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HomeMy WebLinkAbout20191008 Ver 2_Hillcrest (O'Neal Property) Supplemental Application Information; SAW-2018-02079; DWR#19-1008; Sage Project No. 2018.053_20231011SAGE ECOLOGICAL SERVICES ".21116 October 11, 2023 US Army Corps of Engineers Raleigh Regulatory Office Attn: Mr. Dicky Harmon 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Mr. Zachary Thomas 512 N. Salisbury Street Raleigh, NC 27604 Re: Hillcrest Subdivision (Formerly O'Neal Property) Request for NWP 29 & GC 4139 and Tar -Pamlico Buffer Authorization Sage Project # 2018.53 On behalf of ARS Hillcrest Development (applicant and owner) please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) and North Carolina Division of Water Resources (NCDWR) that the impacts associated with the activities described herein may proceed under Nationwide Permit (NWP) 29 and General Certification (GC) 4256. A Tar -Pamlico Buffer Authorization is also requested. Project Summary and Purpose The proposed project includes the construction of a residential subdivision with associated roads and utilities which will connect to existing adjacent infrastructure in the area. The +/- 73.94-acre project is located approximately 700 feet east of the Cedar Creek Road and Hill Road intersection in Franklinton, Franklin County, NC. Franklin County lists the eastern parcel PIN as 1863-64- 8819. The approximate center of the property is located at Latitude: 36.042551 ° N; Longitude: 78.4358580 W. The purpose of the proposed project is to construct a residential subdivision and associated utilities to meet the demand for housing in this part of Franklin County, NC. Project Detail The overall project consists of a single-family residential subdivision with 195-detached residential lots. Access to the subdivision will be off of Cedar Creek Road with several cul-de-sacs branching from the main subdivision road. Two Stormwater Control Devices (SCM)'s will be located in the western portion of the site. Proposed impacts from road construction, culverting, and lot fill will result in temporary and permanent impacts to streams, wetlands, and buffers. Utilities for the proposed project will connect to existing utility lines adjacent to the proposed project boundaries. Heavy equipment typically used for utility installation projects (e.g. back hoes, bull -dozers, etc.) will be utilized. Hillcrest Subdivision (Formerly O'Neal Property) Page 1 of 3 No federally threatened or endangered species are listed to occur within 1 mile of the site according to the NC Natural Heritage Program (NHP) Database (October 2023). See attached October 5, 2023 letter from NHP. The dwarf wedgemussel is known to exist within Cedar Creek which the site drains to. The stream being impacted is intermittent and does not contain suitable habitat within the impact area. No historic structures or districts are located on the Site. Project History Portions of the site have been forested or in agriculture since sometime prior to the earliest reviewed orthophotography (1994). It is likely that in the past it was utilized for agricultural purposes. Sage staff completed a wetland and stream evaluation and delineation in 2018. A jurisdictional field determination was held on November 30, 2018 with Mr. Andrew Williams (Corps) and Mr. David Gainey of Sage Ecological. A buffer verification was held with Mr. Ray Milosh of NCDWR and Mr. David Gainey of Sage Ecological on October 16, 2018. The proposed project was previously approved by the USACE on August 5, 2019 (see attached Verification SAW-2018-02079) and by NCDWR on August 28, 2019 (see attached DWR Approval Project No. 19-1008 Avoidance and Minimization Proposed roads were aligned to cross the drainage at a perpendicular angle so as to minimize impacts to streams to the maximum extent practicable. Lots were positioned so as to avoid lot fill in streams. Approximately 70 linear tributary feet (Tributary C and D) were avoided due to design considerations. Open space was provided around drainages containing jurisdictional streams and buffers. Wing walls were designed at the road crossing to reduce impacts to the stream and associated riparian buffers. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from runoff. Project Impacts The project will incur both permanent and temporary impacts to streams and riparian buffers as well as permanent impacts to a linear wetland. Stream impacts will result from dewatering, road construction, and culverting activities. Proposed permanent intermittent stream impacts total 107 Linear Feet (LF) as a result of a culvert installation, 12 LF associated with countersunk rip rap pad and 26 LF of temporary impacts as a result of concurrent dewatering activities associated with the road construction. Impacts resulting from road fill will permanently impact 0.002 acres of a linear riparian wetland. The Project is located within the Tar -Pamlico River Basin. Permanent buffer impacts proposed for the project include 7,645 Square Feet (ft2) in Zone 1 and 5,427 ft2 in Zone 2 resulting from the road construction. There are an additional 226 ft2 of Zone 1 impact and 210 ft2 of Zone 2 impact associated with a stormwater outfall. Hillcrest Subdivision (Formerly O'Neal Property) Page 2 of 3 Mitigation Permanent stream impacts are less than 0.02-acre, and wetland impacts are significantly less than 0.10-acre, therefore, no mitigation is proposed. Proposed impacts to the riparian buffer are considered "Deemed Allowable Upon Authorization" in the Table of Uses, therefore, no buffer mitigation is proposed. If you have any questions, please call me at (919) 559-1537. Sincerely, Sean Clark, PWS Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NC SHPO Map NCDWR Buffer Determination Letter PJD NCNHP Report Updated Impact Maps USACE 404 Verification (SAW-2018-02079) DWR 401 Authorization (DWR # 19-1008) Hillcrest Subdivision (Formerly O'Neal Property) Page 3 of 3 SAGE ECOLOGICAL SERVICES T. 20I, AGENT AUTHORIZATION FORM Name: Address: Phone: Email: Project Name/Description: Hillcrest Subdivision (formerly O'Neal Property) Sage Project # 2018.53 Date: / D , The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Dicky Harmon Field Office: Raleigh RFO NC Division of Water Resources 3800 Barrett Drive Raleigh, NC 27609 Attn: Zachary Thomas Regional Office: Raleigh RO Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) and North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Sections 401 and 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, valid only for government officials to enter the property when accompanied by Sage staff. P n Sa to arr nge a meeting prior t visiting the ite. BY: [ 1 d 1� J�� BY: Print Name of Landowner or Signs of n o er or Legal Representative Legs pre ntative 1 Map Location VAN WAKE NASH USGS Topographic Map Hillcreast Subdivision (formerly O'Neal Property) Sage Project #2018.53 Franklinton Quadrangle August 28, 2018 Legend t Project Study Area Figure 1 SAG E Sage Ecological Services, Inc. Office: 919-335-6757 J Cell:919-559-1537 � L R e Z ' ,. c aii. :I ,r ww ti �� � r , �1 mow-• � _ '. � F. IF e R r J -r WIM r R kw r 's Legend 7 Project Study Area Map Location NRCS Soil Survey Map Figure 2 Hillcreast Subdivision (formerly O'Neal Property) Sage Project #2018.53 Franklin County Sheet 9 August 28, 2018 SAGE Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 0 500 1000 ft s. F as G A ao4 n 3 Z F ` N G E w T V Whlo" Sam Joyner c House(Gone) FK0393 i Lance Dr ;rod m Jennie. Vu 3y ver Ridge Dr 3 LorO v V Q a Stone Rdg `m c O Q � iA Cason ` Alcock Ln v 0 y S c c J C O Kerigon Ln cL or Be y n Itldy Lq oL�ndhoQ� a y m Way x qa a'0 2 Derby I nt Beasley -Wrenn / Farm FK0834 o Cer/arhurst Ln °jRrdrje � C'.Ptietdv ,a 0e tlerrirr9bone Or o` o` Canterbury pra osa s� Torrir C,d a rgtort Ave �11 Ru narooke 0, Q- Oea co �� X\addin G`te� g3 0 C^ 9lon Dr aa` Oak Level �� �rJton Ave Robideaux GO Christian