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HomeMy WebLinkAbout20221471 Ver 1_ePCN Application_20221021DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/19/2022 BIMS # Assigned* Version#* 20221471 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Flatiron Forest Subdivision la. Who is the Primary Contact?* Rick Trone What amout is owed?* $240.00 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn lb. Primary Contact Email:* lc. Primary Contact Phone:* rtrone@withersravenel.com (919)538-8184 Date Submitted 10/21/2022 Nearest Body of Water Haw River (Stream Index: 16-(28.75) Basin Cape Fear Water Classification WS-IV;NSA;CA Site Coordinates Latitude: 35.796308 A. Processing Information County (or Counties) where the project is located: Chatham Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -79.129349 la. 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) lc. 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): ld. 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 lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. 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 ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Chatham Land & Timber LLC & Margaret Browning 2b. Deed book and page no.: B: 0735; P: 0341 & B:0942; P: 0697 2c. Contact Person: Margaret Browning & Richard Danek (Chatham Land & Timber LLC) 2d. Address Street Address 981 Old Graham Road Address Line 2 City Pittsboro Postal / Zip Code 27312 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (919)868-4924 2f. Fax Number: 2g. Email Address: * rvick@windjamdevelopment.com 3. Applicant Information (if different from owner) 3a. Name: RBV 1252, LLC 3b. Business Name: Rex Vick Jr. 3c. Address Street Address 3434 Kildaire Farm Road Address Line 2 Suite 135 City Cary Postal / Zip Code 27518 3d. Telephone Number: (919)868-4924 3f. Email Address: * rvick@windjamdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Rick Trone 4b. Business Name: WithersRavenel 4c. Address Street Address 115 MacKenan Drive Address Line 2 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)538-8184 4f. Email Address: * Mone@withersravenel.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Piltsboro 2. Project Identification 2a. Property Identification Number: Parcel #s 2037 & 2014 2b. Property size: 42 2c. Project Address Street Address 678 Hamlets Chapel Road Address Line 2 City Pittsboro Postal / Zip Code 27312 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Haw River (Stream Index: 16-(28.75) 3b. Water Resources Classification of nearest receiving water: * WS-I V; N SA; CA 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020701 4. Project Description and History State / Province / Region NC Country USA 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 project site currently consists of undeveloped woodlands. The general land use in the vicinity consists primarily of residential land use and undeveloped forest lands. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.7 acres 4g. List the total estimated linear feet of all existing streams on the property: 1,700 If 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a single-family residential subdivision to meet the existing and growing demand for residential housing in Chatham County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project consists of the following: • 29 single family home lots • Construction of infrastructure (roads, greenways, open space, utilities, stormwater management, etc.) The proposed design for the internal roads will result in one stream crossing. Copley Court will cross Stream 2 perpendicularly with a culvert. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the stream. A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM device is proposed at the other end of the proposed culvert. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2022-01047 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Alyssa Ricci WithersRavenel Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW- 2022-01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided as attachments. Buffer subjectivity was verified by Chatham County on June 2, 2022. Chatham County Watershed Department issued a Buffer Determination Letter on June 8, 2022, which has been provided as an attachment. 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? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Temp Construction Access T Headwater Forest Wetland B Yes Both 0.022 (acres) W2 Road Crossing P Headwater Forest Wetland B Yes Both 0.075 (acres) W3 Temp Construction Access T Headwater Forest Wetland B Yes Both 0.020 (acres) W4 Road Crossing P Headwater Forest Wetland B Yes Both 0.023 (acres) 2g. Total Temporary Wetland Impact 0.042 2g. Total Wetland Impact 0.140 21. Comments: See PCN Cover Letter for more information on proposed wetland impacts. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.098 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Temp Construction Access Temporary Dewatering Stream 2 Intermittent Both 2 Average (feet) 15 (linear feet) S2 Road Crossing Permanent Culvert Stream 2 Intermittent Both 3 Average (feet) 64 (linear feet) S3 Riprap Dissipator Permanent Rip Rap Fill Stream 2 Intermittent Both 2 Average (feet) 25 (linear feet) S4 Temp Construction Access Temporary Dewatering Stream 2 Intermittent Both 3 Average (feet) 10 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 89 3i. Total stream and ditch impacts: 114 3j. Comments: See PCN Cover Letter for more information on proposed stream impacts. E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 25 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands within the site. There are no impacts proposed for construction lots, utilities, stormwater management, or greenways. All road crossings have been designed to cross wetlands and stream perpendicularly at the narrowest points to minimize impacts. Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the western portion of the site is to cross the stream. It was deemed not feasible to choose an alternate location for Copley Court to avoid wetland impacts as this would have required the road be positioned at the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this location would have avoided wetland impacts, it is not a logical location and would have resulted in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at the Copley Court crossing such that the riprap will be installed by burying to match the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life, and preventing a loss of function. Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest Drive were primarily driven by the placement of SCM 1 in a low area between Wetlands C and D for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between Wetland C and downstream waters will be maintained through the culvert and SCM 1. Upon completion of construction, all temporarily impacted streams will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. 