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-Nationwi de-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Long Creek Village 1 b. Subdivision name (if appropriate): none 1 c. Nearest municipality/town: * Rurall Hall, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6809-96-6493 2b. Property size (in acres): 150 2c. Project Address: Street Address: Mizpah Church Road Address line 2: Click to enter. City: Rurall Hall State/ Province/ Region: NC Postal/ Zip Code: 27045 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): * 36.205302' Longitude (-DD.DDDDDD): *-80.319172° 3. Surface Waters 3a. Name of nearest body of water to proposed project: Muddy Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: hops://ncdenr.maps.arcgis.com/apps__ ppviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011302 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains timbered land and wooded land. A pond, designated as Paitts Lake, is located on the western portion of the site. Several streams are located throughout the site, including Muddy Creek on the western portion. Wetlands are located adjacent to the streams. The wetlands are separated from surrounding uplands by topographic, vegetation and/or soil breaks. The surrounding properites consists of roads, wooded lands and residential development. 4b. Have Corps permits or DWR certifications been obtained for this i] Yes X No ❑ Unknown project (including all prior phases) in the past? * 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): [Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/2 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 5.24 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 7,150 linear feet and perennial) on the property: 4g 1. List the total estimated acreage of all existing open waters on the 13.5 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a residential subdivsion. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the proposed construction of the Long Creek Village residential subdivision. The residential subdivision will consist of 325 single family residential lots, 59 apartment units and associated amenities. The site will be located on 110 acres and contain 3.5 units per acre with 30.6 built upon acres. The site will contain 6 permanent stormwater ponds. The site will connect to existing sewer infrastructure on the site. Four entrances, two to the residential subdivision and 2 to the apartment complex are required to satisfy development and safety ordinances. Two culverted stream/wetland crossings are proposed in order to facilitate the proposed development and provide dual access to the residential subdivision. Wetland impacts are proposed to facilitate construction of the roadways, sidewalk and lots. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by Pilot Environmental in December 2019. Name (if known): David Brame/Michael Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: Click to enter. Page 6 of 21 PCN Form - Version 1.5, September 2020 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed Concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2022-00653 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. March 25, 2022 — confirmed by Ms. Samantha Dailey. E-mail concurrence attached 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ® Yes X No 6b. If yes, explain. The site is a proposed single phase development. No additional phases are proposed. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 Streams - tributaries la. 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. 2a 1. 2b. 2c. 2d. 2e. 2f. 2g. Site #" Impact Impact Wetland Name` Wetland Type` Forested Jurisdiction Impact Area Reason/Type` Duration` ?" Type (ac) W1 Culvert Permanent DWA Bottomland Yes Both 0.156 Hardwood Forest W2 Culvert Permanent DWC Bottomland Yes Both 0.130 Hardwood Forest W3 Fill (Incl. Permanent DWA Bottomland Yes Both 0.047 Riprap) Hardwood Forest W4 Fill (Incl. Permanent DWA Bottomland Yes Both 0.078 Riprap) Hardwood Forest W5 Fill (Incl. Permanent DWB Headwater Yes Both 0.0867 Riprap) Forest W6 Choose one temp/ Click to enter Choose one Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.499 ac 2g3. Total wetland impacts 0.499 ac 2h. Comments: Five wetland impacts are proposed. Wetland impact W1 (W1A/W1 B) is for impact associated with the northern entranceway and required bottomless arch culvert and riprap dissipater. Wetland impact W2 is for impact associated with the eastern entranceway and required traditional culvert and riprap dissipater. Wetland impacts W3 and W4 are for impact associated with side slopes to accommodate lots 41, 42 and the cul-de-sac. Wetland impact W5 is for impact associated with the construction of Bearskin Loop roadway and associated sidewalks and lots 191, 209 and 210. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3a. 3b. 3d. 3e. 3f. 3g. 3h. Site #- Impact Reason/ Impact Stream Name Stream Jurisdiction Stream Width Impact length Type Duration Type Type (avg ft) (linear ft) S1 Other Temporary DSB Perennial Both 4 0 S2 Fill (Incl. Riprap) Permanent DSB Perennial Both 4 15 S3 Dewatering Temporary DSB Perennial Both 4 5 S4 Dewatering Temporary DSB Perennial Both 4 20 S5 Crossing/ Culvert Permanent DSD Perennial Both 1.5 202 S6 Fill (Incl. Riprap) Permanent DSD Perennial Both 1.5 15 S7 Dewatering Temporary DSD Perennial Both 1.5 5 S8 Dewatering Temporary DSD Perennial Both 1.5 15 S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/lnt Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/lnt Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 232 linear ft M. Total temporary stream impacts: 45 linear ft 3i4. Total stream and ditch impacts: 277 linear ft 3j. Comments: S1 — Stream location 1 includes installation of a bottomless arch culvert. There will be no permanent or temporary fill associated with installation of the bottomless arch culvert. S2 — Stream location 2 includes 15 LF (60 SF) of fill associated with a riprap dissipater downstream of the bottomless arch culvert. Riprap will be installed flush with the existing stream bed. S3 — Stream location 3 includes 5 LF (20 SF) of temporary fill for coffer dam located downstream of the bottomless arch culvert if needed during installation of the bottomless arch culvert. S4 — Stream location 4 includes 20 LF (80SF) of temporary fill for coffer dam located upstream of the bottomless arch culvert if needed during installation of the bottomless arch culvert. S5 — Stream location 5 includes 202LF (303 SF) of permanent fill for the installation of a traditional culvert, headwalls and endwalls at the eastern crossing. S6 — Stream location 6 includes 15 LF (22.5 SF) of permanent fill with a riprap dissipater downstream of the traditional culvert to be installed flush with the exisiting stream bed. S7 — Stream location 7 includes 5 LF (7.5 SF) of temporary fill for coffer dam located downstream of the traditional culvert. S8 — Stream location 8 includes 15 LF (22.5 SF) of temporary fill for coffer dam located upstream of the traditional culvert. Page 10 of 21 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4el . 