20231707 Ver 1_7849.2_US Hwy 158_PCN_12.8.23_20231208

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2023-00709 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: US Highway 158/Townes At Bermuda Run
2. Work Type: VPrivate ❑Institutional ❑Government ❑Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Attached
4. Property Owner / Applicant [PCN Form A3 or A41: Attached
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Brad Luckey/Pilot Environmental, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]:
US Highway 158
35.998181 °/-80.4427530
8. Project Location —Tax Parcel ID [PCN Form Bla]: 5872313806, 5872302996 and 5872218873
9. Project Location — County [PCN Form A2b]: Davie
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Bermuda Run
11. Project Information — Nearest Waterbody [PCN Form 132a]: Smith Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Yadkin/03040101
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
❑✓ Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
US Highway 158
2b.
County:
Davie
2c.
Nearest municipality / town:
Advance
2d.
Subdivision name:
The Townes at Bermuda Run
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Teresa Smithshor
3b.
Deed Book and Page No.
0529/0939
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
117 Commonwealth Ct.
3e.
City, state, zip:
Lexington, SC 29073-8063
3f.
Telephone no.:
8043-609-3468
3g.
Fax no.:
3h.
Email address:
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Developer
4b.
Name:
Paul Milam
4c.
Business name
(if applicable):
Henson Reality, LLC
4d.
Street address:
23 Khaki Place
4e.
City, state, zip:
Chapel Hill, NC 27516
4f.
Telephone no.:
336-707-9799
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Bradley Luckey
5b.
Business name
(if applicable):
Pilot Environmental, Inc.
5c.
Street address:
PO Box 128
5d.
City, state, zip:
Kernersville, NC 27285
5e.
Telephone no.:
336.708.4997
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 13
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
5872313806, 5872302996 and 5872218873
1 b. Site coordinates (in decimal degrees):
Latitude: 35.99818 Longitude: - 80.44275
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
52 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Smith Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Structures are not located on the site. The site contains undeveloped wooded land. The site is located within a mixed use
area of Advance, Davie County, North Carolina
3b. List the total estimated acreage of all existing wetlands on the property:
Wetland=4.06 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Stream=2,290 LF, Open Water Pond=1.56 Ac
3d. Explain the purpose of the proposed project:
The purpose of the project is to develop the site with the Townes of Bermuda Run, a townhome residential subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The purpose of the project is to develop the site with the Towns of Bermuda Run, a 179 unit townhome residential
community. In order to provide access and provide utilities to the site, it is necessary to have impacts to open water
pond, stream and wetlands. Clearing and grading the site is necessary. Graders, haulers, excavators and other heavy
equipment will be used during site construction..
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments: SAW-2023-00709
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ❑Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): David Brame
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD pending, DC Email Dated 5.1.23
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed
project.
Page 4 of 13
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version

2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P)
(if known)
DWQ — non-404, other)
(acres)
or Temporary
T
W1 ®P ❑ T
Road
Bottomland
® Yes
® Corps
0.046/0.008
Crossing/Indirect
Hardwoods
❑ No
❑ DWQ
W2 ❑ P ®T
Sewer
Bottomland
® Yes
® Corps
0.0026
Hardwoods
❑ No
❑ DWQ
W3 ®P ❑ T
Road Crossing
Bottomland
Hardwoods
® Yes
❑ No
® Corps
❑ DWQ
0.009
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.055/0.0026/0.008
2h. Comments: Wetland Impact 1 will permanently impact 0.046 acres (1,985 SF) of wetland will road crossing fill and
indirectly impact 0.008 acres (336 SF) of wetlands associated with post construction removal of surface water hydration.
Wetland Impacts 2 will temporarily impact 0.0026 acres (114 SF) of wetlands with open -cut and backfill installation of sewer
line.
Wetland Impact 3 will permanently impact 0.009 acres (411 SF) of wetlands with road crossing fill.
Mitigation is not proposed. Areas of temporary impact will be restored to similar pre -construction conditions and stabilized
with herbaceous seed mix.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact length
number -
(PER) or
(Corps - 404, 10
stream
(linear feet)
Permanent (P)
intermittent
DWQ — non-404,
width
or Temporary
(INT)?
other)
(feet)
(T)
S1 ® P ❑ T
Road Fill/Indirect
Unnamed
❑ PER
® INT
® Corps
❑ DWQ
2.05
128/42
S2 ®P ®T
Road
Fill/Dewatering
Unnamed
® PER
❑ INT
® Corps
❑ DWQ
4.01
84/15
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
212/42/15
3i. Comments: Stream Impact 1 will permanently impact 128 linear feet (263 SF) of stream from culvert/sides lope road fill and
Page 6 of 13
PCN Form — Version 1.3 December 10, 2008 Version