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: Proposed permanent stream impacts are less than 0.02 acres and proposed permanent wetland impacts are less than 0.10 acres. Therefore, compensatory mitigation is not proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Chatham County Comments: The stormwater management plan consists of two constructed stormwater wetland SCMs which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the Chatham County as the certified local municipality. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the 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. The proposed project has no anticipated future phases and is not anticipated to be a catalyst for future development that could impact nearby downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. 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. Pittsboro sanitary sewer 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 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 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 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? WithersRavenel completed a survey for federally listed species in March 2022 and determined that the proposed project would have No Effect on federally listed species or their critical habitat. The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022, John Ellis with the USFWS stated that the Service concurred with our determinations, which were No Effect. A copy of the USFWS concurrence email, as well as the USFWS Concurrence Request has been provided as an attachment. 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? * There are no waters in Chatham County classified as EFH. 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?* SHPO issued a review letter on April 27, 2022, which has been provided as an attachment. SHPO had no comments on the project as proposed. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* www.ncfloodmaps.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 Cover Letter & Attachments.pdf 30.82MB 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 PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Rick Trone Signature cell Pielty Date 10/21/2022 %■ WithersRavenel NoOur People. Your Success. October 21, 2022 US Army Corps of Engineers Raleigh Regulatory Field Office Ms. Jean Gibby 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Mr. Paul Wojoski 1617 Mail Service Center Raleigh, NC 27699 Re: Flatiron Forest - NWP 29/401 & Buffer Authorization PCN Submittal Pittsboro, Chatham County USACE AID #SAW-2022-01047 WR Project #02220132.00 Dear Ms. Gibby and Mr. Wojoski, On behalf of RBV 1525, LLC, we are requesting authorization from the USACE to use NWP 29, as well as requesting a 401 WQC from NC DWR for the impacts in the table below. Buffer impacts will be permitted through Chatham County as the designated local authority. Proposed Impact Table Feature Type of Impact Impact Area LF SF AC Stream Permanent (Functional Loss) 64 158 0.004 Stream Permanent (No Functional Loss) 25 55 0.001 Stream Temporary 25 69 0.002 Stream Totals 144 244 0.008 Wetland Permanent - 3,288 0.075 Wetland Temporary - 960 0.022 Wetland Temporary - 858 0.020 Wetland Totals - 5,106 0.117 The proposed total permanent impacts to jurisdictional waters are 0.102 acres (Stream - 0.004 ac, Wetlands - 0.098 ac) and therefore the project is eligible for authorization under an NWP 29: The proposed project consists of the construction of a 29-lot single-family residential subdivision and associated infrastructure (roads, sidewalks, open recreational space, utilities, stormwater management, etc.). The proposed Flatiron Forest subdivision consists of a ±42-acre site located on two parcels (Parcel #s: 2037 & 2014) located at 678 Hamlets Chapel Road in Pittsboro, Chatham County (Lat: 35.796308°N;-79.129349°W). The project is in the Cape Fear River basin (HUC: 03030002) and onsite waters drain to the Haw River. The Water Quality Classification for the Haw River is: WS-IV;NSW,CA and the Stream Index Number is: 16-(28.75). 115 MacKenan Drive I Cary, NC 27511 t: 910.469.3340 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Flatiron Forest r: WithersRavenel Pittsboro, Chatham Co. NWP 29 PCN Submittal Our People. Your Success. Proposed Project The purpose of the proposed project is to construct a single-family residential subdivision to meet the existing and growing demand for residential housing in Chatham County. The project consists of the following: 29 single family home lots Construction of infrastructure (roads, greenways, open space, utilities, stormwater management, etc.) The proposed design for the internal roads will result in one stream crossing. Copley Court will cross Stream 2 perpendicularly with a culvert. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the stream. A second road, Flatiron Forest Drive will cross a narrow area of Wetland C with a culvert. A SCM device is proposed at the other end of the proposed culvert. Protect History WithersRavenel conducted a delineation of the wetlands and streams in March 2022 which were field verified by the USACE and issued a Preliminary Jurisdictional Determination (SAW-2022- 01047) on July 6, 2022. The USACE PJD and Approved Delineation Exhibit have been provided as attachments. SHPO issued a review letter on April 27, 2022, which has been provided as an attachment. SHPO had no comments on the project as proposed. Buffer subjectivity was verified by Chatham County on June 2, 2022. Chatham County Watershed Department issued a Buffer Determination Letter on June 8, 2022, which has been provided as an attachment. WithersRavenel completed a survey for federally listed species in March 2022 and determined that the proposed project would have No Effect on federally listed species or their critical habitat. The results of the survey were submitted to the USFWS for review. In an email dated 6/16/2022, John Ellis with the USFWS stated that the Service concurred with our determinations, which were No Effect. A copy of the USFWS concurrence email, as well as the USFWS Concurrence Request has been provided as an attachment. WithersRavenel submitted the Pre -Filing Meeting Request via email on 9/19/2022. A copy of the request email has been provided as an attachment. Proposed Impacts The proposed impacts consist of: • 64 If (0.004 acres) of permanent functional loss stream impacts • 55 If (0.001 acres) of permanent no functional loss stream impacts • 15 If (0.001 acres) of temporary stream impacts • 0.098 acres of permanent wetland impacts • 0.042 acres of temporary wetland impacts All proposed permanent stream impacts are necessary for the installation of the Copley Court road crossing over Stream 2 (intermittent). The proposed Copley Court road crossing is necessary to access the developable uplands in the western