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HomeMy WebLinkAbout20240480 Ver 1_10289_Banner Ave Apartments_PCN Application_03.25.24_20240325Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- 2023-02238 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Banner Ave Multi -Family Development 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The site is being developed with multi -family apartment buildings. Impacts to streams and wetlands cannot be avoided to develop the property with the intended use. 4. Property Owner / Applicant [PCN Form A3 or A4]: Banner Place Apartments, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: David Brame/Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: NA 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 510 Banner ave 36.068378/-79.752605 8. Project Location— Tax Parcel ID [PCN Form Bla]: 7874745664 9. Project Location— County [PCN Form A2b]: Guilford 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Greensboro 11. Project Information — Nearest Waterbody [PCN Form 132a]: South Buffalo Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Cape Fear/03030002 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 N•.":!IN CA H") INX &Lwram�raafQu rb'y M:.fL wesclrces Office Use Only Corps Action ID no. SAW-2023-02238 Date received: 3/25/2024 DWR project no. .lick enter.] Date received: 3/25/2024 Site Coordinates: Latitude (DD.DDDDDD): 36.068742' Longitude (DD.DDDDDD):-79.752467' Form Version 4.3. 1210412023 Pre -Construction Notification (PCN) Form (Ver. 4.2, 12IM2023) 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: httas://edocs.dea. nc.aov/WaterResources/DocView.asox?dbid=0&id=2196924&cr=1 Page 1 of 20 PCN Form Version 4.3- December 4, 2023 A. Processing Information County (counties) where project is located: * Guilford Additional (if needed). Is this an ARPA project? * 0 Yes 0 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. basingera(-).ncdenr.gov for further assistance. Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes 0 No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes 0 No or airport project) Is this a NCDOT project? ❑ Yes 0 No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to entF 0 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? * ❑ Yes 0 No Please provide the date of the previous submission. * Click to enter a date. 0 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 0 No NWP number(s) (list all numbers ): 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes 0 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 0 Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes 0 No Page 2 of 20 PCN Form Version 4.3- December 4, 2023 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 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes 0 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.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- December 4, 2023 B. Applicant Information 1 a. Who is the primary contact? * Carlos Sanchez 1 b. Primary Contact Email: * carlos.sanchez@csboinc.com 1 c. Primary Contact Phone: * (###)###-#### 336.907.2452 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: * Banner Place Apartments, LLC 2b. Deed Book and Page No.: 008788 2c. Contact Person (for corporations): Carlos Sanchez 2d. Address Street Address: 1589 Skeet Club Rd 102-172 Address line 2: Click to enter. City: High Point State/ Province/ Region: North Carolina Postal/ Zip Code: 27265 Country: us 2e. Telephone Number: (###)###-#### 336.907.2452 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * carlos.sanchez@csboinc.com 3. Applicant Information (if different from owner) 3a. Name: * same 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * Click to enter. Page 4 of 20 PCN Form Version 4.3- December 4, 2023 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 entr City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: us 4d. Telephone Number: (###)###-#### (336) 708-4617 4e Fax Number: (###)###-#### Click to entr 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/Reg ulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- December 4, 2023 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Banner Avenue Apartments 1 b. Subdivision name (if appropriate): NA 1c. Nearest municipality/town: * Greensboro, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 7874745664 2b. Property size (in acres): 6.25 2c. Project Address: Street Address: 510 Banner Avenue Address line 2: Click to enter. City: Greensboro State/ Province/ Region: NC Postal/ Zip Code: 27401 Country: US 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 36.068709° Longitude (-DD.DDDDDD): *-79.752469° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * South Buffalo Creek 3b. Water Resources Classification of nearest receiving WS-V;NSW water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Cape Fear 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 030300020104 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 20 PCN Form Version 4.3- December 4, 2023 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 undeveloped, wooded land and disturbed areas. The disturbed areas are associated with a commercial facility that was demolished approximately 5 years ago. The site is located in a commercial/light industrial area of Greensboro. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes X No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps IClick to enter.] Action ID (ex. SAW-0000-00000): Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes X No If yes, describe the completed work. Click to enter text. 