indirectly impact 42 linear feet (86 SF) of stream channel from post construction removal of surface hydration.
Stream Impact 2 will permanently impact 84 linear feet (337 SF) of stream from culvert/sideslope road fill and temporarily
impact 15 linear feet (56 SF) of stream channel with associated dewatering.
Temporary impacts will be restored to similar pre -construction grade and stabilized with natural biodegradable matting and
herbaceous seed mix. Mitigation is not proposed for the net loss of stream from culvert or sideslope fill.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of
impact number
waterbody
Type of impact
Waterbody type
Area of impact (acres)
— Permanent
(if applicable)
(P) or
Temporary T
01 ®P ❑ T
Unnamed
Fill
Open Water Pond
0.005
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
0.005
4g. Comments: Open Water Impact 1 will permanently fill 0.005 acres (239 SF) of open water pond with road crossing fill.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland (acres)
Pond ID
Proposed use or
number
purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 7 of 13
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for
Stream name
mitigation
(square feet)
(square feet)
or Temporary
impact
required?
T
B1 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site has been designed to avoid lot or building pad fill in streams or wetlands. Crossing 1 will remove an existing 36"
culvert and utilize the area of the removed culvert for temporary dewatering activities instead of temporary disturbance of
natural stream bed. Crossing 2 has been designed to utilize approximate 10' tall head/end walls to avoid greater net loss of
waters and wetlands.
The remaining 2,021 linear feet of stream channel, 3.84 acres if wetlands and 1.52 acres of open water pond are being
avoided..
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence or other BMPs will be used. Crossing 1 will remove an existing 36" culvert and
utilize the area of the removed culvert for temporary dewatering. Temporary coffer dams will be installed. During construction,
water will be pumped around the construction footprint. Appropriate stream bank protection will be provided in the channel
during construction and all excess excavated material will be immediately removed from the crossing area and stockpiled in
upland locations. Upon completion of the culvert installations, the temporary sand bag coffer dams will be removed and flow
will be diverted through the culvert. Following installation of the culverts, areas of temporary stream impact will have stream
beds and banks restored to similar pre -construction grade. The stream banks will be matted with biodegradable materials and
seeded/live staked with native species. Following installation of sewer line, temporary impacts to wetlands will be restored to
similar pre -construction graded and stabilized with herbaceous seed mix.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
ElPayment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version

3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that
requires buffer mitigation?
❑ Yes ® No
6b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g.
If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h.
Comments:
Page 9 of 13
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
30 %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
SWMP approval will be obtained from NCDEQ prior to impacts occuring.
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
® Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Impacts from wastewater generation are not proposed.
Page 11 of 13
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The IPaC report for the site identifies Schweinitz's sunflower and Mihcaux's sumac as a federally protected species that
could be proximate to the project area.The project areas contains a mature hardwood/pine forest estimated to be at least
40 years in age, an existing sewer line easement and existing road right of way . Mid and understory vegetation are
modeterately dense in wooded land and would not be considered suitable habitat for federally protected species. The
utility easement and the road right of way appear to to be frequently or routinely mowed several times a year during the
growing season and would not be considered suitable habitat for federally protected species. Therefore, we have made a
determination of no effect for federally protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices will prevent sediment from entering down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
We reviewed the SHPO Map (http://gis.ncdcr.gov/hpoweb/) to identify historic and/or archaeological resources of the site.
The map does not identify eligible for listing or listed properties on or near the project area. A copy of the map is included
as an attachment.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA NHFL (Drawing 4, attached)
Bradley Digitally signed by Bradley Luckey
DN: cn=Bradley Luckey, o=Pilot
Bradley S. Luckey PWS
Enviromental, Inc., ou,
Luckey email=[e-mail],c=US
12.8.23
Date: 2023.12.08 10:44:53-05'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
Page 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION
This form authorizes PEI 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: U5 Hwy 158
Applicant Information:
Name:
Address:
Telephone Number
Fax Number:
Henson Realty, LLC
23 Khaki Place
Chapel Hill NC 27516
336-707-9799
E-mail Address: paulgmJamPgmail.com
Signature: &'/' Ae_- Date: G Z
Paul Milarn (Manager)