portion of the site. Copley Court has been designed Page 2 of 5 Flatiron Forest 4: WitherSRavenel Pittsboro, Chatham Co. Our P NWP 29 PCN Submittal People. Your Success. to cross Stream 2 perpendicularly using a 72" x 58' RCP to carry base flow of the stream and a 54" x 58' RCP which will provide flood flow only. The culverts will be buried 12" below the stream bed. 64 linear feet of permanent stream impacts (Impact S2) with functional loss. Additionally, 0.075 acres of permanent wetland impacts (Impact W2) are proposed at this crossing. A riprap dissipator will be installed below the culverts to prevent erosion and sedimentation of downstream waters which will result in 25 linear feet of permanent stream impacts with no functional loss (Impact S3). The riprap will be installed by burying the riprap such that the top of the riprap matches the pre - construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. During construction of the culverted road crossing, work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts within the impact areas and pumping flow around the construction area. 25 linear feet of temporary stream impacts (Impacts S1 & S4) and 0.042 acres of temporary wetland impacts (Impact W1) are proposed for construction of the crossing. Wetland impacts to Wetland C are proposed for a crossing of the wetland to construct Flatiron Forest Drive and to access developable uplands in the northern portion of the site. A narrow portion of Wetland C (Impact W4-0.023 acres) is proposed to be permanently impacted by a culverted road crossing. The culvert under Flatiron Forest Drive is designed to convey water from Wetland C to SCM 1 (wet detention). Hydrologic connectivity between Wetlands C and B will be maintained through this culvert and SCM 1. In a pre -application meeting with Ms. April Norton, USACE, on October 6, 2022, it was determined that this was an acceptable way to maintain connectivity between Wetland C and downstream waters since SCM 1 is a wet pond that will have regular discharge through the low flow orifice. No impacts to Wetland C will occur from construction of SCM 1. Upon completion of construction, all temporarily impacted streams will be restored to pre - construction contours and the banks will be stabilized using a biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream beds. Additionally, all temporarily impacted wetlands will be restored to natural grade and seeded with a wetland seed mix to provide temporary stabilization until natural revegetation permanently stabilizes these areas. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands within the site. There are no impacts proposed for construction lots, utilities, stormwater management, or greenways. All road crossings have been designed to cross wetlands and stream perpendicularly at the narrowest points to minimize impacts. Impacts to Stream 2 are unavoidable because the only way to access developable uplands in the western portion of the site is to cross the stream. It was deemed not feasible to choose an alternate location for Copley Court to avoid wetland impacts as this would have required the road be positioned at the northern end of the site near the cul-de-sac of Flatiron Forest Drive. While this location would have avoided wetland impacts, it is not a logical location and would have resulted Page 3 of 5 Flatiron Forest r: WithersRavenel Pittsboro, Chatham Co. Our PeopLe NWP 29 PCN Submittal in the loss of lots thereby making the project unfeasible. A riprap dissipator will be constructed at the Copley Court crossing such that the riprap will be installed by burying to match the pre - construction contours of the natural stream bed, allowing for the passage of aquatic life, and preventing a loss of function. Proposed permanent wetland impacts for the culverted crossing of Wetland C by Flatiron Forest Drive were primarily driven by the placement of SCM 1 in a low area between Wetlands C and D for the gravity driven stormwater drainage for the roadway. Hydrologic connectivity between Wetland C and downstream waters will be maintained through the culvert and SCM 1. Upon completion of construction, all temporarily impacted streams will be restored to pre - construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Mitigation Stream Mitigation The proposed project will result in 0.004 acres (64 If) of permanent stream impacts with functional loss. Because the proposed total permanent stream impacts with functional loss are below 0.02 acres, the applicant does not propose to compensatory mitigation for permanent stream impacts. Wetland Mitigation The proposed project will result in 0.098 acres of permanent wetland impacts. Because the proposed total permanent wetland impacts are below 0.1 acres, the applicant does not propose to provide compensatory mitigation for permanent wetland impacts. Stormwater Management Plan The stormwater management plan consists of two constructed stormwater wetland SCMs which provide a minimum of 30% nitrogen removal and therefore diffuse flow is not required. The stormwater management plan will be reviewed and approved by the Chatham County as the certified local municipality. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, Witherr-Ravenel Rick Trone Environmental Scientist Page 4 of 5 Flatiron Forest Pittsboro, Chatham Co. NWP 29 PCN Submittal Attachments: • PCN Form • Agent Authorization Forms • Pre -Filing Meeting Request Email • Aerial Exhibit • USGS Quads • Chatham County Soil Survey • Parcel/Property Owner Info • Approved Delineation Exhibit • USACE Preliminary Jurisdictional Determination • USFWS Concurrence Letter • SHPO Comment Email & WR Concurrence Request • Chatham County Buffer Determination Letter • Overall Site Plan • Impact Exhibits 4: WithersRavenel Our People. Your Success. Page 5 of 5 ■■ WithersRavenel lipOur People. Your Success. AGENT AUTHORIZATION FORMS DocuSign Envelope ID: 2ECEBAB1-OE31-4017-9DD7-375513E3D302 -0 WithersRavenel NoOur People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, RBV 1525, LLC (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for ±42-acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: 4/21/2022 Signature of Client: Rex Vick Jr. Manager (Name - Print) (Title) D...Sig-d by: 77AFMBDDSfgnatu re) 3434 Kildaire Farm Rd. Ste 135 Mailing Address Cary NC 27518 City State Zip Phone: (919)868-4924 Email: rvick@windjamdevelopment.