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20240705 Ver 1_PCN Attachments_Southerland Mills_20240517
PCN Attachments 1. AGENT AUTHORIZATION 2. USGS TOPO VICINITY MAPS (ONSITE & OFFSITE) 3. NRCS COUNTY SOIL SURVEY VICINITY MAPS (ONSITE & OFFSITE) 4. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 5. S&EC OFFSITE SKETCH MAP 6. NCDWR BUFFER DETERMINATION LETTER 7. S&EC THREATENED & ENDANGERD SPECIES REPORT 8. STATE HISTORIC PRESERVATION OFFICE LETTER 9. IMPACT MAP SET (COVER, DELINEATION SKETCHES) 10. EXISTING CONDITIONS MAPS (E-1.01 - E-1.05) 11.OVERALL PLAN MAPS (P-1.01 - E-1.07) 12. STREAM CROSSING PROFILE SHEETS (PP-1.01 - PP-1.02) 13. IMPACT EXHIBITS (IMP-1.01 - IMP-1.02) 14. STREAM CROSSING DETAIL (D - 1.00) 15. STORMWATER MANAGEMENT PLAN APPROVAL -TOWN OF WILSON'S MILLS 16. POST DEVELOPMENT DRAINAGE AREA MAP Environmental Consultants, F,412 1'a& of .Neusc Road, Suite I W, Raleigh, NC 27615 • Phone: ()19) W-51M smidec.com AGENT AUTHORIZATION Project Name/Description: Southerland Mills S&EC Project # 14076 Date: 8/3/22 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Chris Hopper Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Numbers) (PIN): 169701-57-0173 Site Address: Southerland Rd City, County, State: Cla ton Johnston County, NC APPLICANT INFORMATION: Name: Capital Properties of Raleigh IX. LLC Mailing Address: 3724 National Drive, Suite 215, Raleigh, NC 27612 Telephone Number: 910-233-8581 Email: andy@shenandoahhomes.us Andy Yrills, PE Appli nt (plea. A Date 8322 We hereby cer 'f the abo ve informa ion submitted in this application is true and accurate to the best of our owledge. 2 A i Ys 1Ce Celi'I 250 J nes_ errr -o Ul - - - �RYFRKNOZL.D RIVER . Project Number: Map Title: ]�J 14®76.w I Project Manager: USGS Map SB Wlson's Mills fire Department Road Scale: Johnston County, NC Source: Soil & Environmental Consultants, PA ®ate: 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Phone: (919) W-5900 • Fax: (919) 846-946 01 / 1 7/202 1 Selma 20l 9 U5G5 Quad—deo.com 01—MO100 R k � Y s� R# har V3rlson Cerro C rn s O Vinson 13 .R: Nl� �ilsons &ills Project Number: Map Title: N 14076.W7 0 500 1,000 2,000 Project Manager: Figure 1 - USGS Map SB Southerland Mills Feet Scale: Offsite 1 " = 1000' Source: soil & Environmental Consultants, P Date: 2019 NC Selma Quad 8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-946 02/16/2023 amde°°°m 3 T �} r— rr+�rl+ Lk a NO L Par t +r r r - W t a MaD i Pa y _jr- t Fla y �f r r r PD 4 — 6 i LP J pan y WI c . + _arr •h L BR Ch n1 ' Nk-B % Tn f Pa r f a ram' MAO �w Jr A GSA �- MaA . Tart A Project Number: Map Title: ]�J 14®76.W I Project Manager: Sod 5u Vey Map SB Wlson's Mills fire Department Road Scale: I 1000' Johnston bounty, NC " = Sources Soil &Environmental Consultants, PA Date: 8412 Falls of Ne.. Road, Suite 104, Raleigh NC 27615 • Phone: (919) 846-5900 • F-: (9l9) 846-946 01 / 1 7/202 1 Soil Survey Sheet 7—dee.com Maki a M a B { Mae / WA GCO 00 + *. � r 1� • r #1 A N Meg AmB '' D MaA - = BoA paG� ucs PAD M -% , Pa "-:�A •' MaA UcB MaB A7 . • ` M�,B NIaB &AID in t _. i �' MaA Cet Project Number: Map Title: N 14076.W7 0 500 1,000 2,000 Project Manager: Figure 2 - Soil Survey11 SB Southerland Mills Feet Scale: Offsite 1 " = 1000' Source: Soil & Environmental Consultants, P Date: Johnston County Soil 8412 Fa11,ofN.— Road, Suite 104, Raleigh, NC 27615•Phone:(919)846-5900•F—(919)846-946 02/16/2023 Survey Sheet 7 .d-- El U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02386 County: Johnston U.S.G.S. Quad: NC -Selma NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Spangler Environmental Lisa Long Address: 4338 Bland Road Raleigh, North Carolina 27609 Telephone Number: 919-875-4288 E-mail: lisa(&spanglerenvironmental.com Size (acres) 216 Nearest Waterway Neuse River USGS HUC 03020201 Nearest Town Clayton River Basin Neuse Coordinates Latitude:35.608528 Longitude:-78.346217 Location description: The site is mostly clear-cut except for mature trees along streams and the Neuse River Floodplain. It is located north of Fire Department Road and west of the Neuse River in unincorporated Clayton, Johnston County NC. 