4f. Site #* Impact Reason/ Impact Waterbody Name' Waterbody Jurisdiction Impact area (ac)* Type' Duration* Type" Type' 01 Choose one Tempi Click to enter_ Choose one Chooseone Click to enter Perm 02 Choose one Tempi Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Tempi Click to enter_ Choose one Choose one Click to enter. Perm 04 Choose one Temp! Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter-. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click ?o Clic�: to Click to Click to Click to Click to nrite— cnter enlcr enter. enter. enter. enter P2 Choose one Click to Click to Click io Click to Click to Click to Click to enter_ enter. enter. enter_ enter_ enter_ enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter, 5k. Method of construction: Clidr, to ire; . Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.} J Neuse J Tar -Pamlico J Catawba ;J Jordan —1 Goose Creek J Randleman J Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Ternpl Perm Click to enter. YIN Click to enter. Click to enter 62 Choose one Tempi Perm Click to enter. YIN Click to enter. Click to enter. B3 Choose one Temp/ Perm {lick to enter. YIN Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. YIN Click to enter. Click to enter 135 Choose one Temp/ Perm Click to enter. YIN Click to enter. Click to enter 136 Choose one Temp/ Perm Click to enter. YIN Click to enter. Click to enter. B7 Choose one Templ Perm Click to enter. YIN Click to enter Click to enter 138 Choose one Temp/ Perm Click to enter. YIN Click to enter. Click to enter 89 Choose one Temp/ Perm Click to enter_ Y/N Click to enter. Click to enter B10 Choose one Temp/ Perm Click to enter. YIN 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 12 of 21 PCN Farm - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remaining streams and wetlands located on the site. In order to develop the site and provide the required dual access and to construct the project, the proposed impacts could not be avoided. Civil design, such as minimizing the entranceway widths, use of headwalls and endwalls and use of retaining wallswere used to further reduce impacts to streams and wetlands- 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be promptly seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on 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 X Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this N Mitigation Bank project? ` (check all that apply) L-1 In Lieu Fee Program LJ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute 1 43-214A 1 (d1).) 3a. Name of mitigation bank: Brushy Mountatin Mitigation Bank 3b. Credits purchased/requested: Type: Riparian Wetland Quantity 0.499 Type: Choose one Quantity Click tc, enter. Type: Choose one Quantity Clif;k to ,r,ter Attach receipt and/or approval letter. 3c. Comments: A Statement of Availability (SoA) provided by Restoration Systems, LLC is attached. 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 apexlf?p=107:27:2734709611497::NO: RP: P27 BUTTON KEY:O 4d. Buffer mitigation requested {DWR only}: Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter, acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4h. Comments: ❑MS has been contacted and will used to secure wetland mitigation credits should private bank credits not be available at the time of purchase. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enlef. 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 p Yes -x7 No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or p Yes ::1 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 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes N No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (ht(ps://deg.nc..qov/about/divisions/ener.gy-mineral-land-resources/energy-mineral-land-permit- gu ida ncelstormwater-bmp-ma nua I). Associated supplement forms and other documentation must be provided. U 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 LJ 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? ❑ Yes N No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?' ❑ Yes N No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title°Io2015a°Io20-`/`20environmenta1`/`20quality/chapter`/`2002`/020- %20environmental%20managementlsubchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? N Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- N Yes ❑ No approved local government stormwater program? . Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply) * ] State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 21 PCN Form - Version 1.5, September 2020 Z Phase ll �:] USMP Local Government Stormwater Programs J NSW J Water Supply Please identify which local government stormwater program you are using.' City of Winston-Salem x] Phase 14 HQW or ORW State Starmwater Programs J Coastal Counties J Other Comments: A SWMP has been submitted to the City of Winston-Salem for review and approval. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public {federal/state/local} _ 1 Yes Z No funds or the use of public (federal/state) land? " 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ]Yes El No Policy Act (NEPAISEPA)? . 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 J Yes J No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards or Riparian Buffer Rules —1 Yes No (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 Z No downstream water quality? ' 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* I ® Yes J No J N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into an existing sewer line that is located on the site. The sewer line will be bored beneath Muddy Creek. Additional impacts associated with sewage disposal are not proposed. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (I PAC weblink: httt s://www.fws.gov/i/ipac/ jfws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes X No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? ❑ Yes X No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes X No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes ❑ No 5g. Does this project involve bridge maintenance or removal? ` ❑ Yes X No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps. pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes 0 No 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 0 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) 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 4 listed species are identified on the IPaC report (attached). The Northern long-eared bat, bog turtle, Schweinitz's Sunflower and Monarch butterfly are included by the IPaC as federally listed species identified within the project area. Bat hibernacula is not located on the site. The site contains areas of limited or low quality suitable summer roosting habitat. Similar or higher quality suitable summer roosting habitat was observed on surrounding properties. Percussive activities including blasting or driving piles are not anticipated as a result of construction of the proposed project. Based on a review of the June _1_2016_NLEB _HUC12 NLEB shapefiles obtained from the Asheville Ecological Services Field Office website, the 12-digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 75 miles from the site. Based on the distance from known hibernacula and roost trees and the availability of similar suitable habitat on nearby properties, the proposed project is not likely to adversely affect the Northern long-eared bat. Neither the crossing nor the areas proximate to the crossing contain suitable habitat for the remaining species. According to the natural heritage program, documented occurrences of Schweinitz's sunflower are located 12.5 miles and farther from the site. The bog turtle is listed due to similarity of appearance and the Monarch butterfly is a candidate species. Attach consultation documentation. Page 18 of 21 PCN Form - Version 1.5, September 2020 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? U Yes Z No Are there submerged aquatic vegetation (SAV) around the project vicinity? " El Yes 0 Na El Unknown Will this project affect submerged aquatic vegetation? LJ Yes Z No LJ Unknown Explain: Crick u) w-ivei. fib. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data)- 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 preservation status (e.g., National Historic Trust designation or El Yes No properties significant in North Carolina history and archaeology)? 7b. What data sources) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWFB 2.0. Historic properties that are listed or are eligible for listing on the National Register for Historic Places were 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, 8. Flood Zone designation (Corps Requirement) Link to the FEMA F000dplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? " ❑ Yes x7 No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FENIA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature .21 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: 6/30/2022 I� Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for En viron men to/ Services Pilot Proposal5462.1 February 24, 2022 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: rv,-,�Zecz h [-InUrc [.. Q_j . Applicant Information: 1►kTi, -3 Address: uvt D�I1 ✓U Telephone Number Fax Number: E-mail Address: Ci Ci- C ,",jLL\ —chef t • Signatu re Vtu I U Date: 3 -1— 7-§ z L R DocuSign Envelope ID: 8F24AF5B-8852-44D7-9DC5-C1938DFE43DF Proposal for Environmental Services Pilot Proposal5462.1 February 24, 2022 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Mizpah Church Road Winston Salem. NC Owner Information: BHR Land Holdings, LLC Address: 4389 Indian Trail Fairvew Road, Indian Trail, NC 28079 Telephone Number: 704-288-7826 Fax Number: E-mail Address: ben@pinnaclehomesusa.net 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 acting as the duly authorized agent of the owner of record of the property. 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P-2 . 10.037 ac] —. OSC Q 4P 1 Pants Lake 3WA 29.33 (13.5 ac) {0.042 ac] SWA 14-13 {0.002 ac] SWE 1.10 550 SWA 21-23 [0.092 ac] 1100 LFj (0.021 ac) SWA 19.20 [0.003 ar} sWC 1-9 10.025 ac] SWD1-7 10.116 acj FLAG NUMBERS/INFO SSA [50 LF) ❑N'A 19.25 [0 037 acj 11,070 LF} SSC t y 558 [30 LF] DS8 [2, 880 LF] SWA 16.18 SWB 1-18 DWB 1-17 • {0.003 ac] OWA 95.101 [0.152 ac) (0.086 ac] ra.150 ac) DWC 54.57 [0.076 ar} OWC 1-s3 10.652 ar] DSO (1,4Qo IF) H■ LEGEND y Site Bound Stream Wetland '' Pond WETLAND FLAGS = ' 4 WA 5 Flag Numb. STREAM FLAGS = Stream Flags = Limits * " Culvert Wetland Flags = 299 Total Flags = 299 f1 a;; - sf ' oP-1 • Data Point ..erg-. � __ � �'_- ��"• - .� � �!'�• �' _ THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. SAMANTHA DAILEY WITH THE USACE {SAW EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 12.18.19 0 SA 2 {130 LFj ❑SA 1 1260 LFj i QWA 4-18 I0.293 ac] Drawing 5 Wetland Map Satellite imagery from ESRI,; ``•,; Mizpah Church Road and Pilot GP5 Data ;;`t. # Approximate 150-Acre Tract Scale: 1" = 750' - r Rural Hall, Forsyth County, NC Date: 12.20.19 PII..�T k%] Pilot Project 5452 • I. 1 t 9 1 I h y L 0 Y M 1 7Y I A L- N i Jr 0 :j I ff I no lkm .. IWO Q � 1 CAD y' p E� R la •ti 4A1111 ikl��i 1 E; O P 1 W{IU LL r_ 90 }� LEGEND Site Boundary Web Soil Map Drawing 2 � Mizpah Church Road USDA Web Soil Survey tP }, of Forsyth County, NC Approximate 150-Acre Tract Rural Hall, Forsyth County, NC Scale: 1 = 1,000 P1�k,04Pilot Project 5462 IILM I N1AI. INC Drawing 2A Published Soil Map USDA Soil Survey ,',i ,f Mizpah Church Road Of Forsyth County, NC ti I Approximate 150-Acre Tract Published 1976, Sheet 9 J Rural Hall, Forsyth County, NC Not To Scale PILOTPilot Project 5462 f tilCf I%Y a,-9-IM I PO A I. - NE "I\ W a", LEGEND Site Boundary Freshwater Emergent i Freshwater Forested/Shrub >_ Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake � Rirrerine - ❑t}It'r ir>t NWI Map Drawing 3 Mizpah Church Road USFWS NWI Wetlands Mapper " ' Approximate 150-Acre Tract Scale: 1" = 1,000' Rural Mall, Forsyth County, NC Pilot Project 5462 I ILOi 1!