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David Brame
From: Lawrence, Jennifer L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, May 1, 2023 10:51 AM
To: David Brame
Subject: SAW-2023-00709 US Highway 158 Delineation Concurrence
Attachments: SAW-2023-00709 Wetland Map.pdf
Mr. Brame,
Reference is made to ORM ID SAW-2023-00709--please reference this number on any correspondence regarding this
action.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown in callout areas on the attached delineation map, labeled Wetland Map
US Highway 158 dated 2/23/2023.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.org/utils/getfile/collection/P16021coll9/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested."
At this time, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. "This verification does not address nor include any
consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation
verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory
Program Administrative Appeal Process (33 CFR Part 331)."
Jennifer Lawrence, PWS (she/her)
Regulatory Specialist, Charlotte Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Email: [e-mail]
Cell: [phone]

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0023952
Project Name: Hwy 158
December 07, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and 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. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

12/07/2023
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 BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat 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-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
• Wetlands
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

12/07/2023
3
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

12/07/2023
4
PROJECT SUMMARY
Project Code: 2024-0023952
Project Name: Hwy 158
Project Type: Residential Construction
Project Description: SFR
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.998471,-80.44248607550063,14z
U:LW-
VWbtt
S
5 it 6Q rmLda Ft
Counties: Davie County, North Carolina

12/07/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/07/2023 6
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
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.
NAME
BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https:Hecos.fws.gov/ecp/species/1626
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 the supplemental

12/07/2023
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC I I I T I I T I I I TI T 000 *�++ 4+ +++++ +1++ Jill 0411011 i*oi
Vulnerable
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.

12/07/2023 8
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399
Cerulean Warbler Dendroica cerulea Breeds Apr 28
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/297
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
https:Hecos.fws.gov/ecp/species/10678
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9513
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.
https:Hecos.fws.gov/ecp/species/9439

12/07/2023
E
NAME
BREEDING
SEASON
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.
https:Hecos.fws.gov/ecp/species/9398
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9478
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.
https:Hecos.fws.gov/ecp/species/9431
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle tttt tttt t1" tttt t$+* 40+ ++++ +1++ 1 171

12/07/2023 10
Non -BCC
Vulnerable
Black -billed
Cuckoo ++++ ++++ ++++ ++++ + + ++ + .+`— ++ ++++ ++++
BCC Rangewide
(CON) yy
Cerulean WarbleRangewide
++++ ++++ ++++ +T+' 171::T++ ++++ ++++ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Chimney Swift ++++ ++++ ++++ BCC Rangewide loll HE HE 111111111111110+ I I I I III I
(CON) i
Eastern Whip -Poor- ++++ ++++ ++++ T+++ X: Li
Will ■
+++
0+ ikk+ ++++ ++++ ++++ ++++
BCC Rangewide �
(CON)
Prairie Warbler
q11111N IN ++++ ++IN ++++ ++++ ++++
BCC Rangewide
(CON) II l
Prothonotary
Warbler +++1 III I I I 14 mill "I mill +00+ ,+++ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Red-headed Woodpecker i111all an 111* s+TT TITT TTTT TTTT +,11 1111 �111 111, BCC Rangewide
(CON)
Rusty Blackbird BCC -BCR TT0 0*1**1 ++++ ++++ ++++ ++++ ++++ ++++ WIN+0++
Wood Thrush BCC Rangewide +++ 114+ ++++ +1111111111111111+++ +10+ 110+ ++++ ++++
(CON) mmmm mmmm
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action