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 11/4/2021. 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. SAW-2021-02386 ❑ 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 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 Christopher Hoover at (919) 554-4884 (05) or christopher.d.hopper(&u sace. army.mil. C. Basis For Determination: See the preliminary iurisdictional determination form dated 03/04/2022. D. Remarks: PJD applies only to resources within the red `Development Boundary' shown on the attached map. Wetland WF was delineated in its entirety and occurs on the owner's property, so it was retained. However, additional wetlands occur within the tree line along the Neuse River Floodplain and are not shown. Streams SE and SD are spring features roughly 10 feet wide. Lines shown are a heavier line -weight to capture these resources. 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 PHILIP.A. SHANNINgU SACE.ARMY.MIL SAW-2021-02386 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.** Corps Regulatory Official: - � � rY Date of JD: 03/04/2022 Expiration Date of JD: Not applicable 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: Property Owner: Capital Properties of Raleigh IX, LLC Andy Mills Address: 3724 National Drive, Ste 220 Raleigh, North Carolina 27612 Telephone Number: 910-233-8581 E-mail: andynshenandoahhomes.us NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND FA REQUEST FOR APPEAL licant: S an ler Environmental, Lisa Lon File Number: SAW-2021-02386 Date: 03/04/2022 ttached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) 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 or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFE Part 331. 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 district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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 PERMIT 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. PHILIP A. SHANNIN Attn: Christopher Hopper ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL 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 opporturn to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Christopher Hopper, 69 Darlington Avenue, Wilmington, North Carolina 28403 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04-MAR-2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Spangler Environmental, Inc. Lisa Long 4338 Bland Road Raleigh, North Carolina 27609 919-875-4288 lisa@spanglerenvironmental.com C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW, 450 Southerland Road / Clayton NC / Johnston County, SAW-2021-02386 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Johnston County City: Center coordinates of site (lat/long in degree decimal format): Lat.: 35.6085280 Long.:-78.3462170 Universal Transverse Mercator: 17 Name of nearest waterbody: Neuse River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: X Field Determination. Date(s): February 8, 2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 PA 35.605032 -78.345249 0.31 acres Non -wetland waters Section 404 SA 35.605428 -78.344551 2155 feet Non -wetland waters Section 404 Sc 35.609488 -78.344551 1693 feet Non -wetland waters Section 404 SD 35.60991 -78.342788 210 feet Non -wetland waters Section 404 SE 35.609775 -78.342742 89 feet Non -wetland waters Section 404 SF 35.610566 -78.346984 1368 feet Non -wetland waters Section 404 SG 35.612407 -78.348457 1661 feet Non -wetland waters Section 404 WA 35.605118 -78.345498 0.12 acres Wetland Section 404 WB 35.606775 -78.345947 0.03 acres Wetland Section 404 We 35.607343 -78.345521 0.06 acres Wetland Section 404 WD 35.607842 -78.345471 0.12 acres Wetland Section 404 WE 35.607842 -78.345471 0.02 acres Wetland Section 404 WF 35.610574 -78.342373 0.07 acres Non -wetland waters Section 404 WG 35.606171 -78.351361 0.74 acres Wetland Section 404 WH 35.605174 -78.344496 0.07 acres Non -wetland waters Section 404 WI 35.604845 -78.345832 0.03 acres Non -wetland waters Section 404 