•Y iOrIMIM1Al. AMC, 'PANE 71 D62/2 122 �P �Z_00!�'J AV r D rawi ng 4 psi.. 3, F4/ r, -4u'+ Wril� sV %"I etf. '1;'2;'2("0:) _,"dl W r LEGEND Site Boundary 1 %Annual Chance Flom Hazard ! Regulators Floodwayr e Sped al Flood" Area of U ndeterm ined Flood Hazard 0.2%Annual Chance Flood Hazard Fifure Conditions 10/.Annual Chance Flood Hazard Area with Reduced Risk Due to Levee FEMA FIRM National Flood Hazard Layer j . Mizpah Church Road From FEMA Web Map Service Approximate 150-Acre Tract Scale: 1" = 1 000' �,, r: Rural Hall, Forsyth County, NC f ' PIWT Pilot Project 5452 PiLat INV. 2OMM11111Ar.41+C M (770 LF} SWF 1.13/ SSE 33-47 (120 LF) (1.684 ac) SSG - SWF 14-32 _ (315 LFI (0.453 ac) SW7'' 1_g DWA 81.85 Muddy (0.096 acj (0.011 at] DWA 72.80 DWA 53.711 DWA 33-52 DWA 27-32 Creek 10,106 ac] (0.687 ac] 10.347 ac} (0.030 ac) SWA 10-13f 1 24.38 4 P-2 (0.037 at) DSC ❑ DP-1 SSA (50 LF) ❑Vl'A 19.2fi � (0 037 acj Paitts Lake SWA 29.33 (1,070 LF) (13.5 ac) (0.042 at) (50 LF} SWA 14-15 (D.oa2 ac} ssB (30 LF} DSB (2,890 LF) SWE 1.10 SSD SWA 21-23 (0.092 ac) (100 LF) (0.021 ac) SWA 19-20 (0.003 acj SWA 16-18 SWB 1-18 DWB 1-17 SWC 1.9 (0.003 ac) (0.152 ac} DWA 85.101 (0.025 ac) {0.08fi ac} i0.150 atj DWC 54-57 SWD 1-7 (0.075ac) `0.6 1.5 52 at (0,116 ac) DS❑ (1,400 LF) W ❑SA 2 (130 LF) 7 _ _ ❑SA 1 (260 LF) 1 DWA 4.18 (0.293 at) rr ' LEGEND � r Site Boundary Stream Wetland FLAG NUMBERS/INFO - Pond WETLAND FLAGS = STREAM FLAGS = wa 1 s Flag Number Stream Flags = Limits • Culvert Wetland Flags = 299 - �z r • - Total Flags = 299 - 'Y DP-1 Data Paint HE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. SAMANTHA DAILEY WITH THE USACE (SAW-2022-00653). THIS EXHIBIT INCLUDES GPS LOCATIONS OF ❑ELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 12.18.19. _Abililliff, 7 Drawing 5 Wetland Map Satellite Imagery from ESRI Mizpah Church Road and Pilot GP5 Data X' Approximate 150-Acre Tract Scale: 1" = 750' # ' f Rural Hall, Forsyth County, NC Date: 12.20.19 PT M n L. , r+ Pilot Project 5462 JIf'y} k IRk7'Rl'N'p FF. N C United States Department of the Interior 7 .;/ s, ?, FISH AND WILDLIFE SERVICE 'Octr 3''A 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 17, 2022 Project Code: 2022-0055608 Project Name: Long Creek Village 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 06/17/2022 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 BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BABE can be found at the following web link: httDS://www. fws. Gov/off ice/a slieville-ecological-services/ashe ville-field-off ice-online-review- 1141I .S-MO era _WPAraTA If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. 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- handhonk. 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/migratoU-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 06/17/2022 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 he 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 06/17/2022 Project Summary Pr❑ject Code: 2022-0055608 Event Code: None Project Name: Long Creek Village Project Type: Residential Construction Project Description: The site is an approximate 156 acre tract that is being considered for residential development. Project Location: Approximate location of the project can be viewed in Google Maps: https:ll www.google.com/maps/(a736.2054687,-80.32430593638288,14z f9� Counties: Forsyth County, North Carolina 06/17/2022 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries, 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. NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:llecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle GIyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:llecos.fws.gov/ecp/species/6962 Insects NA N* STATUS Monarch Butterfly Donaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:llecos.fws.gov/ecp/species/9743 06/17/2022 4 Flowering Plants NAME STATUS Schweinitz's Sunflower HeIianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Ilecos,fws,govlecpisaecies13849 Critical habitats THERE ARE N❑ CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/17/2022 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. 06/17/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act'' and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds 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) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haltaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alas ka. htt s:llecos. fws. ovlec Is p ecies19399 06/17/2022 BREEDING NAME SEASON Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC} throughout its range in the continental USA to Jul 20 and Alaska. https:l/e cos, fws, govle cpls n e c i e s129 74 Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 This is a Bird of Conservation Concern {BCC} throughout its range in the continental USA to Aug 20 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern ($CC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC} throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (SCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 'this is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence [+) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 06/17/2022 3 How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on weer 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable U probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Black-bilied Cuckoo + I I+ I+ I I I I tttt tftt ! 1] 1 k I I i f i I I I i I I I 11 I TT I I T Cuckoo 06/17/2022 4 BCC Rangewide (CON) Cerulean Warbler I I I I t I t I I I I I I I I Ott BCC Rangewide t+ ttt + +t (CON) Eastern Whip -poor - will T J�� ++++ + 1 11 f t t1 I I I I T BCC Rangewide (CON) Kentucky Warbler BCC Rangewide j (CON) Praire Warbler 1Rangewide BCC ++++ ++++ ++++ *0 111 (CON) Prothonotary I- I t t-H � t t I! [ I I I I Warbler T T BCC Rangewide (CON) Red-headed . .1 Woodpecker IT� � 11 i f l T f I I I� I BCC Rangewide (CON) ! I I E I I- I I I I I I+++++ ++++ ++++ 11 1 111 1 1 1 I l I I 111 14 ++++ ++++ ! I 1 f I� I I I I�+++ + r +T ++++ H 1+ I- 4--I--14 +++T T++ I 1 I-+l ++++ 1J -I-+ I I I E 1 i I I I I I I I I I I 'M +0001+0+ Rusty Blackbird I f 1 I I I 1 I I I I I BCC -BCR I I I 14++ ++++ + i 1 1 ++++ ++++ ++++ so++ ++1+ Thrush BCC Rangewide ++++ ++++ ++++ +l!! 11 I I 1 1111 I � I l 1 1 1 I I I I I 11 11 1 I f 1 1 1 1 E BCC (CON) Additional information can be found using the following links: ■ Birds of Conservation Concern https://WWW.fWS.gov/VrWraM/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/libou/ collections/avoidin c!