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. ._.IIGK LU CIILUI lC_ 4d. Attach an 8'/ x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.279 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 485 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to develop the site with multi -family apartments. 4i. Describe the overall project in detail, including the type of equipment to be used: * The overall project includes the construction of four three-story apartment buildings, a clubhouse, parking lots and stormwater pond. In order to construct the project, it is necessary to impact a stream and wetland with fill associated with the parking lot, driveway and apartment building. To facilitate development of the site, clearing and grading 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 If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter texl Page 7 of 20 PCN Form Version 4.3- December 4, 2023 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in M Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by Pilot in November 2023. 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2023-02238 Name (if known): David Bram/Michael Brame 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental, Inc 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. A site visit was completed by Ms. Laura Meyer on February 14, 2024. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No 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) The impacted waterbody is located entirely on the site. 8. Scheduling of activity: Upon receipt of NWP and WQC. Page 8 of 20 PCN Form Version 4.3- December 4, 2023 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands 0 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 Fill (Incl. Riprap) Permanent Headwater Forest WB Yes Both 0.080 W2 Choose one Tempi Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.08 ac 2g3. Total wetland impacts 0.08 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Native soil from on -site. Approximately 1,600 cubic yards of fill. 2i. Comments: 'lick to enter text. Page 9 of 20 PCN Form Version 4.3- December 4, 2023 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a Impact Reason* 3b. Impact Duration 3c. Impact Type 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type* 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Pump around Permanent Fill (Incl. Riprap) SA1 Intermittent Both 4 180 S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Dewatering Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 180 linear ft M. Total temporary stream impacts: Click to ent(� linear ft 34. Total stream and ditch impacts: 180 linear ft 3j. Comments: S1 — Stream location 1 includes 10 LF (28 SF) of permanent fill for construction of driveway, parking lot and apartment building. No secondary impacts are anticipated. Drainage will be directed around the impact area back to the top of the feature. Page 10 of 20 PCN Form Version 4.3- December 4, 2023 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 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Ponds are not being constructed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form Version 4.3- December 4, 2023 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 ente 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. B2 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. B5 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. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Buffers from the remaining streams will not be impacted. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- December 4, 2023 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the remainder of the proposed development to avoid impacts to additional wetlands and streams. Secondary impacts are being avoided by rerouting drainage back to the head of the impacted stream. The stormwater pond and stormwater piping were designed to avoid additional impacts. Original plans had additional impacts. The remaining roads and utilities have been designed to avoid additional impacts to jurisdictional areas. 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 seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used as necessary to stabilize graded slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Mitigation is not proposed. 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 INC Stream Temperature Classification Maps can be found under the District's RIBITS website: (Please use the filter and select Wilmington https://ribits. usace.army. miI/ribits apex/f?p=107:27:2734709611497::NO: Mitigation Concepts tab on the Wilmington district) 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 20 PCN Form Version 4.3- December 4, 2023 4h. Comments: Mitigation is not proposed. 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. ,lick to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes X No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or INC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not required. Page 14 of 20 PCN Form Version 4.3- December 4, 2023 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 ❑ 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.,qov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen 0 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 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20- %20environmental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) 0 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? 