WJ 135.604927 -78.345565 10.004 acres I Non -wetland waters I Section 404 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. Page 1 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 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 JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs 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 AJD 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 AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD 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 AJD 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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 AJD 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 subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: ' 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. Page 2 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: _X_ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Spangler Environmental Map: Southland Mills Stream & Wetland Delineation Map (October 2021) _X_ Data sheets prepared/submitted by or on behalf of the PJD requestor. _X_ Office concurs with data sheets/delineation report. _ Office does not concur with data sheets/delineation report. Rationale: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: _ USGS NHD data. _ USGS 8 and 12 digit HUC maps. _X_ U.S. Geological Survey map(s). Cite scale & quad name: Selma, NC USGS 7.5 min quad _X_ Natural Resources Conservation Service Soil Survey. Citation: Johnston County Soil Survey Sheet 7 National wetlands inventory map(s). Cite name: State/local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) _X_ Photographs: _X_ Aerial (Name & Date): NC OneMap true color (undated) _ or _X_ Other (Name & Date): Site Photos (growing season — undated) 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. 6�� March 4, 2022 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' 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. Page 3 of 3 + ► 1 .X e 1 250 500 1,000 1,500 2,000 Feet 1 •. r 1 . 41 5 S c-: E ri, M � r, G- • Ey-, E rt st r G- gr p is , CNES/Airbu DS, USDA, USES, Aer•GRID, IGN, nd t e GIS U er C mmu ity 5 D t led D 1 at f W t o f th US - ? F <, WR *tom .WN ._� �g m S- °A t 1 it I,i F ,l 4 r. l 1 Ilq�, i Legend Property Boundary t Otfsite Forcemam Boundary �� '" , + ��.,• ,-s �� ,_,.� _ ...; t - -A.— Potentially Jurisdictional Perennial Stream , Potentially Jurisdictional Wetland ,�'' n•- t Potential 50' Neuse River Butter 2' Contours' > y' Wetland Sketch Map —jl N.. scale: SoutkflmdM's 0 250 500 1,00 Mte Soil & Environmental Consultants, PA Offsite 2W Prof,Mgr.: OLi]I2023 5B „ Preps by:JH ssRaeNrvcx]5(s P000.:ry(slesssvoa ccom ea.:(v�v)aw5a5'i Feet DocuSign Envelope ID: BAA684A3-2ED2-4307-B474-174029148C34 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 11 /22/21 Contact: Capital Properties of Raleigh IX, LLC Address: 3724 National Dr, Suite 220 Raleigh, NC 27612 Subject: Buffer Determination Letter NBRRO # 21-347 County: Johnston Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location Stream(s): Southerland Mills 450 Southerland Rd. Clavton. NC Neuse River Determination Date: 11/19/21 Staff: Joe Myers Feature E/UPM Not c2) Subject Subject Start @ Stop @ Soil Survey USGS To o A I X Present Throughout X X A Pond NA X X B E X X C I X Start: Spangler Flag (35.606856,-78.347794) Stop: Off Property X X D E X X E E X X F I X Start: Spangler Flag (35.608842,-78.347794) Stop: Off Property X X G I X Present Throughout X X H NP X Not Present X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. �� North Carolina Department of Environmental Quality I Division of Water Resources DE ERaleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH OAACLINA Dh tdE,WW^ ^v1Qua1 V 919.791.4200 DocuSign Envelope ID: BAA684A3-2ED2-4307-B474-174029148C34 450 Southerland Rd, Clayton, NC Johnston County 11/22/21 Page 2 of 2 Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213, and may be considered jurisdictional according to the US Army Corps 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 DWR 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 the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. 