-and-minimizing-inciden tal-take-miv-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures .pd f 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 06/17/2022 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 migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified Iocation? 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, migrating or present year-round in my project 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 refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. 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); 06/17/2022 2. "BCC - SCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughouz 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 Loring. 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, 06/17/2022 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. 06/17/2022 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 • Riverine FRESHWATER FORESTED/SHRUB WETLAND • Palustrine 06/17/2022 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 E rastu s E - Speas H °use jGane) • John William Kapp Farm • Q'-nM&=Q` DanlEI Speas H Ouse Edmund Eu Ice THhoMa and and tiara and Anna thers �. Crutchfield S-pus4ir Rohertand a �p�tn gp #I111s'} 1r 'on �iti'BShCC[I'f�n'19°�R 1' Raleigh 10 shington Henry Herman a r et.a) KLn VAller H ou se M orris Shous- e1 4 se Bethanis-Rural S "Ott-ho mas* A}dea� ` Hall Road as ing n' nd Katle HI�taric District ViNism M awo an4 Lee HatCher H ouse Alta WLash House Ervin House Wash ington-Emn William and House Norman Esther Allen and "ramie Douthit House 0 625 '`M" `e 2,600 Feet I 1 AlsoauohrShouW I I I I House John H- and Source- Esri, DigitalGlob e, GeoEye, E ad Sal lie Alspaugh Geagraphics, CNESiAirbusDS, USDA, I Can rad House Getmapping, Aer°grid, IGN, IGP, swssk GIS. user Community, Esri, HE RE, DeLo Mapmylndia, J 0pen Streetld a cuntribu am rat S a Eli Legend = Site Bounda-y NCHPOpoints I* {all other values Status, LocalStat, HDstatus i PJational Register individual listing NR and Local Landmark • NR Listing, Gone M NR and Landmark, Gone �r NR Historic District center point -" Study List individual entry 01 SL and Landmark ■ SL entry, Gone 0 SL and Landmark, Gone * SL Historic District center point A SL and DOE ►� SL, DOE, and Landmark ■ SL and DOE, Gone V SL, DOE, Landmark, Gone • SL and DOE Historic District center point • Determined Eligible - DOE ■ DOE and Landmark ■ DOE, Gone E DOE, Landmark, Gone DOE Historic District center point Surveyed Only Surveyed, Local Landmark Surveyed in NRHD 71 Surveyed, Landmark, in NRHD • Surveyed, Gone • Surveyed in NRHD, Gone ;ol Surveyed Landmark, Gone ;-3 Surveyed, Landmark, NRHD, Gone # Blockface } Blockface in I'JRHD * SurveyedArea center point SurveyedArea center paint in NRHD it Local Historic Distric center paint NCHPO_NR_SL_DO E_Bou n dari es S TATU S NR NRD fammmal SL 1Z3SLDOE M DOE am M 16 w w I Local _ District —Boundaries David Brame From: Heather LaGarnba Sent: Tuesday, April 19, 2022 4:11 PM To: Homewood, Sue; Montalva, Sheri A Subject: Pre -File Notice - tong Creek Village (Mizpah Church Rd - 5462.1) Sue/Sherri, We would like to submit a Pre -filing Notice for the following project - Project Name: Lang Creek Village (Mizpah Church Rd - 5462.1) Project Owner: Carolina Development Services Project Owner's Address: 2627 Brekenridge Centre Drive, Monroe, North Carolina 28110 Project County: Forsyth Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Sincerely, Heather LaGarinba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersviile, NC 27285 W W W.,l ilotnnviro.com hlagamba@, ; iIatenv:•:.corn Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 Statement of Mitigation Credit Availability Brushy Mountain Mitigation Bank June 27, 2022, 2022 Army Corps of Engineers Re: Availability of Compensatory Wetland Credits Project: Long Creek Village Project Location: Minapah Church Road, Winston-Salem, Forsyth County, NC -Yadkin 03040101 Permittee: Mr. Johnathan McCall Carolina Development Services, LLC 2627 Brekonridge Centre Drive Monroe, North Carolina 28110 This document confirms that 1 Wetland Credits [Credits] from the Brushy Mountain Mitigation Bank (Bank) are currently available and 0 or a portion may be used, once transferred, for compensatory mitigation relative to the Long Creek Village project. The Applicant may ultimately purchase the Credits, if they are available, following Permit issuance. Should the Applicant purchase the Credits at that time, we will complete and execute the Mitigation Credit Transfer Certificate (Certificate) within five (5) days of receipt of the full purchase price. We will additionally provide copies of the completed and executed Certificate to the Applicant, the Division of Water Resources (DWR) and, if needed, other regulatory agencies. In addition, we will provide DWR with an updated copy of the BanWs Ledger, reflecting the transaction. Transaction information in the updated Bank Ledger will include relevant Permit and Applicant information as well as the number and resource type of the debited Credits. Should your office have any questions, please contact me at 919.334.9118. Sincerely, BARRETT JENKINS Restoration Systems, LLC bjenkins@restorationsysterns.com ORIGINAL ISSUED USAGE PERMIT SAW-2022-00653 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00653 County: Forsyth U.S.G.S. Quad: NC -Rural Hall GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Carolina Development Services, LLC Jonathan McCall Address: 2627 Breckenridge Centre Drive Monroe, North Carolina 28110 Telephone Number: (704) 774-1964 E-mail: imccall(&carolina-development.com Size (acres) 150 Nearest Town Rural Hall Nearest Waterway Muddy Creek River Basin Yadkin USGS HUC 03040101 Coordinates Latitude: 36.205437 Longitude:-80.3205 Location description: The project area is identified as an approximate 150-acre tract of land located on Forsyth County, North Carolina Parcel 6809966493. This parcel is located west of the intersection of Bethania Rural Hall Road and Mimah Church Road, in Rural Hall, Forsyth County, North Carolina. Work in waters of the United States (U.S.) will occur within the headwaters of Muddy Creek, a direct tributary of the Yadkin River (8-di0t HUC: 03040101). Description of projects area and activity: The applicant, Carolina Development Services, LLC, has requested a department of the Armv authorization to discharge fill material into waters of the U.S. in coniunction with the construction of the Long Creek Village residential development. Proiect activity will involve the construction single and multi-familv residential lots along with associated infrastructure and amenities. Implementation of the proposed project will permanently impact 0.374 acre of wetland and 202 linear feet (0.007 acre) of stream channel, and temporarily impact 45 linear feet of stream channel. Proiect activity will also involve the placement of a riprap dissipator along 15 linear feet of stream channel. Upon proiect completion, all temporarily disturbed areas would be returned to their pre -disturbed elevations and contours. The proposed proiect activity will also involve the installation of a bottomless arched culvert which would result in indirect impacts to 87 linear feet (0.08 acre); including 15 linear feet of riprap. This impact is not considered a loss. Compensatory mitigation is required at a minimum of 1:1 mitigation to impact ratio for all wetland losses that exceed 1/10- acre. Therefore, the applicant has proposed to purchase 0.75 wetland mitigation units from Restoration Systems, LLC's RS Yadkin 01 UMBI, Brushy Mountain Mitigation Bank, to offset the loss of aquatic function to 0.374 acre of wetland. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 29 (residential developments) SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 6/30/2022, and the enclosed plans dated 9/8/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at (919) 554-4884, EXT. 22or Samantha.J.Dailcvnusace.armv.mil. Corps Regulatory Official: Ia4l� P� Date: 10/06/2022 Expiration Date of Verification: 3/14/2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at hM2:HcoKpsmapu.usace.ariny.mil/cm apex/f?p=l36:4:0 Copy furnished: Agent: Pilot Environmental, Inc. David Brame Address: 743 Park Lawn Court Kernersville, North Carolina 27284 Telephone Number: (336) 708-4617 E-mail: dbrame( )pilotenviro.com Property Owner: BHR Land Holdinp_s, LLC Ben Russell Address: 4389 Indian Trail Fairview Road Indian Trail, North Carolina 28079 Telephone Number: (707) 288-7826 E-mail: benAyinnaclehomcusa.net SAW-2022-00653 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2022-00653 County: Forsyth Permittee: Carolina Development Services, LLC Project Name: Lone Creek Village Date Verification Issued: 10/06/2022 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Samantha Dailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or Samantha.J.Dailey@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Carolina Development Services, LLC Project Name: Long Creek Village Action ID: SAW-2022-00653 County: Forsyth Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040101, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) RiparianRiverine Warm Cool Cold Riparian Non-Riverine Non -Riparian Coastal 0.374 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040101, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Riparian Riparian Non - Warm Cool Cold Non -Riparian Coastal Riverine Riverine 0.75 Mitigation Site Debited: Restoration Systems, LLC's RS Yadkin 01 UMBI, Brushy Fork Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Version 10 June 2020 updated CESAW-RG (File Number, SAW-2022-00653) Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Restoration Systems, LLC, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 6/27/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: I) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (or by email to SAWMIT(a usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Samantha Dailey USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: Samantha.J.Dailey@usace.army.mil Saotl Z�11 10/06/2022 USACE Project ManagVr Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army."l ew 6L090 ON 'TV61 NVIONI zzzrzaa (tsU smez om uei eai O21 M31A8IV3 11b211 NVIONI 68£b _ _ 0 „.any a,,e,.en nE�oz 011 `SJNIOIOH ONVl 21H8 ELSO-� k 35N3�I1 W?Jd ON 'W3lVS-NOISNIM 'OV02i HON(WO HVdZIGV S1OVdWl ONV713M 1IVLGAO 9 N 1833 N 19 N3 3I9tl3 3OVIIIA N33NO ONOI U090 ON 'II VNI N VIONI zaaraa e(os e smez om ,i yaw O21 M31A8IV3 11b211 NVIONI 68£b _ „.any a,,e,.en nE�oz OII 'SJNIOIOH ONVI NH8 ELSO-� k35N3�11 W?Jlj r L ON'IN"oNnHo Hv IAAizi 1213A 1(lO SS3lW0iios oN 'OV02i H;J21(IHO HVdZIGV 3AIaO 33(1183JOI1l 9 N1833 N 19 N3 3I9tl3 30VIIIA N3321O .9NOl 111�IIA1 ��1 �� !:Iii1:11:1:i1aaalaiaalai; '','�Illlllljllljl�l MINE ! ili�i !'' il�ll�l��l�ll�l��l�ll�l�ll�l�l�ll�l��l�ll�l��l�ll�l� i Ii '11111 11 'rtl1pll�r^IlI�I���II�I���I�IId�j1�111��1�1�I��1�1���1I�1�j1�11d����1111� um m I�I�iil�lll�l�'1�111 !�i�i�ii1�11����411�N1111N.III1�1111 �j�j�j��1�lY�m��11 ■�■�■�■ 111l 1�1111°i "!■=11-! 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BISER Secretary RICHAM E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 3, 2022 DWR # 20220896 Forsyth County Carolina Development Services LLC Attn: Mr. Jonathan McCall 2627 Breckenridge Center Dr Monroe NC 28110 Delivered via email to: Jmccall@carolina-development.com Subject: Approval of Individual 401 Water Quality Certification Long Creek Village Residential Development Dear Mr. McCall: Attached hereto is a copy of Certification No. WQC005221 issued to Mr. Jonathan McCall and Carolina Development Services LLC, dated October 3, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CPAO.IN.4 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 2 of 12 respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Winston-Salem Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Winston-Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 3 of 12 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, ED�'ocuSiiggned 1by, l�Vn. �JM0.Ct 145849E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Electronic cc: David Brame, Pilot Environmental Inc. Samantha Dailey, USACE Raleigh Regulatory Field Office Olivia Munzer, NCWRC Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CARO,INA 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 4 of 12 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION # WQC005221 