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington DocuSign Envelope ID: CA6DB819-4108-4504-844A-BFD51496CB58 Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Margaret Browning, do(es) hereby authorize WithersRavenel, Inc. to access ±42- acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Contract Purchaser's Agent Info: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: 4/21/2022 Signature of Owner(s): Name - Print Title DocuSigned by: s&i �sD Mailing Address City State Zip Phone: Emai 115 MacKenan Drive I Cary, NC 27511 t 919.469.3340 1 f: 919.467,6008 1 ww\&,.withersr.avrnc-Lconi I License No, F-1479 Asheville I Cary I Charlotte I Greenshoro I Luniherton I Pittsboro ; Raleigh; Southern Pines I Wilmington DocuSign Envelope ID: CA6DB819-4108-4504-844A-BFD51496CB58 WithersRavenr,!, Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Chatham Land & Timber Management LLC, do(es) hereby authorize WithersRavenel, Inc. to access ±42-acres of the ±91.39-acre parcel, Chatham Co. PIN: 9764-00-14-6789, located directly north of 624 Hamlets Chapel Road, in Pittsboro, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Contract Purchaser's Agent Info: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 4/21/2022 Date: Signature of Owner(s): Name - Print Title D''olcu,,S'i^gned b�Qy�:, ,,1 • .'_ Kt 8&gratt"*66 Mailing Address City State Zip Phone: Email: ::WithersRavenel Our People. Your Success. PRE -FILING MEETING REQUEST EMAIL From: Trone, Rick To: 401PreFile( ncdenr.aov Subject: Flatiron Forest - Pre -filing Meeting Request (WR#02220132.00) Date: Monday, September 19, 2022 1:42:00 PM On behalf of RBV 1525, LLC , we are requesting a Pre -filing meeting for the following project: Project Name: Flatiron Forest County: Chatham Applicant Name: RBV 1525, LLC Applicant Email: Rex Vick Jr., rvick@windjamdevelopment.com Thank you, Rick Trone ❑® 115 MacKenan Drive I Cary, NC ''7511 Office: 919.469.3340 1 Direct: 919.538.8184 rtrone(Dwithersravenetcom ININININIo CONFIDENTIALITY AND NONDISCLOSURE ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT GRAPHIC SCALE 0 100 200 1 inch = 200 R. N v I /k REVIEW AREA — \\ J J k_M---\ i 1 ((-1i ) _-%--- ----\-') \ ), \ )1 '--\N ////i AERIAL (2021) H U) w 0 �o Zo 0 ca_ H u_ .ew..a xna. - b ,zx.c unz c ,.. u.w,-ttlOMOSLa-resin ::WithersRavenel Our People. Your Success. USGS QUADS U. GRAPHIC SCALE 0 1000 2000 Ss4 1 1 inch = 2111 ft. Briar Chapel' 07 5� 4" z �a. aN&� s 4b FOSTE STONEWALL RD - - C) $ J� 0 550� y f m l � MOUNTAIN LH PROJECT LOCATION c 15 x 90 501 f[nREN Lao Y 450 Lamheth35° r Lam,heth- �� Mt11 Mtn 9YNfJM OG� Rp O A50 B um. Yn. a �1. Burnett Mtn- a l FLATIRON FOREST USGS QUAD (2019) - BYNUM WithersRavenel Engineers Planners Surveyors PITTSBORO CHATHAM COUNTY NORTH CAROLINA 1 lip r"f ��•' Fes_ .� i f GRAPHIC SCALE �• 0 200 400 f+i S f S f" i j rr 1 inch = 400 ft. r + 1 00) ok r i err r0 op � i ti + t � � "1101/ ti p Ok I 00 � f % ti ' + 4 PROJECT BOUNDARY FLATIRON FOREST USGS QUAD (2019) - BYNUM WithersRavenet 1/ PITTSBORO CHATHAM COUNTY NORTH CAROHl1. I Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. CHATHAM COUNTY SOIL SURVEY P IFRL ri- �� �• GRAPHIC SCALE 0 200 400 1 inch = 400 ft. s HoO' PROJECT BOUNDARY FLATIRON FOREST I I CHATHAM CO. H OI SURVEY (2006) I I 1! WithersRavenet Engineers I Planners I Surveyors III PITTSBORO CHATHAM COUNTY NORTH CAROLINA ::WithersRavenel Our People. Your Success. PARCEL/OWNER EXHIBIT GRAPHIC SCALE 0 150 300 1 inch = 300 R. N c C N " r rO — an N6 L PROJECT BOUNDARY 3: ±42-ACRES 3 w AFAF CHATHAM CO PARCEL 02037 CHATHAM LAND & TIMBER MGMT LLC & MARGARET BROWNING 981 OLD GRAHAM ROAD PITTSBORO, NC 27312 C° ±91.39 ACRES X X BOOK: 0735; PAGE: 0341 w Z O Lu 0- O / z 0 0 z CHATHAM CO PARCEL *2014 CHATHAM LAND & TIMBER MGMT LLC & MARGARET BROWNING 981 OLD GRAHAM ROAD PITTSBORO, NC 27312 ±0.69 ACRES BOOK: 0942; PAGE: 0697 Oz w o z� O` �u Q LL 0 0 e N SIlf ■■ WithersRavenel lipOur People. Your Success. APPROVED DELINEATION EXHIBIT GRAPHIC SCALE 1 inch - 200 k.ro REVIEW AREA _ / WETLAND F \� SUBJECTTO B UFFERSWETLA \ a am AFM SUBJECT TO BUFFERS ✓ �— —J \ 50' CHATHAM CO. ` \ RIPARIAN BUFFER V�A WETLAND SUBJECTOTBUFFERS \ \ \ \\ J,T/A\ X N1ERMITENT STREAM 2 �.�� ���1v � J LLJ � SUBJECT LLJ SUBJECT TO BUFFERS J ( \ 1 m 100' CHATHAM CO. /r- RIPARIAN BUFFER w LLJ STREAM 1 EPHEMERAL SUBJECT TO BUFFERS o CHATHAM RIPARIAN BUFFER 1 1 I o LLJ 10 \\ NOTES: 1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022. I �1 2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS \ \ DATA, AND TOPOGRAPHIC INTERPRETATION. 3) BUFFER SUBJECTIVITY BASED ON CHATHAM COUNTY WATERSHED PROTECTION ORDINANCE. BUFFER )) 1 1 B SUBJECTIVITY WAS VERIFIED BY CHATHAM COUNTY ON 06/08/2022. 4) THIS PROPERTY MAY BE SUBJECT TO ADDITIONAL MUNICIPAL/ZONING BUFFERS WHICH SHOULD BE VERIFIED PRIOR TO DESIGN. l `\ 5) DELINEATION AND JURISDICTIONAL STATUS WAS VERIFIED BY USACE ON 07/06/2022 (SAW-2022-01047). ::WithersRavenel Our People. Your Success. USACE PRELIMINARY JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01047 County: Chatham U.S.G.S. Quad: NC -Bynum NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: WithersRavenel Alvssa Ricci Address: 115 Mackenen Drive Carv, NC 27511 Telephone Number: 919-215-8619 E-mail: aricci(dwithersravenel.com Size (acres) 42 Nearest Town Pittsboro Nearest Waterway Haw River River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.7936 Longitude:-79.1293 Location description: The proiect site is approximately 42 acres located adiacent to Hamlets Chapel Road, near the town of Pittsboro, Chatham Countv, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/5/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U. S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2022-01047 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James.C.Lastinger(dusace. armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 07/06/2022. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water- Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHIL,IP.A. SHANNIN(&USACE.ARMY.MIL, In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Divisio Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official:�`'� Date of JD: 07/06/2022 Expiration Date of JD: Not applicable SAW-2022-01047 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.anny.mil/customer-service-survey/. Copy Furnished: PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 07/06/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: WithersRavenel, Alyssa Ricci, 115 Mackenen Drive, Cary, NC 27511 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hamlets Chapel Road site, SAW-2022-01047 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 42 acres located adjacent to Hamlets Chapel Road, near the town of Pittsboro, Chatham County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Chatham City: Pittsboro Center coordinates of site (lat/long in degree decimal format): Latitude: 35.7936 Longitude:-79.1293 Universal Transverse Mercator: Name of nearest waterbody: Haw River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): © Office (Desk) Determination. Date: July 6, 2022 El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decilual degrees) Estimated amount of aquatic resources m review area (acreage and linear feel, if applicable Type of aquatic resources (i_e_, w etiand vs_ non- Iv etland Waters) Geographic authority to which the aquatic resource "may be" Subject (i e Section 404 