Church House and Barn FK0833 FK0441 Welts. a n C,hy w N O A ^ � r Harris -Frazier House FK0831 v 0 0 U f gee* W aa`G ¢ Q Project Study Area Beechwood, m 1-Mile Project Buffer GI p, yb ElStudy List iarb or oa3tC �' 0 Surveyed Only � Rd ��a = Surveyed Only - Gone 0- Map Location NC SHPO Map Figure 4 VAN2WARREN Hillcrest (O'Neal Property) Sage Project # 2018.53 NC Dept. of Natural and Cultural Resources 2023 SAGE Prepared by: P. BeachOctober 4, 2023 N 1 inch = 1,800 feet WAKE Sage Ecological Services, Inc. 0 1,500 3,000 Office:919-335-6757 Feet Cell: 919-559-1537 K. Watcr Resources October 17, 2018 d'-:aiIIe% W %aReecIIIw,-iczII'Com Determination Type: Buffer j Intermittent/Perennial ROY COOPER MICHAEL S. REGAN LINDA CULPEPPER Subject: Buffer Determination Letter NBRRO 018-367 Franklin County ] Neuse (15A NCAC 2B .0233) ® Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan 05A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Prajecl Name: Address, Location: Stream(s): 'Neal Site 0 Cedar Creek Road, Y UT to Cedar Creek Determination Date: October 16, 2018 Staff: Ray Milosh Stream VIM* Not Subject Subject Start(i Sto (ri Soil Surrey USGS To o Stream A I X Flag "SAO I start" X Strcam B P X X Strcam C P X X X *EIL'P - Ephemr rrrlllntrrriiitte rNlPrr•enriierl Explanation: The streant(s) listed above has been located on the :must recent published MRCS Soil Survey and/or the most recent copy of the USGS Topographic map at a 1:24.000 scale. Each stream that is checked "Not Subjcci" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream_ There may be other streams located on the property that do not show tip on the mars referenced above but may be considered .jurisdictional according to the US Army Carps of Engineers. 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 the DLY'R may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by tite Director shall be referred to the Director in writing. If sending via I -IS Postal Service: c/o Karen Higgins; D if R — 401 & Buffer Permining Unit; 1617 Mail Service Cc n ter, Raleigh. NC 27699-1617. If sending via delivei3, service (UPS, FedEr, etc.): 1(rtren Higl;ins; D;VR — 401 & Buffer Permitting Unit, 512 N. Salishuri> Street; Raleigh, NC27604. `r Noifitirtg Cctmp.tr t•-. state M-North Czuohla [ l:cx ia}nnu•wal Quake% 1611 A9aiI So%iec ('oiler I Ilaleigh, North Car,iIma 27699-1(111 919-707JA)EX) This determination is final and binding unless. as detailed above,_ unless an appeal is requested within sixty (60) days. This project may require a Section 404l401 Permit for the proposed acti►•ity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination. please feel free to contact Ray Milosh at (919) 7414240, Since y, Danny Smith Super -visor. W ;�r Quality Regional Operations Center cc: RRO DWR File Copy O'Neal Site Franklin County, NC-DWR Project # 18-367 Stream EIIIP* Not Subject Subject Start(w Stop(& Soil Surve USGS Tn o Stream A I X Flag "SAO1 X Stream B* P X X Stream C* P X X X * Streams B and C do not appear to be within 50 ft of the property �+ SfA7£� NMN 3 Locations are approx- Legend: rW,_' imate and are provided -project boundary ' for reference only w•x � ,�,, LI �..J U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02079 County: Franklin County U.S.G.S. Quad: Franklinton NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Sage Ecological Services Inc David Gainey Address: 3707 Swift Drive Raleigh, North Carolina 27606 Telephone Number: 919-771-9136 Size (acres) 74 (approximate) Nearest Town Younesville Nearest Waterway Brandy Creek River Basin Pamlico USGS HUC 03020101 Coordinates Latitude: 36.042457 Longitude:-78.436298 Location description: The 74 acre (approximate) site is located immediately northeast of theintersection of Cedar Creek Road and Hill Road in Youngsville, Franklin County, North Carolina (See map attached to PJD form). Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, 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. 