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 0213.0200, to Mr. Jonathan McCall and Carolina Development Services LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 5, 2022 and subsequent information on July 27, 2022, September 12, 2022 and September 30, 2022, and by Public Notice issued by the Division on July 5, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Strea m Site S1-S3 — shading from bottomless arch culvert 87 (linear feet) 25 (linear feet) Site S4-S3 —culvert -riprap apron* 202 (linear feet) 15 (linear feet) 20 (linear feet) 404/401 Wetlands Site W-1A 0.047 (acres) 0 (acres) Site W-113 0.110 (acres) 0 (acres) Site W-2 0.130 (acres) 0 (acres) Site W-3 0.087 (acres) 0 (acres) *Mitigation not required This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Restoration Services LLC sponsored Brushy Mountain Mitigation Bank (Mitigation Bank) to meet this mitigation requirement. Until the Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Mitigation Bank to meet the following compensatory mitigation requirement North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 5 of 12 Compensatory Mitigation River and Sub -basin Required Number Wetland 0.374 (acres) Yadkin River 03040101 Citation: 15A NCAC 02H .0506(c), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 2. The Permittee shall secure an approved stormwater management plan (SMP) from the City of Winston-Salem / Forsyth County before any impacts authorized in this certification occur. Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. Citation: 15A NCAC 02H .0506(b)(2), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. The permittee shall report to the DWR Winston Salem Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 6 of 12 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 7. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 7 of 12 deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 9. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 8 of 12 10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 9 of 12 bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the North Carolina Department of Environmental Quality I Division of Water Resources le�D E QiQ� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROLINA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 10 of 12 palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 11 of 12 deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 19. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 DocuSign Envelope ID: AB5AADC8-9DB8-4825-8B62-5027B7AE0328 Carolina Development Services LLC DWR#20220896 Individual Certification #WQC005221 Page 12 of 12 20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 3Ld day of October 2022 ED�ocuSiigggned /by: (�I/n. JM0.Ct' 145B49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROL I NA i 336.776.9800 AGENT AUTHORIZATION AND RIGHT OF ENTRY DOCUMENTATION AGENT AUTHORIZATION FORM PROJECT NAME: Long Creek Village PARCEL ID: 6809-96-6493 PROJECT STREET ADDRESS: Mizpah Church Road, Winston Salem, Forsyth County, NC PROPERTY OWNER(S): Carolina Development Services, LLC PROPERTY OWNER'S ADDRESS: 2627 Brekonridge Centre Drive Monroe, NC 28110 PHONE: 704-238-1229 The undersigned, registered property owners) of the above noted property, do liereby autliorize S. Paul Petitgout, of Lowrvs Environmental & Ecological Services, LL a (Contractor / Agent) (Name of consulting firm) to act on my belialf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attaclied. By signing below, I autliorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR)- to enter upon the property herein described (accompanied by the autliorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly autliorized owner of record of the property identified herein. I liereby certify the above information submitted in thisjurisdictional determination/application is true and accurate to the best of our knowledge. , �t tit AUTHORIZED SIGNATURE: DATE: 4/6/23 GENERAL LOCATION FIGURES Feet �. 1 inch equals 2,000 feet - -- � LEGEND � Source: USGS Rural Hall, NC Topo Disclaimer: The information depicted on this figure is for � � i � Site Boundary informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. - ' .. `+• •; e 7 �� Mizpah Church Road Site Lowrys Environmental 8� Rural Hall, Forsyth County, North Carolina USGS 1:24,000 Topographic Map Ecological Services, LLC Drawn By: SPP Date: 7-23-23 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:24,000 Sheet: 1 803-992-0910 Original Graphics by Pilot Environmental, Inc. fib � r • u�. o .lam Q Mizpah Church Road Site ±150-acres CAD QW, wT: a�xxJ 9 uu4:+ ' TTT Mizpah Church Road Site 0 500 1,000 Feet- 1 inch equals 1,000 feet LEGEND Source: USDA NRCS Web Soil Survey Disclaimer: The information depicted on this figure is for _ Site Boundary informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Mizpah Church Road Site Lowrys Environmental 8� Rural Hall, Forsyth County, North Carolina USDA NRCS Soil Survey Map (Web Soil Survey) Ecological Services, LLC Drawn By: SPP Date: 7-23-23 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:12,000 Sheet: 2a 803-992-0910 Original Graphics by Pilot Environmental, Inc. Apr- Mizpah Church Road Site ±150-acres m� 6, --�--f �t• LEGEND Mizah Church Road Site Site Boundary p ! Freshwater Emergent o soo 1,000 ! Freshwater Forested/Shrub ik ! Estuarine and Marine Deepwater Feet ••r ! Estuarine and Marine 1 inch equals 1,000 feet _ _ •� ' ! Freshwater Pond Source: USFWS Wetlands Mapper i Lake d Disclaimer: The information depicted on this figure is for Riverine informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. !Other Mizpah Church Road Site Lowrys Environmental 8� Rural Hall, Forsyth County, North Carolina USFWS National Wetlands Inventory Map Ecological Services, LLC Drawn By: SPP Date: 7-23-23 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:12,000 Sheet: 3 803-992-0910 PANEL 3710680900J e ff. 1 1`212 009 Disclaimer: The information depicted on thisared f is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Mizpah Church Road Site Rural Hall, Forsyth County, North Carolina FEMA National Flood Hazard Layer Map Drawn By: SPP Date: 7-23-23 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 4 LEGEND Site Boundary 1 %Annual Chance Flood Hazard Regulatory Floodwary Sped all FI oodvay Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard OF tiure Conditions 1 V.Annual Chance Flood Hazard WreawithReduced Rid Due to Levee Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 Original Graphics by Pilot Environmental, Inc. y�. � �tt,:pfp�• nn•.,�s� � � .max• �� = .