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 Joe Myers at (919) 791-4248. Sincerely, DocuSigned by: Sit 4 BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Contact via e-mail at Lisa(c-r�,spanglerenvironmental.com OeparMen! of EnNranmenlal Qualll� North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: BAA684A3-2ED2-4307-B474-174029148C34 21-347 Southerland Mills Johnston �a 5r 7-,E Map provided by Spangler "Y Legend: Environmental �� a y `,`'A Locations are approximate -Approximate Site Boundary: Q C� and are provided for refer- -Approximate Start/Stop Point * `&u;' ence only :: DocuSign Envelope ID: BAA684A3-2ED2-4307-B474-174029148C34 21-347 Southerland Mills Johnston F� a Feature G: Subject � e Feature F: Subject Feature H: Not eO Subject�f r,'J r s� ilk . _w� ., Mi.. I ture C: Subject :%i Feature A: Subject �! 1' n F Feature A Pond: r Subject E KnYn. Legend: -Approximate Site Boundary: = co -Approximate Start/Stop Point Map provided by Spangler Environmental Locations are approximate and are provided for refer- ence only :: P Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service February 7, 2022 Raleigh Field Office S&EC Project No: 14076.W1 P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Southerland Mills, Wilson Mills — Johnston County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review February 7, 2022 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of. A planned residential development that is proposing impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. Southerland Mills (35.607804,-78.345228). The site is located off Fire Department Rd, Wilson Mills — Johnston County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com February 7, 2022 S&EC Project No.: 14076. W 1 To: Shenandoah Homes, LLC Attn: Andy Mills, PE 3724 National Drive, Suite 215 Raleigh, NC 27612 Re: THREATENED & ENDANGERED SPECIES REPORT Southerland Mills (+/- 215 acres) Fire Department Rd, Wilson Mills, Johnston County, NC Dear Mr. Mills: On January 25, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Southerland Mills property shown on the attached maps for potential endangered species. The property is located off Fire Department Rd in Johnston County, NC. Surface waters on -site flow into Neuse River in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Southerland Mills - S&EC Threatened & Endangered Species Report Page 1 of 6 February 7, 2022 S&EC Project #14076.W1 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis), Endangered • Neuse River Waterdog (Necturus lewisi), Proposed Threatened • Carolina Madtom (Noturus furiosus), Proposed Endangered • Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified one natural area and one managed area within the project area or within one mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. A large portion of the uplands have been either clear cut or thinned. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. NEUSE RIVER WATERDOG (Necturus lewisal: S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Southerland Mills - S&EC Threatened & Endangered Species Report Page 2 of 6 February 7, 2022 S&EC Project #14076.W1 Our preliminary survey concluded that potential suitable habitat does exist on -site. The perennial along the northern property line is +/-6ft with medium baseflow and had a sandy cobble substrate The Neuse River abuts the northeastern property boundary. There are no proposed impacts to the Neuse River. There is proposed open space and SCM measures between the suitable habitat and residential areas. Additionally, the 1st order streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would "May affect, not likely to adversely" the Neuse River Waterdog. CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does exist on -site. The perennial along the northern property line is +/-6ft with medium baseflow and had a sandy cobble substrate The Neuse River abuts the northeastern property boundary. There are no proposed impacts to