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HomeMy WebLinkAbout20240916 Ver 1_Forest Dr PCN_final_full_20240628n� 'tee auvnv��t"k NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. :lick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.801 Longitude (DD.DDDDDD):-78.479 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg. nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFileCa)-ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 9/28/2022 Page 1 of 20 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: Wake Additional (if needed). Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to entF ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? ❑ Yes ❑x No Please provide the date of the previous submission. Click to PntPr A rlat, ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑ Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s) (list all numbers ): 43 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text 1d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No Page 2 of 20 PCN Form Version 4.3- April 20, 2022 1g. Is payment into a mitigation bank or in -lieu fee program proposed for ® Yes ❑ No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes ❑x No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 20 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? Ward Marotti 1 b. Primary Contact Email: ward@spanglerenvironmental.com 1 c. Primary Contact Phone: (###)###-#### 980-308-9888 1 d. Who is applying for the permit/certification? (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: *see attached 2b. Deed Book and Page No.: DICK to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2e. Telephone Number: (###)###-#### Click to enter. 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: Click to enter. 3. Applicant Information (if different from owner) 3a. Name: Phillip Bunton 3b. Business Name (if applicable): Town of Knightdale 3c. Address: Street Address: 950 Steeple Square Ct Address line 2: Click to entE City: Knightdale State/ Province/ Region: NC Postal/ Zip Code: 27545 Country USA 3d. Telephone Number: (###)###-#### 919-217-2250 3e Fax Number: (###)###-#### Click to entr 3f. Email Address: Phillip.bunton@knightdalenc.gov Page 4 of 20 PCN Form Version 4.3- April 20, 2022 4. Agent/ Consultant (if applicable) 4a. Name: Ward Marotti 4b. Business Name: Spangler Environmental, Inc. 4c. Address: Street Address: 4338 Bland Rd Address line 2: Click to enter. City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27609 Country: USA 4d. Telephone Number: (###)###-#### 980-308-9888 4e Fax Number: (###)###-#### Click to entF 4f. Email Address: ward@spanglerenvironmental.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Mission s/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 20 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Forest Dr Stormwater Conveyance 1 b. Subdivision name (if appropriate): Click to ente 1c. Nearest municipality/town: * Knightdale 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): *see attached 2b. Property size (in acres): 2.73 2c. Project Address: Street Address: 201 & 203 Forest Dr Address line 2: LU UI I« City: Knightdale State/ Province/ Region: NC Postal/ Zip Code: 27545 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.801 Longitude (-DD.DDDDDD):--78.479 3. Surface Waters 3a. Name of nearest body of water to proposed project: Mingo Creek 3b. Water Resources Classification of nearest receiving C;NSW water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 Neuse 3c. In what river basin(s) is your project located? ` noose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030202010705 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/PubIicInformation/index.htmI?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 20 PCN Form Version 4.3- April 20, 2022 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site hosts several small commercial buildings with either paved or gravel parking lots. About 1/3 of the area is forested. 4b. Have Corps permits or DWR certifications been obtained for this ® Yes ❑x No ❑ Unknown project (including all prior phases) in the past? If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? ❑ Yes ❑x No If yes, describe the completed work. Click to enter te) 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. (`UnL 4n nn+nr +n,+ 4d. Attach an 8'Y2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'Y2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 340 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The open concrete conveyance running through the site will be eliminated and replaced in order to improve stream function and hydrology. 4i. Describe the overall project in detail, including the type of equipment to be used: Heavy machinery will be used to construct the new SCM measures and install erosion & sediment control measures 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text Page 7 of 20 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: dick to enter text. 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑x Emailed concurrence what type of determination was made? ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2021-01331 Name (if known): Lisa Long 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Spangler Environmental, Inc. areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. 7/15/2021 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary 1a. Where are the impacts associated with your project (check all that apply): ❑ Wetlands ❑x Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type 2d. Wetland Name 2e. Forested ? 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Choose one emp/ Perm Choose onE :,lick to enter Y/I\ ;hoose one Click to enter W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose onE Click to enter Y/I . choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts Click to enter. ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 9 of 20 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a Impact Reason 3b. Impact Duration 3c. Impact Type 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Riprap Permanent Fill (Incl. Riprap) SA Intermittent Both 14 49 S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 49 linear ft M. Total temporary stream impacts: Click to enter. linear ft 34. Total stream and ditch impacts: 49 linear ft 3j. Comments: lick to enter Page 10 of 20 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 dick to ent( Temp/ Perm Click to enter. Choose one :hoose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one -hoose one Click to enter. 