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 are wetlands on the above described 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 overall 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 of the U.S. on your 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 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 of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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. Page 1 of 2 SAW-2018-02079 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 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 of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 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 Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(&usace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: USACE site visit conducted on 30 November 2018 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 for Approved Jurisdiction Determinations (as indicated in Section 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: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 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 Division Office if you do not object to the determination in this correspondence. I � ] Digitally signed by WILLIAMS.ANDREW.E.1244561655 [N DN: c=US, o=U.S.1L Government, ou .1244DoD, 61655 , ou=USA, cn=WILLIAMS.ANDREW.E.1244561655 Corps Regulatory Official: Date: 2018.11.30 13:51:33 -05'00' Date: November 30, 2018 SAW-2018-02079 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 http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Copy Furnished (via email): Sean Clark Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, North Carolina 27606 Stephanie Goss North Carolina Department of Environmental Ouality Water Resources Water Ouality Regional Operations Section 1628 Mail Service Center Raleigh, NC 27699-1628 SAW-2018-02079 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL JL Applicant: David Gainey Sage Ecological Services Inc File Number: SAW-2018-02079 Date: November 30, 2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.asi)x or Corps regulations at 33 CFR Part 33 A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2018-02079 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMI REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Stream EIIIP* Not Subject Subject StartC&, Stop@a Soil USGS Stream A I X Flag "SAOI start" X Stream B* P X X Stream C* P J X X X * Streams B and C do not appear to be within 50 ft of the property �. STAr� K Locations are approx- legend: J�; ± - - imate and are provided ' -Project boundary for reference only �,.n�- , `�r Roy Cooper, GlUVeMOF a� ■■P NC DLPARTMENT OF us :J RE ■■ NATURAL AND CULTURAL RESOURCES R October 5, 2023 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: ONeal Property; 2018.53 Dear Kim Hamlin: D. Reid Wilson, Secretary Wity Buchanan Deputy Director, Natural #tentage P€opam NCNHDE-23543 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within 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. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: htti2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please 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 not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AN CULTURAL RESOURCES 121 W. JONES STREET. RALEEV i, NC 27603 • IC81 wiWL SERVICE CENTER. PALE GK NC 27G99 OFC 919.70Z9120 • FAX 919 707 90 \ M - m g e 2 y / ( o e Z m D < u t e / / m , 66 / % �� \ E ®/ / \j \ y� ° _ \\ \ \\ / / ° cz \ s£ {> 6 \ 2\4\4 �\ / .\ u \ \ \ ± 42 u 2J ° \§ 3\ [ E \ ( © ƒ - « e u e =\ s\666 �/ �\ \tm&# e \ % e \ \ / \ ^ © _ ® y \%\ g e\ y E \t0Z c\ *\(\\ \ ) ( 4 °Z.