the Neuse River. There is proposed open space and SCM measures between the suitable habitat and residential areas. Additionally, the 1st order streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would "May affect, not likely to adversely" theCarolina Madtom. ATLANTIC PIGTOE (Fusconaia masona): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did Southerland Mills - S&EC Threatened & Endangered Species Report Page 3 of 6 February 7, 2022 S&EC Project #14076.W1 not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does exist on -site. The perennial along the northern property line is +/-6ft with medium baseflow and had a sandy cobble substrate The Neuse River abuts the northeastern property boundary. There are no proposed impacts to the Neuse River. There is proposed open space and SCM measures between the suitable habitat and residential areas. Additionally, the 1st order streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would "May affect, not likely to adversely" the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does exist on -site. The perennial along the northern property line is +/-6ft with medium baseflow and had a sandy cobble substrate The Neuse River abuts the northeastern property boundary. There are no proposed impacts to the Neuse River. There is proposed open space and SCM measures between the suitable habitat and residential areas. Additionally, the 1st order streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would "May affect, not likely to adversely" the Dwarf Wedgemussel. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one Southerland Mills - S&EC Threatened & Endangered Species Report Page 4 of 6 February 7, 2022 S&EC Project #14076.W1 mile of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb nesting bald eagles". We believe no Eagle Act Permit is required NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities." Due to the nature of the project being residential development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Southerland Mills - S&EC Threatened & Endangered Species Report Page 5 of 6 February 7, 2022 S&EC Project #14076.W1 Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. January 17, 2022. 7. NHP report: January 17, 2022. 8. S&EC — FWS Species Conclusion Table. February 7, 2022. 9. S&EC — FWS Self -Certification Letter. February 7, 2022. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaQ & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version 1.2. March 2017. Atlanta, GA. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile. https://www. fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ Southerland Mills - S&EC Threatened & Endangered Species Report Page 6 of 6 Project Number: 14®7G.W I Project Manager: SB Scale: I " = 1000' ®ate: 02/07/202 1 ❑r 25 4•, � 4. 1 r �VIInson,� Cen a , I ' Map Title: USGS Map Wilson's Mills fire Department Road Johnston County, NC Source: Selma 20l 9 USGS Quad N Soil & Environmental Consultants, @412 F.Ih of N,— &aid S.Rl 104. R.L i& \C 27613 • P6mr (919) 84&3W- F—[919] i ti4 - T 6 r— or NO Pak Water t +r r r k� UPS"MaD Pao _1 jr- Pa Fla Gc's - . r r r PD 4 Pa Cl' sJ Wt Ch + _� rr •h L n1 Nk-B WO -A• ti, T f PBD r f 140 a ram' MAO - NKB ' rylaA Tart Pao Project Number: Map Title: N 14®7G.W I Project Manager: Sod 5 Jf Vey Map SB Wilson's Mills fire Department Road Scale: Johnston bounty, NC Source: 50ll Environmental Consultants, P ®ate: 841.2e.1horX—R-&s.a�164.R ki&Nc2-wis•rna-!ry,9,M&3W•ems:(9i91) 02/07/202 1 Soil Survey sheet 7 rj..... . . . . . . kil ti- .1 Lo m wl, IL i. I-Vil qf 1'. 4,9 4i 'frj�' Ila Job #: 14706.W1 February 7, 2022 Photo 6: Stream crossing s' id - I' - � �• r "Pt t'y S r +r ' {• r i e, Ji•. _ =. ry;,n� � �. �:�-•rf=•:.���-mod:;.` �. .. �L=J s AAMIZO F 6—n— - r, U C 11N1 NOLLdIN°434 31tq A3tl J € £L60-L9-OL696 #13M:Wd w .,.... s ON 'S,111W NOS11M °g IIIW aNb'12i3H1f10S S w¢zN�. ' co a NVId 311S.12ib'NIWIl32id o w m a� ag o S fit$ b a„s ��; ego p99m�s<�J� ����p� po€a��N�� Wiz` tom;--o�� m o o o€ € 0 6 o a3 = K _ H m i_____________i a 2 b I 5 5 5 5 zW €g s ao aim a w8 -=s Fig .o m 86o8�"B�Eom WNo8 TWA �� ' ____-_----I =r� Z w<o o J "aG W a. 0, n�// /,��<r "_ia� J<•/��rM rr li ri/i Rh r1 I Ir � II B�AI� \ ////\ .