or Section 101404) WeflandA 35.793147507"N -79.1-807361'W 0.20acres Wetkind Section 4D4 Welland B 35.7958707311-N -79.1297654041V4' 0.76 acres Wetland Section 4D4 'Wffflaad C 35.797270D04�N -79.128303468°W 0.55 acres Wetland Section 404 Wetland D 35.797774196aN -79.130561971°W fl_ 10 acres Wetland Section 404 Wetland E 35.797982855'N -79.130564614'W 0 016 acres Wetland Section 4D4 Wetland F 35.799439322�N -79.127139397WV 0_025 acres Wetland Section 4D4 Stream 1 35.795137418'N -79.129995526°W 106 if Non -wetland Section 404 Stream 35.796631142aN -79.130002338°W 1.505lf Non -wetland Section 404 Stream 3 35.7976849514N-79.130820797- 88 1f Non -wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved 7D (AID) for that review area based on an informed decision after having discussed the various types of 7Ds and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the 7D will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subj ect review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached dated 5/5/2022 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the ❑Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ❑X USGS NHD data: ❑USGS 8 and 12 digit HUC maps: © U.S. Geological Survey map(s). Cite scale & quad name: Bynum Quad ®Natural Resources Conservation Service Soil Survey. Citation: Chatham county. 2006, sheet 4 ❑X National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMAIFIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑X Photographs: © Aerial (Name & Date): NC One map 2021 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify) : IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. t'Signature and date of Regulatory staff member completing PJD 07/06/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. GRAPHIC SCALE I inch 200 It \ aj REVIEW AREA ✓ J WETLAND F POTENTIAL WETLAND WATERS OF AFAF -� WETLAND POTENTIAL WETLAND �\ �\ WATERS OF THE US WETLAND D POTENTIAL WETLAND WATERS OF THE US WETLAND C STREAM 3 \\ \ \\�N \\I \ POTENTIAL WETLAND �\ \ INTEINTERMITTENT\ ` `l WATERS OF THE US \ \\ POTENTIAL NON -WETLAND OF THE US x STREAM 2 PERENNIAL POTENTIAL NON -WETLAND /�� I WATERS OF THE US WETLAND Lu POTENTIAL WETLAND Lu WATERS OF THE US af STREAM 1 l �� EPHEMERAL POTENTIAL NON -WETLAND WATERS OF THE US z Ln Lu � / / Il \� WETLAND A \ cc I � � _1� (�POTENTIAL WETLAND , ) I �_ — v o � \� � WATERS OF THE US LL d LL If NOTES: \\ 1) WETLAND/BUFFER DELINEATION PERFORMED BY WR ON 03/30/2022. 2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION. NO WithersRavenel lip Our People. Your Success. USFWS CONCURRENCE EMAIL & WR CONCURRENCE REQUEST From: Ellis, John To: Ricci. Alvssa; Mann. Leigh Subject: Fw: DUE DATE: DUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request Date: Thursday, August 4, 2022 1:48:04 PM Attachments: USFWS Concurrence Request- Flatiron Forest Subdivision 5.18.2022.odf The Service concurs with your determinations. John From: Mann, Leigh <leigh_mann@fws.gov> Sent: Wednesday, May 18, 2022 1:26 PM To: Ellis, John <john_ellis@fws.gov> Subject: DUE DATE: JUNE 16, 2022 Fw: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request Leigh Mann Office Automation USFWS Raleigh ES FO 551-F Pylon Drive Raleigh, NC 27606 Office: 1-919-856-4520 ext. 10 Fax: 1-919-856-4556 leiahh mann _fws.gov NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. From: Ricci, Alyssa <aricci@withersravenel.com> Sent: Wednesday, May 18, 2022 12:51 PM To: Mann, Leigh <leigh_mann@fws.gov> Subject: [EXTERNAL] Flatiron Forest Subdivision - Pittsboro, Chatham County - Threatened & Endangered Species Assessment Concurrence Request This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Ms. Mann, Attached is the report documenting our findings for the survey conducted for federally listed threatened and endangered species for the Flatiron Forest Subdivision in Pittsboro, Chatham Cou nty. We are requesting USFWS concurrence with our findings. Please let me know if you have questions, and thank you in advance for your assistance with this project. Alyssa Ricci 115 MacKenan Drive Cary, NC ''7511 Office: 919.469.3340 Direct 919.535.5151 arica(Dwithersravenel.com CONEIDENTIAUTY AND NONDISCLOSURE 40 WithersRavenel 40 Our People. Your Success. May 18, 2022 Mr. Pete Benjamin US Fish & Wildlife Service 551F Pylon Drive Raleigh, NC 27606 Re: Flatiron Forest Subdivision Pittsboro, Chatham County Threatened & Endangered Species Assessment Report - Request for Concurrence WR Project #02220132.00 Mr. Benjamin, WithersRavenel (WR) has conducted a site review of the Flatiron Forest Subdivision review area for the purpose of evaluating the presence of federally listed threatened and endangered species and/or potential habitat within the review area. The review area is 42.69 acres and consists of all of the one parcel (Chatham Co Parcel ID: 2014, 0.69 acres), and the 42-acre portion of the larger parcel (Chatham Co Parcel ID: 2037, 92 acres) located east of Hamlets Chapel Road in Pittsboro, Chatham County, North Carolina (Lat: 35.795104°N; Long:-79.128811°W). The review area is located within the Cape Fear River Basin (HUC 03030002) and drains to the Haw River. The NC Stream Index for the Haw River is 16-(28.75) and the Water Quality Classification is WS-IV; NSW, CA. WR surveyed the review area for the presence of federally listed threatened and endangered species, or their potential habitat, protected under the Endangered Species Act (ESA). This report summarizes the findings of the survey. Proposed Activities The review area is being assessed to determine the viability of the site for the future development of a residential neighborhood. Site Conditions The review area consists entirely of undeveloped woodlands and contains three streams and small wetland complex. The onsite woodlands were characterized as pine plantation forest. Based on a review of historical aerial imagery the property was logged/clearcut around 1985 and reforested with rows of planted pine trees between 1999-2005. Since 2005, the pine forest has been managed for silviculture, including periodic thinning of the pines. The vegetative community within the review area has been classified as pine plantation forest which has a dense canopy dominated by loblolly pine (Pinus toeda) and the understory sparsely vegetated with 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington ::WithersRavenel Our People. Your Success. American holly (Ilex opoca), Chinese privet (Ligustrum sinese) and Japanese stiltgrass (Microstegium vimineum). Threatened & Endangered Species Review Methodology WR reviewed the US Fish and Wildlife Service's online threatened and endangered species database, located at: http://www.fws.gov/raleigh/species/cntylist/nc_counties.htmi and the NC Wildlife Resource Commission's "State and Federally Listed Endangered Wildlife Species of North Carolina" publication, located at www.ncwildlife.org, to identify federally listed threatened and endangered species known to occur in Chatham County, North Carolina. WR summitted a request on 03/10/2022 for the official species list generated using USFWS' Information for Planning and Consultation (IPaQ, located at https://ecos.fws.gov/ipac/. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are six species (Red -cockaded Woodpecker, Cape Fear Shiner, and Harperella) that may be within the project area or affected by the project. The IPaC list has been provided as an attachment. WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 miles, as documented in the attached letter from NCNHP dated 03/10/2022. On 03/30/2022, WR conducted a pedestrian survey to assess vegetative communities and identify potential habitat for, or occurrences of federally listed species within or immediately adjacent to the review area. The review area contained one vegetative community (pine plantation forest) as discussed in the Site Conditions section of this report. Species SvnODSIs and Preliminary Assessment Results Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. Plants and animals classified as Proposed (P) are currently proposed for official designation of a protected species under the Endangered Species Act. The following table presents federally listed species on the IPaC list dated 03/10/2022. Page 2 of 6 ::WithersRavenel Our People. Your Success. Common Name Scientific Name Federal Habitat Biological Determination Status Present Federally Listed Species by USFWS for Chatham County Bald Eagle Haliaeetus leucocephalus BGEPA* No No Effect Red -Cockaded Picoides borealis E No No Effect Woodpecker Cape Fear Shiner Notropis mekistocholas E No No Effect Harperella Ptilimnium nodosum T No No Effect *BGEPA - Bald and Golden Eagle Protection Act Bald Eagle (BGEPA) Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. WR reviewed the NC Natural Heritage Program GIS data to determine the location of the known bald eagle nest sites and their distance from the review area. Based on the NCNHP GIS data, there are no known occurrences of bald eagle nesting/roosting sites within 1.0 mile of the review area. According to the 2022 NCNHP data, the nearest known bald eagle nest (EOID: 15747) is ±3.87 miles east of the review area. The US Fish and Wildlife Services' "National Bald Eagle Management Guidelines" (May 2007), specifies that activities taking place in excess of 660' from a Bald eagle nest will have no effect on the nesting activities. During the pedestrian surveys, no bald eagles or their nests were observed within or adjacent to the review area. Additionally, no bald eagles were observed in flight. The review area did not contain large dominant trees with unobstructed access that could be used for nesting sites. Furthermore, there is no potential foraging habitat within 2.0 miles and therefore a survey of the areas within 660' of the review areas was not required. Based on a lack of suitable nesting habitat, and lack of nearby records, WR concludes that the project will have No Effect on bald eagles. Biological Determination - No Effect Red -Cockaded Woodpecker (E) The red -cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat, typically 70 to 100 acres or more. The red -cockaded woodpecker is rarely found in deciduous or mixed pine - hardwoods. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. Optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass, forbs, and shrub species. Midstory vegetation is sparse or absent. Frequent fires maintain the quality of the RCW's habitat. The Page 3 of 6 ::WithersRavenel Our People. Your Success. foraging range of the RCW is normally no more than 0.5 miles. The review of the NCNHP GIS data did not identify any known occurrences of RCW within 1.0 miles of the review area. The onsite pine plantation forest is approximately 17-23 years of age based on historic aerials, making them much too young to be considered potential RCW nesting habitat. The pedestrian survey confirmed that there are no large, contiguous stands of mature pine dominated forest that could be potential RCW nesting habitat. A review of aerial photography determined that there are no large areas of mature pine forest within 0.5 mile of the review area sufficient to be considered suitable RCW nesting habitat. Therefore, the review area was not considered potential RCW foraging habitat. Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed project will have No Effect on RCW. Biological Determination - No Effect Cape Fear Shiner (E) The Cape Fear shiner is a small (approximately 2" long), yellowish minnow with a black band along the sides of its body. The Cape Fear shiner is generally associated with gravel, cobble and boulder substrates and is endemic to the upper Cape Fear River Basin in the Central Piedmont of North Carolina. The species is known to occur in tributaries and mainstreams of the Deep River, Haw River, Rocky River and Cape Fear River in Chatham, Harnett, Lee, Moore and Randolph Counties. The USFWS identifies the Critical Habitat Designation for the Cape Fear Shiner as being ±4.1 miles of the Rocky River from NC Hwy 902 bridge downstream to Chatham County Road 1010 Bridge, and ±0.5 river miles of Bear Creek, from Chatham County Road 2156 Bridge downstream to the Rocky River, then downstream in the Rocky River (±4.2 river miles) to the Deep River, the downstream in the Deep River (±2.6 river miles) to a point 0.3 river miles below the Moncure, NC, USGS Geological Survey Gauging Station. The USFWS designated critical area is located approximately 18.5 miles from the project, within an adjacent tributary. Constituent elements include clean streams with gravel, cobble and boulder substrates with pools, riffles, shallow runs and slack water areas with large outcrops and side channels and pools with water of good quality with relatively low silt loads (USFWS, Federal Register reference 9/25/87, Federal Register, 2: 36034-36039). The proposed project is outside of the designated critical area for the Cape Fear shiner. The ephemeral and intermittent streams located in the review area were not considered potential habitat due to the lack of water in these streams during portions of the year. The perennial stream within the review area was small and shallow only having a depth of water approximately 2-4". This perennial stream contained sandy beds and did not contain significant gravel or cobble substrates, and therefore was not considered suitable habitat. Based on being outside the designated critical habitat, the lack of potential habitat, lack of nearby records, WR concludes that the project will have No Effect on the Cape Fear shiner. Biological Determination - No Effect Page 4 of 6 ::WithersRavenel Our People. Your Success. Harperella (T) Harperella is a perennial herb that grows to a height of 6-36 inches with leaves that are hollow, quill -like structures. Harperella flowers from May until the first