20231722 Ver 1_USACE Correspondence_20240123

1a. Name of project:
Bel lerose
1a. Who is the Primary Contact?
Rhiannon Graham
1 b. Primary Contact Email:
[e-mail]
Latitude:
3&0920Fi
IPir .-Coma-bru cti n IMoti- iicatii n QlP lNp IForm
For Nationwide IPeirirnniits and IRegiionall G enerall IPeirirnniits
(alloing with corresponding Water Quality Certifications)
Alpiriill 113, 2022 Ver 4.3
Longitude:
79.54096
1c. Primary Contact Phone:
(919)457-111 d
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?"
Yes No
Is this project connected with ARPA funding?"
Yes , No
County (or Counties) where the project is located:
Guilford
Alamance
Nearest Body of Water
Is this a NCDMS Project"
Yes , No
Is this project a public transportation project?
Yes , No
1 a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?"
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes •+% No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):

1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
1e. Is there an AgenNConsultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Kirkpatrick & Associates
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Matt 1-I. Kirkpatrick
2d. Address
Street Address
4004 Barrett Drive
Address Line 2
suite 204
City
State t Province t Region
Raleigh
NC
Postal (Zip Code
Country
27609
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:"
mattk@ rel iant-partners. com
3. Applicant Information (if different from owner)
3a. Name:
J.Adam Ashbaugh
3b. Business Name:
IDIR13 Group North Carolina, 1-1_C
3c. Address
Street Address
3000 IRDU Center Drive
Address Line 2
Suite 202
City
State ( Province ( Region
Morrisville
NC
Postal (Zip Code
Country
27560
USA
Yes No
Yes No

3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
lRhiannon Graham
4b. Business Name:
Terracon
4c. Address
Street Address
2401 Brentwood Load
Address Line 2
Suite 107
City
State Province Region
lRaleigh
NC
Postal (Zip Code
Country
27604
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project into
1. Project Information
1b. Subdivision name:
(if appropriate)
Bel lerose
1c. Nearest municipality/town:
Gibsonville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
alamance:8845120815, Guilford 8845021581
7521
2c. Project Address
Street Address
1001 Springwood Avenue
Address Line 2
City
State / Province / Region
Gibsonville
NC
Postal (Zip Code
Country
27249
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Michael Branch
3b. Water Resources Classification of nearest receiving water:
WS V, NSW
3d. Please provide the 12-digit HILIC in which the project is located.
0303000203
3c. What river basin(s) is your project located in?*
Cape Fear
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 existing site conditions are composed of a forested, primarily planted pine. The site is located next to a cemetery, a church, and some commercial business. South of the site is
composed of large residential communities. Terracon delineated the wetlands and waters on site in September 2022. The FUD was issued on 3/4/2022 by Chris Hopper. The town of
Gibsonville reviewed the site in April 2022 to determine the riparian buffers on site.

4b. Have Corps permits or DWR certifications been obtained forth is project (including all prior phases) in the past?*
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW 2021 02522
4f. List the total estimated acreage of all existing wetlands on the property:
1.51
4g. List the total estimated linear feet of all existing streams on the property:
1,954
4h. Explain the purpose of the proposed project: *
The purpose of this project is to construct 192 townhomes. The subdivision construction will take place is three phases, however,, the permitting covers the entirety of the project. The first
phase will construct 65 townhomes, the second phase will construct 63 townhomes, and the third phase will construct 64 townhomes.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is a new residential development in the Town of Gibsonville. The development will include 192 detached townhome units, 50 ft wide residential roadways, as well as
a sanitary sewer easement. Access to the property is from Springwood Avenue (Phase 1) and Circle Drive (Phase 11). Typical road construction and grading equipment will be used during
construction. Equipment will be stored in upland areas.
The wetland impact on site result from road connection, lots, and sanitary sewer. The stream impacts on site result from the sanitary sewer. The riparian buffer impacts on site result from
the sanitary sewer and grading.
The proposed timeline for construction is Spring 2024
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW 2021 02522
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): lRhiannon Graham
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
FIJID was issued on 3/4/22 by Chris Hopper. Town of Gibsonville buffer determination was issued on 4/28/22.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
All impacts are accounted for on this permit application
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
ff�771
2a1 Reason"(')
2b. Impact type (1)
2c. Type of W.
2d. W. name"
��71
2f. Type of Jurisdiction
(9)
2g. Impact
area*
1
road crossing and
grading for lots
F,
Headwater Forest
W4
Yes
Corps
0M9
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
OMO 0.099