£uU < \ c/ O Z \ 5 t O m N © ® \ u e \\ ± E / a)} < / ® _ - \ / ID { s / > s a)/ / % e / ° » m _ 0 © _ } z 6 2Z U a)0 / m S j\ u 5\ 2 \ \ \ / \ ® E :{ §s \ } 7 E \ /U / \ \\ z = O \ » O e -0\ E m p C / LU se g 2 �{ ƒ \ / / \ \ ƒ \ / ® D U J \[ D% - \ \ \ t e 0)F (D E.g a E \ \ \ / \ % \\ / // / /\ / \ ) e @ / E (D e t y m \ % {/ / \ / \ § } < �\ u ° e\ \ _[ O \ \ \ / E [ \ \ \ � / /\\IN\\\\ / / \\ ul / _ CL O L a- Z 0 Nt LO co 1 W 2 Z U 66q- Ada✓ T JS4 � � C C r T Py speo�ss e us Ln v co N p� a a m` d v p a = v py faa1J1 Ppa J A� ds U w Ptf 6unoA•6uip�oH ad J FA aJ PH IH � Pv �daJ a� Q AA S o a a 4 J v y D� V z+ I r M J.A,H -s wm mIs @ w , �__�80. asa�_�Die x9aOd &-ft-amm mmaog»w #awma3iN 6t7ZS! I mn._m Aued■OhN@qiH p'IN,m@3,gv NO aam§nsl RID1 mH � m � 9 co § :x Lu \j\ # �\j 6( m ^ 0-< \\ ) f §§ \)\ \ 0 « \ § ƒJ§ /\§ §\ \ }�\\\� )q \) (00 ,=Z 0 010 345 340 335 330 325 320 PR POSED GRADE RETAIN NG " W/L RETAINING WALL ( YR) WALL ( YR) 4 " RCP 24" RCII PROP. RIP RAP XISTING 3RADE 8" S/ 345 340 335 330 325 320 9+50 10+00 10+50 11+00 11+50 PG:340.00 PG:340.69 40 0 20 40 80 SCALE: 1"=40' PROJECT NO: HILLCREST SUBDIVISION - The Nau Company - CmdlnQCldbWnm FRANKLIN COUNTY, NC SCALE: 1" 40' PO Box 8101 Rolesville. NC 27571 SATE: 2023 09 23 919�435-6395 CROSSING PROFILE - STREET "F" NCBELS License P-0751 SHEET NO: EXHIBIT #2 �x x x x-- 1 \ X X } < X X X X X X } X X X X X X X } X X X X X X X X } 1 X X X X X X X_ X X } 133 X X X X X X X X X } < X X X X X \ \X X X X 115'X10'X22" X X X NCDOT CLASS B RIPRAP X X x% X X } I X X X } RIP RAP IMPACTS X X X X } 210 SF (0.005 AC.) ( X X BONE 2 IMPACI X X X X } RIP RAP IMPACTS X X 226 SF (0.005 AC.)1 ZONE 1 IMPACT X X } I I X X } X X X I X X X I X X X X } X X X X X X } X X } � I X X X I \ RIP RAP IMPACT TOTALS 226 SF (0.005 AC) ZONE 1 BUFFER IMPACT 210 SF (0.005 AC) ZONE 2 BUFFER IMPACT 436 SF (0.010 AC) TOTAL BUFFER IMPACT 40 0 20 40 80 SCALE: 1"=40' PROJECT NO: HILLCREST SUBDIVISION - The Nau Company = C=ftIPQCNI eaa bWn FRANKLIN COUNTY, NC SCALE: 1" 40' PO Box 8101 Rolesville. NC 27571 DATE: 2023-09-23 919435-6395 RIP RAP BUFFER IMPACTS NCBELS License P-0751 SHEET NO: EXHIBIT #3 Kim Hamlin From: Kim Hamlin Sent: Friday, August 18, 2023 8:55 AM To: 401 PreFile Subject: Notice of intent to file 401 - O'Neal Property - Franklin County To whom it may concern, This email serves as our notice of intent to file a 401 application for the +/-74 acre O'Neal Property located northeast of the intersection of Cedar Creek Road and Hill Road in Franklin County, NC. Thank you, Kim Hamlin Kim Hamlin, PWS Sage Ecological Services, Inc. Cell: 919.622.7888 KHamlin@SageEcological.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02079 County: Franklin U.S.G.S. Quad: NC-Franklinton GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mary O'Neal Property — Hillcrest Subdivision O'Neal Mary Address: Attn: Mr. Wayne Choplin 12225 O'Neal Road Wake Forest, NC 27587 Telephone Number: (919) 426-1795 E-mail: wchoplin()vahoo.com Size (acres) 73.94 Nearest Town Youngsville Nearest Waterway UT to Cedar Creek River Basin Tar River USGS HUC 03020101 Coordinates Latitude: 36.042258 Longitude:-78.436307 Location description: Approximately 74 acres located immediately northeast of the intersection of Cedar Creek Road and Hill Road, in Youngsville, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into 131 linear feet of stream channel associated with culvert installation for a road crossing for Hillcrest Subdivision. In addition, the proiect will temporarily impact 26 linear feet associated with cofferdam construction and dewatering associated with culvert installation. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 29. Residential Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 7/26/2019, and the enclosed plans titled Hillcrest Subdivision dated 7/17/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Andrew Williams at (919) 554-4884, Ex. 26 or Andrew.E.Williams2(d),usace.army.mil. Digitally signed by Corps Regulatory Official; GIBBYJEAN.6.1229783633 GDate:2 BBYJEAN.B19.08..12 08050829:57 for Andrew Williams :8363-00'00' Expiration Date of Verification: 03/18/2022 Date: 08/05/2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f'?p=136:4:0 Copy furnished: Agent: Sage Ecological Services, Inc. Sean Clark Address: 