frost, and the small white flowers occur in heads, reminiscent of a small Queen Anne's lace flower head. Harperella is typically found on rocky or gravel shoals and sandbars and along the margins of clear, swift - flowing stream sections. The only known population in Chatham County is a recently re- introduced population in the Deep River after the original population known from that area disappeared. The ephemeral and intermittent streams located in the review area were not considered potential habitat due to the lack of water in these streams during portions of the year. The perennial stream was a small, low -flowing shallow stream that had a depth of water approximately 2-4" and therefore was not considered suitable habitat. Based on the lack of potential habitat, lack of nearby records, WR concludes that the project will have No Effect on harperella. Biological Determination - No Effect Summary The review area does not contain occurrences of, or potential habitat for the Bald Eagle, RCW, Cape Fear Shiner, or Harperella and the proposed activities will have no effect on these species. Therefore, based our findings and best professional judgment Section 7 consultation with the USFWS under the ESA is not required as the proposed project will have No Effect on federally listed threatened or endangered species known to occur in Chatham County. We request USFWS' review of the results of the of the threatened and endangered species for concurrence with our findings. Please feel free to contact me if you have any questions or concerns regarding the contents of this report. Sincerely, Alyssa Ricci Environmental Scientist WithersRavenel Troy Beasley Senior Environmental Scientist WithersRavenel Page 5 of 6 ::WithersRavenel Our People. Your Success. Attachments: 1) USGS Quadrangle Exhibits 2) Aerial Exhibit 3) Vegetative Communities Exhibit 4) Bald Eagle Location Exhibit 5) Chatham County Soil Survey Exhibit 6) USFWS Official Species List 7) NCNHP Project Review Letter 8) Photo Documentation REFERENCES 1. 2021 Natural Heritage Program List of Rare Plant Species of North Carolina. Edited by Laura Gadd Robinson. N. C. Natural Heritage Program; NC Department of Environment and Natural Resources. 2. 2020 Natural Heritage Program List of the Rare Animal Species of North Carolina. Compiled by Judith A. Ratcliffe. N. C. Natural Heritage Program; NC Department of Environment and Natural Resources. 3. Flora of the Southern and Mid -Atlantic States - May 2015 version by Alan S. Weakly, University of North Carolina Herbarium. 5. Natural Heritage Program Database Search at: https://ncnhde.natureserve.org/ accessed 01/07/2022. 6. NC Natural Heritage Program Project Review Letter dated 03/10/2022. 7. USFWS IPaC Official Species List dated 03/10/2022. Page 6 of 6 NO WithersRavenel % Our People. Your Success. USGS QUADRANGLE EXHIBITS �C v GRAPHIC SCALE 0 1000 2000 1 inch = 2000 ft.. END aj �o 5do- pnQ AN/ � ., ERiA "A P/t V 3 AF AF 1 I �v�o 0�ape/ ) J OAK HILLA ANOREWSSTORE RD V / `��/� :. B—Chap ! s �RFA. ' A-2 / „ ' _ v✓ Vim' �- a J� ter r�5o� L❑1CL \ � A ��P� n � 1 _ _ � FOS`ER LN PRESTON � N,ONai w� / / t� 7�SIANT Q \Q, MOUNTAIN LN 15 S 450�/\ / \f 501 �i HARENLPL�OJ j`\ I ~ ((( "45C � C� REVIEW AREA _ ��t o N,Lambeth; Lambe[h «tn\ I.Aoo, BYNUM 450 WES-350 iHAMP Q Burnett REo coow f Mtn < O �0 �BUPNETTE,M � Ln � O U 1s j- � Q old LL ADO T 5O' l x r J � bo 111 J 500 GRAPHIC SCALE 1 inch = 400 ft.ai �� II I ,yl �� \ ` �' •� i �� ` _ _ ro AF AF ct Ol V) " , REVIEW AREA 4- - �° o LL LLI ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT GRAPHIC SCALE 1 inch - 200 k. ro r REVIEW AREA J / WIL LLJ o LL -\ � ` �% � /( I' rug ��' I � ' � � \_\ � �i � �• ' ` \�,' \, C\\� � o ::WithersRavenel Our People. Your Success. VEGETATIVE COMMUNITIES EXHIBIT GRAPHIC SCALE o ioo zoo 1 inch = 200 R. 7 N a M C > N " ro rO N6 L REVIEW AREA x,. <._...: L Y 3W iM STREAM 3 PINE PLANTATION INTERMITENT FOREST ~ m_ X w w STREAM 2 Z PERENNIAL O U w LU LU U w STREAM 1 EPHEMERAL a r o a u s 16 0 z Z r � m � z 0 u (7) w a af 1, O` w u Z O r/ Q w r 00 �g a ::WithersRavenel Our People. Your Success. BALD EAGLE EXHIBIT sR d — � R Q _ _ D U�Pf'V E ppf SERVE TRL — _ l /LU UJ Lo IL AFAF is LLI T °oH bO�b9 �p% W m G� f (,p551TEH PD any vy Nag ' boo° <- LU ` / J ��. S➢E� //Ob HJN/jHJ OY31l91NlIOW 7 W � o a ��y 2yW ; ui Ito"et \ J P Cr p¢-•�• � ��JbJ slryO dI G ryW �r � / __ 'LhaPe(t� ��� n N{J'dO1NlV1 N\nOW� y T Ocq N7 m 1Q \ 09 o R O ftEs fA�� S W aOp la ON NOONtl3H d3M,, ii l �_ O wVYJ kN/IOy`' W ) yr$ J 0 r Dtl HJNYi1H•MJRE If � /f%��-� - r-� ( o ° \'^.\ 2 /, L J� •� Yv NOZfa�yl J vy `\1 I �\JfM N3.{VHkOObg 1 / k"7 O u W U 9 7 0 l Q LL o <)I- I CORE hLO�NfAIN RD 7 n +` ::WithersRavenel Our People. Your Success. CHATHAM CO. SOIL SURVEY GRAPHIC SCALE 0 zoo 400 1 inch "W�-, k* •1z V HO N c C Nro " r N6 L L 'IM V AFAF �j D Z 0 0 :Y—j N } LLJ V) O Q REVIEW AREA Z O .f > HeO ohC-�- ° z �o w= io ::WithersRavenel Our People. Your Success. USFWS OFFICIAL SPECIES LIST United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2022-0018370 Project Name: Flatiron Forest March 10, 2022 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.). 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 ECOS-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 ECOS-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 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 03/10/2022 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: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.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/birds/policies-and-regulations.php. 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/birds/bird-enthusiasts/threats-to- birds.php. 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/birds/policies-and-regulations/ executive-orders/e0-13186. php. 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. 03/10/2022 Attachment(s): • Official Species List 03/10/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 03/10/2022 Project Summary Project Code: 2022-0018370 Event Code: None Project Name: Flatiron Forest Project Type: Residential Construction Project Description: 02220132.00 Flatiron Forest Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.79556255,-79! 1295879470006,14z O 4' ¢ C Counties: Chatham County, North Carolina 03/10/2022 3 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. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Fishes NAME STATUS Endangered STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6063 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 Harperella Ptilimnium nodosum No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3739 STATUS Candidate STATUS Endangered 03/10/2022 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/10/2022 IPaC User Contact Information Agency: WithersRavenel Name: Alyssa Ricci Address: 115 Mackenan Drive City: Cary State: NC Zip: 27511 Email aricci@withersravenel.com Phone: 9192158619 ::WithersRavenel Our People. Your Success. NCNHP PROJECT REVIEW LETTER Roy Cooper, Governor W" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 March 10. 