2g. Total Wetland Impact
OM9
2e. Comments:
Permanent and total wetland disturbance 0.0993 ac for road connection, lots, and sewer line.
3. Stream Impacts
❑
3a. Reason for impact (1)
sewer easement
3b.lmpact type"3c.
F��7771
Type of impact
Other
3d. S. name
1-4
3e. Stream Type
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
7
Merage (feet)
3h. Impact
length*
35
(linear feet}
sewer easement
E�7
Other
1-1-extension
Intermittent
Both
15
Average (feet)
(linear feet}
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3i. Total temporary stream impacts:
0
80
3i. Total stream and ditch impacts:
80
3j. Comments:
1-4 Impact on Exhibit 3 is a temporary stream impact of 34. 7 UF @ 7.2' average width and 249
SIF (OM57 AC).
1-1-Extension Impact on Exhibit 4 is a temporary stream impact of 4471IF @ 14.8' average width
and 660SI: (0.0152 ac)
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply
Neuse
Tar -Pamlico
Catawba
Randleman
Goose Creek
Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Grading
T
1-3-Exhibit 2
No
0
1,455
sanitary sewer
F,
1-}..Exhibit 3
No
2,945
1,404
5' temporary construction easement
T
1-4 Exhibit 3
No
908
43716
sanitary sewer
F,
1-1 Extension Exhibit 4
IVo
3,315
2,240
Grading
T
1-1 Extension Exhibit 4
No
0
548
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 908.00 2,439M
Zone 1 Zone 2
Total Permanent impacts: 6,260M 3,644M
Zone 1 Zone 2
Total combined buffer impacts: 7,168M 6,083M
6i. Comments:
Exhibit Impact: Zone 2 buffer temporary impact for grading: 1,455 SIF (0.0334 ac)
Exhibit 3 Zone 1 Permanent Buffer Impact: 2,945 SIF (0.0676 ac) for the sanitary sewer
Exhibit 3 Zone 2 Permanent Buffer Impact: 1,404 SIF (0.0322 ac) for the sanitary sewer
Exhibit 3 Zone 1 Temporary Buffer Impact: 908 SIF (0.021 ac) for the 30' sanitary sewer easement
Exhibit 3 Zone 2 Temporary Buffer Impact: 436 SIF (0.01 00) for the 30' sanitary sewer easement
Exhibit 4 Zone 1 Permanent Buffer Impact:3,315 SIF (0.076 AC) for the sanitary sewer
Exhibit 4 Zone 2 Permanent Buffer Impact:2,240 SIF (0.0514 AC) for the sanitary sewer
Exhibit 4 Zone 2 Temporary Buffer Impact:548 SIF (0.0126 AC for grading
E. Impact Justification and Mitigation

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The impacts; to the wetland are for a proposed road crossing. All residential structures are proposed outside of the wetland. The impacts; to the stream
will be temporary for sanitary sewer construction. there will be permanent and temporary impacts to the stream buffers.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All applicable erosion and sediment controls will be installed and maintained according to current regulations. Spoil material will be placed in upland
areas and excess material will be removed from the site. the stream crossings are perpendicular crossings and they will be working in the dry.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
,.1 acres of wetland are being impacted. The temporary stream impacts total to 0.02 acres, no permanent stream impacts are proposed.
F. Stormwater Management and Diffuse Flow Plea (required b )
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes , No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters."
Stormwater Management Plan Antidegradation Calculations
Comments:
Stormwater runoff from the impervious, developed areas of the site will be routed via underground storm drain piped collection system to a series of 3 separate 13MF's for treatment and
attenuation before discharging into existing streams along the southern boundary of the site. TheTown of Gibsonville, NC is responsible for the review and approval of the system design.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds orthe use of public (federal/state) land?"
Yes No
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), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?"
Yes No

3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?"
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes 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 , No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
IPAC and NI-P
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?"
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
https://vvvvw.habitat.noaa.gov/apps/efhmapper/
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 status?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
https://nc.maps.arcgis.com/home/item.html?id:= 79ea671 ebdcc+5639fo86025 7d5f5ed7
There are no sites shown within the project study area
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
Yes No
8b. Ifyes, explain how project meets FEMA requirements:
The Engineer will address all local and federal FEMA requirements
8c. What source(s) did you use to make the floodplain determination?"
fema.com
Miscellaneous

Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Bellerose permit atachments.pdf 11.96MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief', and
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 have given true, accurate, and complete information on this form,
I agree that submission of this FICIN 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, AMID
I intend to electronically sign and submit the FICIN form.
Full Name:*
lRhiannon Graham
Signature
WOAM, #A&C
Date
12/14/2023

Baker, Caroline D
From:Homer, Seren M
Sent:Tuesday, January 23, 2024 2:21 PM
To:Wooten, Samantha
Subject:FW: \[External\] 401 WQC Requirements (RPOT): SAW-2021-02522 / Villane Property /
Springwood Avenue / Gibsonville, NC / Alamance and Guilford Counties
Attachments:PCN_FillableForm_SAW-2021-02522.pdf
Follow Up Flag:Flag for follow up
Flag Status:Flagged
This is in reference to the Bellerose project (20231722), which Sue said she reassigned to you. Let me know if not!

Thanks!

Seren Homer (she/her)
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]

From: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 27, 2023 1:24 PM
To: Homer, Seren M <[e-mail]>; Chandler, Rebecca D <[e-mail]>
Subject: \[External\] 401 WQC Requirements (RPOT): SAW-2021-02522 / Villane Property / Springwood Avenue /
Gibsonville, NC / Alamance and Guilford Counties

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Good afternoon Seren & Rebecca,

This email is concerning the attached Pre-construction notification (PCN) for the above referenced project, received by
the U.S. Army Corps of Engineers, Wilmington District (USACE) on 12/14/2023. The Corps Action ID Number associated
with this project is: SAW-2021-02522.

Please provide a written response within 14 days from the date of this email, regarding the North Carolina Division of
Water Resources (DWR) receipt date for this project; otherwise, we will consider our receipt date as accurate. Also,
within 14 days, please notify me if the certification request does not contain the nine (9) components listed in Section
121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule.

1

As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the North Carolina Department of
Environmental Quality, Division of Water Resources (DWR), the reasonable period of time (RPOT) for DWR to act on a
Section 401 certification request is 120 days unless the RPOT is extended per the terms of this PA. As such, unless we
receive an email request for an extension of the RPOT, the USACE will consider the Section 401 certification for this
project to be waived on 04/12/2024.

Please contact me if you have any questions regarding this request.

Thanks,
Laura
-----
Laura J. Meyer, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Phone: [phone]
Email: [e-mail]

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
2

Baker, Caroline D
From:Homer, Seren M
Sent:Tuesday, January 23, 2024 2:22 PM
To:Wooten, Samantha
Subject:FW: \[External\] RE: Request for Additional Information: SAW-2021-02522 / Villane
Property / Springwood Avenue / Gibsonville NC / Alamance and Guilford Counties
Attachments:01152024141246-0001.pdf
Follow Up Flag:Flag for follow up
Flag Status:Flagged
See below and attached for the Corps’ RFAI and Applicant’s response for the Bellerose (20231722) project.

Thanks!
Seren Homer (she/her)
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]

From: Graham, Rhiannon J <[e-mail]>
Sent: Wednesday, January 17, 2024 11:50 AM
To: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>; [e-mail]
Cc: Chandler, Rebecca D <[e-mail]>; Homer, Seren M <[e-mail]>
Subject: \[External\] RE: Request for Additional Information: SAW-2021-02522 / Villane Property / Springwood Avenue /
Gibsonville NC / Alamance and Guilford Counties

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Hi Laura,

Please see our responses below in red and let me know if you need anything else,

Thanks

Rhiannon Graham
Senior Staff Scientist I Natural Resources

2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
[e-mail] I Terracon.com
1

 Please consider the environment before printing this email 

From: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, January 11, 2024 12:34 PM
To: [e-mail]; Graham, Rhiannon J <[e-mail]>
Cc: [e-mail]; [e-mail]
Subject: Request for Additional Information: SAW-2021-02522 / Villane Property / Springwood Avenue / Gibsonville NC /
Alamance and Guilford Counties

ALCON,

This email is in reference to the Pre-construction notification (PCN) for the proposed Bellerose Project (SAW-2021-
02252), received on December 14, 2023.