- r i 1 iJ// ( > //mi\\d30Nb "'/ � i\ —,rl ♦ Y'V 0.1' fill Ix row r MOO t` tl 14! 1! «�� �.�7 L�JI I IL ,` R`�����:��sro..>�^•� r <w 9/ / " r��,z111� `Y�j\\ �: / �m�'w" _ i ( LmJI Ire Jl nlrr/(\\�\\\im//n>/ N\J)/•o '°y m dN\N�o/r '\ \\� 'ry%^\ V�i �/ �. s \ - r ol ��_� m11 I � < � �•\ )r.N . � � r/`�:e� C" � ry�i " � \� a%E �x ��� � f P,,ol __,r NL� Il rw ��� ��,� r�J)���) yr/^�r�✓/>,^a./,rµ`` \ � Win: �`vs� � = I�t JL- aI I'_" <1.% (m lr��✓/.�r��\>���Ji//^�:\\ _> 1 x'�^��,`V/�� T\\� ����� � g _ _ \ r-� �I IL- �L_�I Ills : i /r�m\\)�` ) / /�� ��✓ r /ra �ii/� �, "7 \ 3- :; �9�Ie^ � i k"b— ' �� � \', < I Im II II Ilmll Ilmll II�II L Jr I Ifa if ell I Ijm I Ir , �rc>>:- _w�pG o o � �tW II \JI imil II II`I�-1I II_II II�IIL� \\ �L -`- IL"_JL �JI Ian , r � >< � U„"� N� SOU,•_ �es�a�sss --x�ws,a 9 °I 5f, r l sJ rrrrrrr-Ir �. y§dBpg� .� typla ancxa X93WHOOM I 8 O 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: Consultation Code: 04EN2000-2022-SLI-0675 Event Code: 04EN2000-2022-E-01553 Project Name: Southerland Mills January 17, 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 species list generated pursuant to the information you provided 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. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 01/17/2022 Event Code: 04EN2000-2022-E-01553 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 01/17/2022 Event Code: 04EN2000-2022-E-01553 Attachment(s): • Official Species List 01/17/2022 Event Code: 04EN2000-2022-E-01553 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 01/17/2022 Event Code: 04EN2000-2022-E-01553 Project Summary Consultation Code: 04EN2000-2022-SLI-0675 Event Code: Some(04EN2000-2022-E-01553) Project Name: Southerland Mills Project Type: DEVELOPMENT Project Description: This project is located in Johnston County, NC and is approximately 215 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a-)35.60840995,-78.35060835340971,14z r n� Counties: Johnston County, North Carolina 01/17/2022 Event Code: 04EN2000-2022-E-01553 3 Endangered Species Act Species There is a total of 6 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 Amphibians NAME STATUS Endangered STATUS Neuse River Waterdog Necturus lewisi Threatened 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/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus 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/528 01/17/2022 Event Code: 04EN2000-2022-E-01553 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened 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/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 January 17, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Southerland Mills; 14076.W1 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program fR ►�l0ldD]M[30.11N 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 indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or 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: httr)s://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. Also please note that 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 an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov 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. 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O O Q U U U U U O U) CB >N co >N CB >N CB >N CB W cu W Z Z _Q C5 U)U) (V Q Cn Cn a) Cn (L) (n (L) Cn (L) Q Q C2 C2 M- c� � _ _ _ - O p - O (n _N _N _N _N >, c N W _N U � N U v Cn6666 U U Z N U U) U) U) U) ZD m U) U)Z N � Co U Q CY) p (E CO m z O a :_ .cn U O U)Cll N cya p O (n O (B N N .O t� U) Cll .