2022 Troy Beasley WithersRavenel 115 MacKenan Drive Cary, NC 27511 RE: Flatiron Forest; 02220132.00 Dear Troy Beasley: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17376 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one -mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerCo�ncdcr.aov or 919.707.8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rAc 276�0 OFC 919.707.9120 • FAK 919.707.9121 -I-- U) 0 LL c 0 ,Z-- cz H co 174 I ::WithersRavenel Our People. Your Success. PHOTO DOCUMENTATION ha. ►�. by-.e �,". �iR% �� ° 4��w, ��+� .. W>•.in.'eikw)< a. Rit c_ All ,� '� it �; �• , J � � i � ' V:i � �� V J . � �_ ::WithersRavenel Our People. Your Success. Photo 3: View of the perennial stream within the review area, facing upstream. Photo 4: View of the intermittent stream within the review area, facing upstream. Page 2 of 2 ::WithersRavenel Our People. Your Success. SH PO COMMENT LETTER North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 27, 2022 Alyssa Ricci WithersRavenel 115 MacKenan Drive Cary, NC 27511 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. ariccigwithersravenel.com Re: Construct Flatiron Forest residential subdivision, 625 Hamlets Chapel Road, Pittsboro, Chatham County, ER 22-1128 Dear Ms. Ricci: Thank you for your email of April 5, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. (1� Sincerely,�j �U Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 ■■ WithersRavenel lipOur People. Your Success. CHATHAM COUNTY BUFFER DETERMINATION LETTER WATERSHED PROTECTION DEPARTMENT CHATHAM COUNTY NoR'rm CAROIANA Alyssa Ricci Withers Ravenel 115 Mackenan Drive Cary, NC 27511 P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8394 Fax: (919) 542-2698 • E-mail: drew.blake@chathamcountync.gov • Website: www.chathamcountvnc.gov June 8, 2022 Project Name: Flatiron Forest — Mt Gilead Parcel # 2014 & 2037 Location: Hamlets Chapel Road, Chatham County Subject Features: One 1) ephemeral stream. one 1) intermittent stream segment, one 1) perennial stream segments, and six (b, potential wetlands Date of June 2, 2022 Determination: Explanation: The site visit was completed on June 2, 2022, by Drew Blake with Chatham County Watershed Protection and staff of Withers Ravenel on Parcel # 2014 and 2037 that are located within the Jordan Lake watershed. Withers Ravenel personnel completed a previous site visit which resulted in the identification of two (2) ephemeral stream, one (1) intermittent stream segment, one (1) perennial stream segments, and six (6) potential wetlands on the property. Withers Ravenel submitted a request for Chatham County to complete a formal review to determine if the features would be subject to riparian buffers according to Section 304 of the Chatham County Watershed Protection Ordinance. All points of origin, stream type transitions, and wetland boundaries were reviewed and agreed to in the field by all parties in attendance. One ephemeral stream segment (Feature B — Stream Form 2A) was removed as the segment did not meet the required 10 points for ephemeral streams. Required Riparian Buffers: All ephemeral stream segments will require a 30-ft buffer from the top of bank landward on both sides. All intermittent stream segments will require a 50-ft buffer from the top of bank landward on both sides. The perennial stream segment will require a 100-ft buffer from the top of bank landward on both sides. A 50-ft buffer will be required on all wetlands from the flagged boundary landward. Impacts to Riparian Buffers: Impacts to the riparian buffers may require a Riparian Buffer Authorization depending on the size and scope of the impacts. Please refer to Section 304 Q) (3) of the Chatham County Watershed Protection Ordinance to determine if your impacts will require a Riparian Buffer Authorization. If you determine that a Riparian Buffer Authorization is required please contact Drew Blake to receive the required application and submittal instructions. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by Chatham County, on parcels outside of the Jordan Lake WATERSHED PROTECTION DEPARTMENT CHATHAM COUNTY NoR'rm CAROIANA P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8394 Fax: (919) 542-2698 • E-mail: drew.blake@chathamcountync.gov • Website: www.chathamcountvnc.gov watershed, may submit a request for appeal in writing to the Watershed Review Board. A request for a determination by the Watershed Review Board shall be made in accordance with Section 304 of the Chatham County Watershed Protection Ordinance. Landowners or affected parties that dispute a determination made by Chatham County, on parcels inside the Jordan Lake watershed, shall submit a request for appeal in writing to NC DWR, 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27669-1650 attention of the Director of the NC Division of Water Quality. Should this project result in any direct impacts to surface water features (i.e., crossing and/or filling streams or wetlands) additional reviews may be necessary. Additionally, a Section 404/401 Permit may be required. Any inquiries regarding Section 404/401 permitting should be directed to the Division of Water Resources (Central Office) at (919)-807-6364 and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Respectfully, 09/mw B&tA� Drew Blake Senior Watershed Specialist, CESSWI Enclosures: Buffer Determination Exbibit with Buffers — Completed by Withers Ravenel NRCS Soil Survey — Completed by Withers Ravenel USGS Topographic Map — Completed by Withers Ravenel Withers Ravenel Stream ID Forms Withers Ravenel Wetland Data Form Major Subdivision Riparian Buffer Application Authorized Agent Form Authorization to Enter Property Form Site Photographs — provided by Withers Ravenel cc: Rachael Thorn, Director, Chatham County Watershed Protection Department Kimberly Tyson, Planner II/Subdivision Administrator, Chatham County Planning Department Hunter Glenn. Planner I, Chatham County Planning Department Angela Plummer, Planner II/Zoning Administrator, Chatham County Planning Department Jason Sullivan, Director, Chatham County Planning Department GRAPHIC SCALE 1 inch — 200 k. REVIEW AREA — , ��� \\ro J WETLAND F \� 51� WETLAND D \ \ I 50' CHATHAM CO. ` \ RIPARIAN BUFFERLL- \ w FEATURE C LL- (STREAM 3) FEATURE A (STREAM 1) � \��� LLJ O /r- �100' CHATHAM CO. RIPARIAN BUFFELLJ LLJ R LLJ LL FEATURE B // / _� \ v 3 (STREAM 2) C� EPHERMERAL S-1 START EPH 10 CHATHAM CO. RIPARIAN BUFFER w WETLAND A 0 z 0LL 0 af LL NOTES: 1) DELINEATION PERFORMED BY WR ON 03/30/2022. 2) WETLAND/STREAM/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, CHATHAM COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION. \ ■■ WithersRavenel lipOur People. Your Success. 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