12/07/2023
11
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.
FRESHWATER POND
• PUBHh
RIVERINE
• R4SBC
• RSUBH

12/07/2023
12
IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Bradley Luckey
Address: 743 Park Lawn Court
City:
Kernersville
State:
NC
Zip:
27285
Email
[e-mail]
Phone:
3367084997
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

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Scale: 1" = 400'
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LEGEND
nSite Boundary
-
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Approximate 52-Acre Tract
US Highway 158
PILOT Advance, Davie County, NC
PILOT ENVIRONMENTALINC Pilot Project7849.1

A
Drawing 3
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Wetlands Mapper
Scale: 1" = 400'
R
1
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a
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Site Boundary
k �
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Freshwater Forested/Shrub
L ' , Estuarine and Marine Deepwater
Estuarine and Marine
+ } Freshwater Pond
x - Lake
^ Riverine
Other
t
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g NWI Map
v
.77 Approximate 52-Acre Tract
US Highway 158
PILOT Advance, Davie County, NC
P I L O T E N V I R O N M E N T A L, I N C
Pilot Project 7849.1

RF
44
Drawing 4
National Flood Hazard Layer
From FEMA Web Map Service
Scale: 1" = 400'
a
0
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LEGEND
Site Boundary
01 %Annual Chance Flood Hazard
Regulatory Floodw@y
0Sped @I Floodvay
Area of Undetermined Flood Hazard
0.2%Annual Chance Flood Hazard
Future Conditions 1 '¢Annual Chance Flood Hazard
► Area with Reduced Risk Due to Levee
FEMA FIRM
Approximate 52-Acre Tract
US Highway 158
Advance, Davie County, NC
Pilot Project 7849.1

Site Boundary
Perennial Stream
......
Intermittent Stream
Pond
Wetland
■
Culvert
SA 1-5
Data Point
{ DP-1 Q
Flag Number/Feature ID
I
ati
SC (Smith Creek)
955 LF
DP-2 Q
DP-1 Q
■ i�
\ SA LL
305 LF
WA 1-30
0.138 Ac.
SB2
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WC 1-3 \
0.016 Ac.
Wd 1-49
3.870 Ac.
W B 1-6 `?�?
0.032 Ac.
SB1
7"
540 LF
SBA
10 LF
DP-3
SE SD
70 LF
dQ
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP HAVE BEEN VERIFIED IN THE FIELD BY MS. xt
JENNIFER LAWERENCE AND MS. MEAGAN JOLLY WITH THE USACE ON 4.25.23. THIS EXHIBIT INCLUDES xw l 4
GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON _:
FEBRUARY 20, 2023. f r+
Drawing 5 ' x :5 Wetland Map
2019 Satellite Imagery from ESRI� Approximate 52-Acre Tract
and Pilot GPS Data ��'� - - US Highway 158
Scale: 1" = 250' PLOT Advance, Davie County, NC
Date:2.23.23 PILOT EN VIR0NMENTAL. C Pilot Project7849.1

Brad Luckey
From: Heather LaGamba
Sent: Monday, August 7, 2023 5:07 PM
To: 401 [e-mail]
Subject: Pre -File Notice - US Highway 158 (7849.2)
We would like to submit a Pre -filing Notice for the following project:
Project Name: US Highway 158 (7849.2)
Project Owner: Evans Engineering, Inc.
Project Owner's Address: 4609 Dundas Srive, Greensboro, North Carolina 27407
Project County: Davie
Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined
Thank you and have a wonderful day!
Sincerely,
Heather LaGamba
336.345.9536 (c)
336.310.4527 (o)
P.O. Box 128
Kernersville, NC 27285
www.lilotenviro.com
[e-mail]