� O t�co 0) cya N J 6 Cn (B p C�6 U)OU U a CB i U O N N 0 LU U N p N. V U N Cll -� co O Co U) Z3 CB Cn i�: (B m L O O ZZ U) W' Zz C) QLL ClQ m= Z U m ccv C O Cn N L O Cn N O CV .5 NCB 0 V OC ` iZ W O N co cu L Q W Cn D N L_ Cl) U N O CU N � Cl) O cu C2 CM O C= L Q � c� C 0 �+ L O Cn cu C_ cu O N cu cu C 0 C C > m O yam_ cu C= N Cn U CU CU (2 c N � 0) O cu -0 cu � O N Cn CY) N N � oO E � O U C: Q N H apP��ENT OF' Tye, N yo United States Department of the 9 FISH AND WILDLIFE SERVICE ��RCh s, aa Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: Self -Certification Letter Pro] ect Name Dear Applicant: saKvIca Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑ proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighgfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 3, 2022 Camden Brunick Soil & Environmental Consultants, Inc. 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Re: Southerland Mills residential subdivision, Wake County, ER 22-0441 Dear Mr. Brunick: Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. cbrunick2sandec.com Thank you for your January 31, 2022, letter concerning the above -referenced project. We have reviewed the materials provided and offer the following comments. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. Due to the topographic and hydrologic features within the project area, there is a high probability for the presence of precolonial American Indian archaeological resources that may be affected by future development of the parcel. We recommend that a reconnaissance level survey of the parcel be conducted by an experienced archaeologist. The purpose of this investigation is to identify archaeological remains that may be readily apparent and to evaluate the potential for archaeological sites that may be eligible for inclusion in the National Register of Historic Places. If archaeological sites are found on the parcel and/or if it is determined that the potential for eligible sites exists, additional archaeological investigations may be recommended at such time as development activities are proposed. Please note that our office requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at https://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. One paper and one digital copy of all resulting archaeological reports, as well as one digital copy of the North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. Office of State Archaeology report guidelines are available at https://files.nc.gov/dncr-arch/OSA_Guidelines Dec20l7.pdf. 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 ER 22-0441 March 03, Page 2 of 2 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.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. �Sincerely, o �% 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 —U — -- pz-ao wFLUocp?V mo cc:,:)) p Q� C� Z ��-z Q =O Q 'L—a'w _ • • w p o z om w W m ~z zQ �w�w O Y U a J N U Z Q O U� Z Z� Z J 2 0 U) O N ^ z O 0 2 O J o U) Q '^ < J Q M J J ° m x� _ 0 0 M U! 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N J LU > W _ Z JLL QEr a. Of z� s I I ❑ �a a z a 1 �oo1w I< o U Z Z O U Z O H Z S O U) U) z O U) 0 O Z Q LU w D O U) U to w w w O ¢ m U W w 0 w U) 0 21 ii ve sii2 no -WV ZO ££ LL bZoZ SL AeN 'Aepseup.M imp LLXLL ys\LO,p-4s\\ 15 TOWN ADMINISTRATOR / CLERK / HR DIRECTOR Leighanna T. Worley, MMC, NCCMC FINANCE OFFICER / DEPUTY CLERK Sherry L. Hudson DEVELOPMENT COMPLIANCE OFFICER Wendy Oldham, CZO CHIEF OF POLICE A.Z. Williams PUBLIC WORKS Patrick Moore MAYOR Fleta A. Byrd MAYOR PRO-TEM JC Triplett COUNCILMEMBERS Tim E. Brown Randy N. Jernigan David J. McGowan Carolyn Dobbin TOWN ATTORNEY Gabriel Du Sablon SITE PLAN REVIEW COMMENTS TO: Curtis Gautier (via email to: curtis(Dashenandoahhomes.us) PROJECT: SOUTHERLAND MILLS SUBDIVISION REVIEWER: Wendy Oldham, Development Compliance Officer REVIEW DATE: February 22, 2023 (Engineering Comments only) ENGINEERING COMMENTS: Latest Plans & Documents ARE HEREBY APPROVED BY ENGINEERING, with NO additional comments or conditions. Also noted below are typical informational items that should be provided leading up to final construction acceptance and plat approval... CONDITIONS FOR FINAL APPROVAL: 1. None. PROVIDE THE FOLLOWING TYPICAL ITEMS FOR FINAL PLAN APPROVAL BY TOWN o Any separate zoning and other department approvals as required by Town o Provide copies of separate agency approvals (NCDOT, USACE, NCDWR, Johnston County, etc.) o Provide Final Construction Drawings