0 Local Government (Check all that apply.) 0 State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs 0 Phase II ❑ USMP 0 NSW 0 Water Supply Page 15 of 20 PCN Form Version 4.3- December 4, 2023 Please identify which local government stormwater program you are using. Greensboro State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- December 4, 2023 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes X No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑Yes ❑ No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), 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): ACK 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 i] Yes X No downstream water quality? 3b. If you answered "no", provide a short narrative description: Future impacts may or may not be required to access a few individual lots. Any necessary permitting will be completed by future owners should there be additional impacts. 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? * I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The site will discharge to existing sewer located on the site. No additional impacts are required for sewer infrastructure. Page 17 of 20 PCN Form Version 4.3- December 4, 2023 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.gov1) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes 0 No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes 0 No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes 0 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 0 No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ 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) Page 18 of 20 PCN Form Version 4.3- December 4, 2023 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC. The tri-colored bat (Proposed Endangered), Schweinitz's sunflower (Endangered), small -whorled pogonia (Threatened) and monarch butterfly (Candidate) are included by the IPaC as federally listed species that have been identified within the vicinity of the site. Bat hibernacula is not located on the site. Trees that could afford suitable summer roosting habitat are present on the site. Limited clearing will be required to impact the stream and wetland. Additionally, known occurrences are not identified within 2 miles of the site. Based on the small amount of clearing required for installation, the proposed project is not likely to adversely affect the TCB should it become a listed species prior to clearing activities. The area of proposed impact is wooded with heavy overhead, mid -story and understory canopy. Suitable habitat for the small -whorled pogonia or Schweinitz's sunflower will not be impacted by proposed impacts. The proposed project is not likely to adversely impact these species. The Monarch butterfly is a candidate species that is not subject to provisions of the ESA or consultation with the service. The proposed project is not likely to adversely impact this species should it become listed. 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? * El Yes x❑ No Is there submerged aquatic vegetation (SAV) around the project vicinity? * ❑Yes 0 No ❑Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes X No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr.,qov/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 x❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified in the area of the impact or on the site. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.,qov/portal/search Page 19 of 20 PCN Form Version 4.3- December 4, 2023 8a. Will this project occur in a FEMA-designated 100-year floodplain? * 1 ❑ Yes X No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer from FEMA Web Map Service H. Miscellaneous Comments: Thank -you for your assistance. Please contact David Brame at 336-708-4617 with any questions. Attach pertinent documentation or attachments not previously requested I. Signature * X By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David S. Brame Signature: * �jf /1 __._, Date: * 3/25/2024 Page 20 of 20 PCN Form Version 4.3- December 4, 2023 Proposal for Environmental Services Pilot Proposal 10289 February 16, 2024 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: 510 BANNER AVE. GREENSBORO, NC Applicant Information: Name: CARLOS G SANCHEZ Address: 1589 SKEET CLUB RD. 102-172 HIGH POINT NC 27265 Telephone Number: 336-907-2452 Fax Number: E-mail Address: CARLOS G SANCHEZ Signature: Date: 2/19/2024 0 Z ose N asoaop d,mo L6L6-Z58 C9£� �xie3eo Ewa = w O o�6uol�umia� Mdld 31lS m Y F �A Pepia�sa n — w0 I 1N3Wd011AIG iivyv- lulnW 3/�b b3NNb9 a pppg o age ��Wa w�a e:�.m<3�6osomw `d� a I i i i I ^i u �s _ `A oa� i a — 10 a i u I �a �rPE.a.o= Ea�..Ea I Z oseo-� om asuaop d,r"�o ppp z oO 0 L6L6-Z58 C9£� xoueweo�xi�e3emyaa iae3xoi�ie�m�i = w 0 V821 f11S10 W oa6uol�umia/Iwwh 1181HX3 3�NV3211S/0 Nb'113M m z Y F s¢¢�m �lo�-aopa pap/aysa n w0- I ��N�sPu Pua� ulsu3yI' 1N3WdOl3A34llIWb-�Illf1W 3Ab b3NNb9 � ago o z s g w� w� I I I I I I rr 118 Al I % In � I I irl I /' W�I _t+ � iE reHFreaw III r I I I � I I I I I I I I I I I I United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: 03/25/2024 15:06:38 UTC Project Code: 2024-0067427 Project Name: Banner Avenue Multi -Family Development Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Project code: 2024-0067427 03/25/2024 15:06:38 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3 of 11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC PROJECT SUMMARY Project Code: 2024-0067427 Project Name: Banner Avenue Multi -Family Development Project Type: Residential Construction Project Description: The site is an approximate 6.25-acre tract located in Greensboro, Guilford County, NC. The site is being developed with a multifamily residential subdivision. Stream and wetland impacts and USACE permits are required to construct the project. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)36.0686951,-79.75262492279934,14z APIEK;IY� ti. Counties: Guilford County, North Carolina 4 of 11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC 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. Note that 1 of these species should be considered only under certain conditions. 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. 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. 5 of 11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile: https:Hecos.fws.gov/ecp/species/10515 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 STATUS Candidate STATUS Endangered Threatened CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 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. 6of11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl 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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 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 likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 1►/Juhl 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "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. 7ot11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC 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 ++++ ++—+ ++'+ 1 1 1 1 1 1 1 1 I I I 1 1 1- —+-4- +—+— —+++ ++—+ ++—+ Vulnerable 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-migratory-birds • 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-migratory-birds-and-bald-and-golden-eagles-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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 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) 8 of 11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https:Hecos.fws.gov/ecp/species/9406 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 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "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 (—) 9of11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC 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 +++ + +—+ IIII IIII IIII L11ME �� ���� III glll Jill Jill Jill Vulnerable ■ Chimney Swift r--- ---- ---- ---- ---- ++++ ++—+ ++++'+„ "',''+'''" —+—+ +—'— —'++ ++—+ ++—+ BCC Rangewide (CON) Red-headed Woodpecker+� gill��+ BCC Rangewide ■■■ ■■■ (CON) Wood Thrush BCC Rangewide ++++ ++—+ ++++ ++"'+++ Jill ++'+ —+—+ 4 ­ 4- +++ ++—+ ++—+ (CON) 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.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/suDDlemental-information-mis7ratorv-birds-and-bald-and-s7olden-eas-les-mav-occur- project-action 10 of 11 Project code: 2024-0067427 03/25/2024 15:06:38 UTC 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 11 of 11 H aLse, - Hli T Lgend }5 0ShR H A u NL:H VUpolnts }�'p �sllo�er },alue7>• L I Status. 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IncramentP Cc:;:.: Japan, NET, Eari Ciina Hor.9 Kong',, Esri(- hailanc;:.-amTvm, Uapmelnv = 7 pe nStreetH a p comribu t rs. and the G I £ User Community Heather LaGamba From: Meyer, Laura J CIV USARMY CESAW (USA) <Laura.J.Meyer@usace.army.miI> Sent: Monday, February 26, 2024 4:08 PM To: David Brame Subject: Delineation Concurrence: SAW-2023-02238 / 510 Banner Ave. / Greensboro INC / Guilford County Attachments: SAW-2023-02238_Wetland Map.pdf Good afternoon Mr. Brame, Reference is made to ORM ID SAW-2023-02238, please reference this number on any correspondence regarding this action On 11/15/2023, the Corps received information from you requesting the Wilmington District, Regulatory Division review and a site visit was conducted on 2/14/2024 and concur with the boundaries of an aquatic resource delineation. 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 Investigation Boundary. The location and extent of these aquatic resources are shown on the delineation map, labeled Wetland Map and dated 11/9/2023. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile%ollection/p16021co119/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 maybe 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). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), oran Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required, and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. Sincerely, 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, INC 27587 Phone: (919) 634-1595 Email: lau ra. i. meyer(a)usace.army. mil O DP-2 i r 6 \SA1 295 LF rim WA 1-11 r 0.199 Ac. * 7 1. . IW +~'"T" Unnamed Trib to South Buffalo Creek 4 4 F•�5 1 L• L Site Boundary Potentially Jurisdictional Non -Wetland Water (Perennial Stream) THE LOCATIONS OF FEATURES SHOWN ON THIS ...... Potentially Jurisdictional Non -Wetland Water (Intermittent Stream) MAP WERE VERIFIED BY MS. LAURA MEYER WITH THE USACE ON FEBRUARY 14, 2024 (SAW-2023- Potentially Jurisdictional Wetland Water 02238). THIS MAP INCLUDES GPS LOCATIONS OF sA1-s Flag Number DELINEATED FEATURES. DELINEATED BY PILOT ON NOVEMBER 8, 2023. Data Point Drawing 5 Wetland Map Aerial Imagery from ESRI Est:;. s::>::= +'-�����Y'r f Banner Avenue and Pilot GPS Data _ - = Approximate 6.25-Acre Tract Scale: 1" = 100' PIL131Greensboro, Guilford County, NC Date:11.9.2023 PILOT 9NVIR0NMIN7AL.INC Pilot Project10289