3707 Swift Drive Raleigh, NC 27606 Telephone Number: (919) 771-9136 E-mail: sclark(a),sageecological.com Action ID Number: SAW-2018-02079 County: Franklin Permittee: Mary O'Neal Property — Hillcrest, O'Neal Mary Project Name: Hillcrest Subdivision Date Verification Issued: 08/05/2019 Project Manager: Andrew Williams Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Andrew Williams Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or Andrew.E. Williams2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date €tOY COOPER Governor, MICHAEL S. BEGAN serretrary LINDA CULPEPPER Dimcmr August 28, 2019 Wayne Choplin 12225 O'Neal Road Wake Forest, NC 27587 NORTH CAROLING Environmental Qual" DWR #19-1008 Franklin County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS Hillcrest Subdivision Dear Mr. Choplin: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July.26, 2018 with payment received on June 30, 2018. The impacts are covered by the attached General Water Quality Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers (USACE)..Please note that you should get any Other federal, state or local permits before proceeding with your project; including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and.Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. s North carulinu 1)rirartment rat EnvironmuE:ial Quality I Divl�ion of ftwt r Resoun es _ Raleigh Rrgioral Office ! 3600 Barrrtz Drive 1 RnlcPgh.Nw th Carolina 27609 x�ei��•:M,�wW cra:Zm.ur w« ,. �f i19.7y1.�1'2U0 Hillcrest Subdivision ❑WR #19-1008 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Fill 0.002 (acres) 0 (acres) Stream S1: Road Crossing -Fill & Culvert 131 (linear feet) 0 (linear feet) S2: Road Crossing-Dewatering 0 (linear feet) 26 (linear feet) Buffers — Zone 1 B2: Road Construction 4,786 (square feet) 0 (square feet) B3: Road Construction 0 (square feet) 1,392 (square feet) Buffers — Zone 2 B1: Sewer Easement 509 (square feet) 0 (square feet) B2: Road Construction 4,374 (square feet) 0 (square feet) B3: Road Construction 0 (square feet) 1,613 (square feet) B4: Lot Fill/Grading 0 (square feet) 1,539 (square feet) Z. Stormwater Management Plan [SMP] Approval from Local Community Required The starmwater management plan (SMP) must be approved by Franklin County and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from Franklin County. [15A NCAC 02H .0506(b)(3)] 3. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules 115A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 4. Protective Fenci The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure H111crest Subdivision DW R #19-1008 401 AND BUFFER APPROVAL Page 3 of 4 compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] This approval is for the purpose and design described in your application. The plans and specifications far this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 'If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507�d)(2)1 This approva1,and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearingto the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:llwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Friday between 8:00am and 5:00pm, excluding official state.holidays). if sending by First Class Mail via the US Postal Service: Office.of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mall via the US Postal Service: Karen Higgins NC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Hilicrest Subdivision DWR i#19-1008 401 AND BUFFER APPROVAL Page 4 of 4 if sending vier delivery service (e.g. UPS, FedEx): !Caren Higgins NC DWR -- 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or ste hanie. ass ncdenr. ov if you have any questions or concerns. Sincerely, ck Bolich, L.G. Assistant Supervisor, Water Quality Regional Operations Section Enclosure: GC 4139 cc: U.S. Army Carps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RR❑ 401 files DWR RRO 401 & Buffer file via Laserfiche Sean Clark via e-mail at sclark@sageecolopical.com