as Released for Construction, for final Town approval and/or signature o Any executed Developer Agreements or Documents (coordinate with Town) PROVIDE THE FOLLOWING TYPICAL ITEMS FOR FINAL PLAT RECORDING o When construction is substantially complete, schedule final inspection walk-through(s) with Town Planning Department and any Public Works staff o Submit Final Plat with required Town certificates and notations (Including, but not limited to, the following "Special Notes for Town of Wilson's Mills") ■ Note #1 stating... "Town of Wilson's Mills shall not be responsible for maintenance of any drainage or drainage easements outside of street rights -of -way (unless specifically dedi- cated and accepted as a Town Easement on a recorded plat or deed); but shall have the rightto enter, and repair or construct, within all dedicated drainage easements if drainage from within the easement negatively impacts the public street right-of-way." FYI... This note shall be required on Final Plats. 100 Railroad Street • PO Box 448 • Wilson's Mills, North Carolina 27593-0448 www.wilsonsmillsnc.org • Phone: (919) 938-3885 • Fax: (919) 938-1121 ■ Note #2 stating... "Town of Wilson's Mills shall not be responsible for private driveways or open-end driveway culverts within the street rights -of -way." FYI... This note shall be required on Final Plats. ■ Note #3 stating... "Town of Wilson's Mills shall not be responsible for maintenance of any stormwater containment measures (SCM) or stormwater easements (unless specifically dedicated and accepted as a Town or regional/public SCM facility/easement on a rec- orded plat or deed); but shall have the right to enter and inspect, within all dedicated stormwater easements at any time to ensure responsible parties comply with the Town's stormwater requirements. FYI Only... This note shall be required on Final Plats. o IF required by Planning, provide a copy of the Restrictive Covenants, particularly for language that states any required maximum impervious area per lot, AND who or what entity is respon- sible for maintenance of drainage facilities located outside of the street rights -of -way, AND who or what entity is responsible for street maintenance until streets are petitioned for Town or NCDOT maintenance. Upon approval, this document shall be recorded (preferably with the Fi- nal Plat). o IF Town/Public streets are constructed, submit Street Certification or Built -to -Standards Letter by Engineer stating that all streets and drainage within the street rights -of -way were con- structed in substantial conformance with the approved plan AND to minimum NCDOT stand- ards, with any exceptions to standards noted. o IF Town/Public streets are constructed, provide all street testing reports including subgrade compaction/proof-rolling tests/reports, stone or other sub -grade compaction tests/reports, and asphalt source, type, and density tests/reports indicating compliance with minimum NCDOT standards. o Submit Engineer's Certifications and Water/Sewer As -Built Plans stating that all water/sewer facilities were constructed in substantial conformance with the approved plan. o If Applicable, submit Stormwater Certification and Stormwater As -Built Plan (As-Builts are re- quired for BMP/SCM) by Engineer stating that all stormwater facilities were constructed in sub- stantial conformance with the approved plan. o If Applicable, submit a copy of the Stormwater O&M Agreements (contact Town for copies of agreement form to be executed). 100 Railroad Street • PO Box 448 • Wilson's Mills, North Carolina 27593-0448 www.wilsonsmillsnc.org • Phone: (919) 938-3885 • Fax: (919) 938-1121 0 W W J x wU ¢ z LU wo Cx� 0 (.1 � w U) W U)� � f z z wQ Q U) D �> o w Q Q Q Lu z d w J oC) oQ U)Q mQ Q LU U) U) � x ��U �w LU \ �JH Uj w0 w zLL U) HQ / wQZ O Qw to U) _ w �~ ~m a ILL Jiz0 Q Q m ° U �oz C) C) - �n w O0 J oLrU) Qw z J v Op= >o ZwLUO o lo Dw� � o O Q J w 0 a _ >Qa 2 C)> �J Q J LU O � Q w 0 > w C o _w � (wj ° m N C) t Q -o Z z � m co U) 0 LY LL QLLLC) QQ a rn D Q >l o Uwc� LU \ / /�V)tltl�2JJ LU � I CD T