The following information is required to complete our evaluation, confirm compliance with one or more General or
Regional Conditions, and/or complete consultation with another federal/state agency to verify the use of the
Nationwide Permit (NWP) 29 (Residential Developments):

1) The project proposes to permanently discharge fill material within 0.099 acres of potential wetland waters for
road crossing and grading of lots and 80 linear feet of stream for sewer easement(s). The need for residential
dwellings along the Interstate 40 corridor is not disputed, however, it is unclear if the project has demonstrated
avoidance and minimization to the maximum extent practicable as required by NWP General Conditions 23(a)
and (b). For example, it appears that the impacts to potentially jurisdictional wetlands could be avoided by
excluding the construction of units 1-5 and 135-136 and shifting Ophelia Way. It is not clear that project viability
is dependent on the inclusion of these 7 units, when the overall development proposes 192 residential units.
Please provide additional information to this effect, including updates to the PCN/plans as necessary.

 Impacts have been avoided and minimized to the greatest extent practical, including elimination
of approximately 9 additional units from earlier site plans (see attached red-line markup); the
resulting improved site plan avoids an additional 0.64 acres of potential impact, bringing our
proposed total impact below the 0.5 acre threshold authorized under NWP 29
 Single loaded streets were designed to minimize and avoid impacts as much as practicable.
 A retaining wall was added to keep lots and road grades in close vicinity to existing wetland
grades on the south side of Ophelia Way.
 The wetland to the north was completely avoided at this time as it is assumed to be
jurisdictional under Section 404 pursuant to the current PJD. It is our opinion that under the
2023 WOTUS Rule, this wetland may now be considered a non-404 area. However, at this time
the applicant is choosing to move forward with the current plan to avoid any delays that could
result from submittal of an AJD request for this wetland. Although, the applicant retains to right
to do so in the future.
 Due to the expense of land and development infrastructure costs, viability of the project is
contingent upon achieving the maximum allowable yield – loss of any of the seven units
mentioned would jeopardize the ability to purchase and develop the complete subdivision and
negatively impact delivery of housing stock in this area, which has a pressing need for residential
housing options
 Additionally, rezoning and Preliminary Subdivision plan approvals by the Town of Gibsonville
contemplate the full development as presented, which also furthers the transportation
connectivity of the region by providing road connections from the project site to Springwood
2

Avenue, future Windsor Townhome development to the west and to existing Circle Drive,
helping to alleviate traffic congestion and allowing alternate routes for emergency vehicle
responsiveness in the area.

2) It is unclear based on the PCN how it was determined that there is no potential habitat for the small-whorled
pogonia within the permit area, as the photographs included in the submittal appear to show potential habitat
areas. Was a survey performed in order to draw upon this determination? Please provide further information
and/or survey results to allow the Corps to make a no effect determination or initiate consultation with the
United States Fish & Wildlife Service.

 The USFWS self-certification package was submitted on 12/14/23, it has been over 30 days and
we have not received a comment regarding the determination

Small whorled pogonia - The small whorled pogonia grows in a variety of upland, mid-
successional, usually older, and mixed wood stands of beech, birch, maple, oak, and white
pine trees usually 40-75 years old. It is almost always found in proximity to features that
create long-persisting breaks in a relatively open forest canopy. It prefers acidic soils with
a thick layer of dead leaves and sparse to moderate ground cover, often on slopes near
small streams.

Habitat Present: No
Potential habitat for small whorled pogonia does not occur within the study
area. The site is primarily composed of planted loblolly pine that is regularly
maintained. Based on historical imagery on google earth, the entirety of the
site was clear cut in 2002, with various maintenance/thinning taking place over
the years. The non-cleared riparian area left behind along T3 consists of an
approximately 50-100ft buffer of hardwoods. The canopy is closed, and the
understory is composed 50% of the invasive Ligustrum sinense (Chinese
privet). The herbaceous layer is densely covered by the invasive Microseism
vimineium (Japanese stilt grass).

The impact areas that are along T3 would not provide sufficient habitat. The
impact areas south of the main parcel are composed of a dense canopy.

NCNHP data reviewed in Novemeber 2023 indicates no known occurrences of
small whorled pogonia within one mile of the study area. The project is
anticipated to have no effect on the small whorled pogonia.
Biological Conclusion: No Effect

3) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.

4) Please provide the requested information within 30 days, or your application will be administratively withdrawn.
To clarify, if the requested information is submitted after the 30-day timeframe, you will not be required to re-
submit an entirely new PCN (unless otherwise specified). We will continue to review and/or process your permit
application upon receipt of the requested information.

Sincerely,
Laura
-----
3

Laura J. Meyer, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Phone: [phone]
Email: [e-mail]

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
4