�• - - - :. Lil k L FLAG NUMBERS/INFO WETLAND FLAGS = STREAM FLAGS = was-s Flag Number Stream Flags = Limits �■ Culvert Wetland Flags = 299 _ Total Flags = 299 - Qn-i Data Point HE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. SAMANTHA DAILEY WITH THE USACE (SAW-2022-00653). TH XHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNELON 12.18.19. Mizpah Church Road Site Lowrys Environmental 8� Rural Hall, Forsyth County, North Carolina Wetlands Map Ecological Services, LLC Drawn By: SPP Date: 7-23-23 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: Not to Scale Sheet: 5 803-992-0910 ENGINEERING FIGURES U090 ON 'TV61 NVIONI zzzrzaa (000 > fiLOaZ �N lied ue�ul � O 021 M3IA8IV3 11b211 NVIONI 68£b eaw ee,,e een�oz Z�c�� 011`SJNIOIOHONVl NHB O ELaO k35N3�11 W?Jlj C ti , !� ON 'W3lVS-NOISNIM a � 'OV02i HO21(IHO HVdZIGV S1OVdWl ONV713M 11b213A0 9 N 1833 N 1919 N3 319 tl3 3`JVlll/1 N33NO `JNOI V— co LL U- m W E- W Q LL In W ' °°j6�"""" 0 6209ZON `IIVal NVIONI - - zzzrzae(wd WOJ, Oa M31AaIV3 IMVal NVIONI 68£b a,llad a,,e,.en�oz Z o OII 'S°ONIOIOH ONVI 8H8 W i i ON 'W3lVS-NOISNIM la3A100 SS31W01108 a - 'OVOa HONnHO HVdZIGV 3A11033(1183°OOI6 ONIU]NION] 119VI - - 39VIIIA N33a'O ONO m 2 - I ��w / I e oep ,i �'I�IeI ��ey wl a� I�IwI ci °1 zl , � I III w II II I � / w / �Fp a a / i� gyp_ I j a H a €w U090 ON 'TV61 NVIONI zzzrzaa (000 > fiLOaZ �N lied ue�ul � O ON M31A8IV3 11b211 NVIONI 68£b aceaw ee,,e een�oz Z�� Oll `SJNIOIOH ONVl aNB nl eo-� sasN30n waia S F mow, W i i ON 'W3lVS-NOISNIM la3A mo dVO j a � 'OVOa HOa(INO NVdZIGV NOISN31X3 OVOa 1H133A 9 N 1833 N 19 N3 319tl3 3OVIIIII N33aO ONOI J F— O X w 0 Q w I I wl wl wl n4 U II I I I I ff U090 ON 'TVN1 NVIONI O zzzrzaa (000 > fiLOaZ �N lied ue�ul � � J.i yw :.amv-ice ON M31A8IV3 11b211 NVIONI 68£b aceaw ee,,e een�oz Z�� - Oll `SJNIOIOH ONVl aHB M eo-� sasN3�n wwjaia� S F mow, W i i ON 'W3lVS-NOISNIM S1181HX3 a � 'OVOa HOa(IHO HVdZIGV lOVdWI ONVl13M 9 N1833 N 19 N3 319VI 3OVIIIII N33aO ONOI MITIGATION INFORMATION ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Johnathan McCall Carolina Development Services, LLC 2649 Breckonridge Centre Drive Monroe, NC 28110 Project: Long Creek Village NORTH CAROLINA Environmental Quality August 10, 2023 Expiration of Acceptance: 2/11/2024 County: Forsyth The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040101 Riparian Wetland 0.40 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Av�t�u� FOR James. B Stanfill Deputy Director cc: Paul Petitgout, agent North Caraltna Department of Environmental Quality I Division of Mitigation Services �Aw 217 West Jones Street l 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 oeoaiunen�mEmsrommeri n 919,707.8976 U.S. ARMY CORPS OF ENGINEERS Wilmington District Coll, vellsatory N its ation Responsibil4i Transfer Farm Permittee: Carolina Development Services, LLC Project Name: Long Creek Village Action ID: SAW-2022-00653 County: Forsyth instructions to Permit tee: The Pennittee trutst provide a copy ur this lisrnt to the Mitigation Spomor, either an approved Mitigation [lank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign cite ['orm to verity the transfer of the mitigation responsibility. Once the; Sponsur has signed this form, it is the Perinittec's respunsihility to ensure that Wilmingioil District Pr❑jcct Marr:tgcr identilicd on page two is in receipt ofa signed copy ol'this 11onn before candue:titig authorized impacts, unless otherwise specified below. II' Mort than tine Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation �ki11 occur in more than one R-digit Ilytlrologic: Unit Code (HUC:), multiple Forms will be attached to the permit. and the separate forms for each Sponsor andlor 110U must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor vertrIC; that the nnhgation requirements (credits) shown below have been released and ,are available at the identified Etc. By signing below, the Sponsor is accepting, full responsibility Inr the identified mitigation, regardless ❑I"whether tlicy hove received payment from the f'enrrittee. Once the limn is signed. the Sponsor must update the bank ledger and provide n copy oi'the signets furtn and the updated ledger to the PermtMe. the Project Manager who issued the permit, the Hank Project Manager, and the District Mitigation C]ffice (see contact information on page 2). The Sponsor must also comply with all reporting, requiwnrettts established in their authorizing instrument. Permitted impacts and Compensatory Mitigation Requirements: Permitted Impacts Stream Im Wann uiring Witi ation* 8-digit HUC and Basin: 03040101, Yadkin River Basin linear Ceet) Wetland Irnoacts (acresI Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian TCoastl 0.374 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. ipensatcrry N11ti atdon Require S-di It HUC and Basin: 03040101. Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation credits. Warm Cool Cold Riparian Riparian Non- Non -Riparian Coastal Riverine Riverine 0.75 Mitigation Site Debited: Restoration Systems. LLC's RS Yadkin 01 UMBI Mushy Fork Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of litigation Mabilily Acceptance: 1, the undemiglicd, verify that I am authorized to approvC mitigutitin transactions lior the Mitigation sponsor shown below, and I t:crtil'y that the Sponsor agrees to accept lull responsibility tin' providing the rnitigatian identifictl in this document (see the table nbove), associate[l with the USAU Pennitice and :lctian iI) number sho;vn. I also verily that releascol urvdits (and/or advance credits for NC I)MS), as approved by the Wilmington Districl. ttrc currently availahlc at the mitigation site identified al�avc. Further, I understand that irtile Sponsor fail. to provide lire required cttmpcosat❑ry Mitigation, the USACE Wilmington District Engineer tnay pursue nteasures agaitrst the Sponsor to cnsurc eomphancc associated with the mitigation requirements. Mitigation Sponsor Name: Restoration S stems, LLC (� Name of Sponsor's A1korized Representative: o �,L r(y er t /— 2 r resentatevc Date of Sienature Page] oft t onn Version 10 June 2020updared