03 dick to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. ente P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click enter. enter. enter. enter. enter. enter. ente 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑x Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to ente Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Fill (Incl. Riprap) Permanent SA Yes 392 0 B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: 0 sq ft Zone 2: 0 sq ft 6h. Total permanent impacts: Zone 1: 392 sq ft Zone 2: 0 sq ft 6h. Total combined buffer impacts: Zone 1: 392 sq ft Zone 2: 0 sq ft 6i. Comments: UICK to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The proposed project will improve the overall function of the stream, and the placement of riprap at the pipe outfall is a necessary design feature per local standards. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Sediment and erosion control measures will be implemented in order to control runoff and other discharges from activities to be conducted in disturbance areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑x DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Multiple (Wildlands Engineering) 3b. Credits purchased/requested: Type: Riparian Buffer Quantity 1176 sq. ft. Type: Choose one Quantity Click to ente, Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. Page 13 of 20 PCN Form Version 4.3- April 20, 2022 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ® Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Riprap apron outfall 392 3 1176 Zone 2 ;lick to enter. Click +,) enter Choose one Click to enter. 6f. Total buffer mitigation required 1176 6g. If buffer mitigation is required, is payment to a mitigation bank or ® Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: UJUK W efltel. Page 14 of 20 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ® Yes ❑ No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.,qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- qu idance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑x Yes ❑ No To look up low density requirements, click here: http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ElYes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? ❑x n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply.) ❑x State If you have local government approval, please include the SMP on their overall impact map. ❑ Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Click to enter. State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ® Yes ❑ No funds or the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental ❑ Yes ❑x No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑x No NEPA or SEPA final approval letter.) Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): RICK to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: No construction will take place after the SCM is installed. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Click to enter. Page 17 of 20 PCN Form Version 4.3- April 20, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ❑ Yes ❑x No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? 1-11UN Lo enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ❑ Yes ❑x No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace. army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Page 18 of 20 PCN Form Version 4.3- April 20, 2022 Explain: Click to enter 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? dick to enter. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://,qis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? Click to enter. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. lick to enter. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map H. Miscellaneous Comments: Click to enL,. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form Version 4.3- April 20, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Alexander Hornaday Signature: Date: 6/28/2024 Page 20 of 20 PCN Form Version 4.3- April 20, 2022 Ln �D IZT O Ln p r, r, N N U Z Qj U � Z CA t L •� Q) C (O � Y � Q LVO C U O U! U C O LU L.L O -1 O O N ate+ X O V U! C m > Y O a U � U!> LL b0 Q O Y W W 0 N .i O y Ln �q 0 -i -i O 1 O U J N �k W C y J O J C 0 +� i Gl N U! E 0- Q m O O z a a A +� b.0 O U! 'L 7 a m Ln Ln Ln Ln � � N N U U CA Z Z Q Q w _ L � � Q Y Y m C C V Y Y t i i a � � Q) Q) v v O O L.L L.L -i m O O N N lD I) I, Q1 z lD lD FL Ln Ln Mid Atlantic Fabrication & Finishing Bulldog Industries, INC 205 Forest Drive Knightdale, NC 27545 ADMIN 21 Apr 2021 From: Terry Reid To: To Whom It May Concern: The letter serves to inform you that Bulldog Property Group #2 LLC (Owner), hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at our 205 Forest Drive, Knightdale, NC property (Wake County PIN 1754465972). All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supersedes all previous Agent -related correspondence. The following contact should be copied on all correspondence: Agent: Ward Marotti Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 wardna spanglerenvironmental.com Sincerely, i Terry Reid Bulldog Industries, Inc. dba Mid -Atlantic Fabrication & Finishing Date: 5/ E S/ 2 o Z l To Whom It May Concern: The letter serves to inform you that Privette Property, LLC (owner), hereby authorizes Spangler Environmental, Inc. to act as our technical agent for the purposes of environmental issues, including wetland and stream identification, permitting, mitigation planning and regulatory agency coordination at our 201 Forest Drive, Knightdale, NC property (Wake County PIN 1754465764). All site visits by regulatory personnel must be coordinated in advance with our agent, Spangler Environmental, Inc. This letter supercedes all previous Agent -related correspondence. The following contact should be copied on all correspondence: Agent: Ward Marotti Spangler Environmental, Inc 4338 Bland Road Raleigh, NC 27609 (919) 875-4288 ward@spanglerenvirorn-nental.com Sincerely, pp � r 0 50100 200 300 400 Feet Ski L Lid 14 w . M.-- Bus Legend • ti Property Boundary 64 j Forest Drive SPANGLER USGS Topgraphic 201 & 203 Forest Drive 69ENVIRONMENTAL, INC. Map Map Source: Knightdale, NC 27545 4338 Bland Road Raleigh, NC 27609 USGS Knightdale, NC 7.5-minute June 2024 919-875-4288 Topographic Quadrangle (2022) N r1 0 50100 200 300 400 OF VV E - - Feet s IL IS Ll Ir1-1� rl Legend Property Boundary Forest Drive QSPANGLER NRCS Soil Survey 201 & 203 Forest Drive ENVIRONMENTAL, INC. Map Map Source: Knightdale, NC 27545 4338 Bland Road Raleigh, NC 27609 NRCS 1970 Soil Survey June 2024 919-875-4288 of Wake County (Sheet 51) From: Dailey, Samantha J CIV USARMY CESAW (USA) To: Lisa Lona Cc: Ward Marotti Subject: SAW-2021-01331 201 & 203 Forest Drive JD Concurrence Date: Thursday, July 15, 2021 1:04:52 PM Hi Lisa, Reference is made to ORM ID SAW-2021-01331; please reference this number on any correspondence regarding this action. ** Please let me know if you need a preliminary JD approval; otherwise, this JD concurrence will be my approval. I do want to point out that I have been out to this site to discuss the concrete "channel' that is within the boundary. I do know that the state was trying to decipher how to handle this area, considering there was never a permit for this activity. I just want to keep that on your radar. If you could also provide your upland data form for the site that would be appreciated. On June 22, 2021, we received information from you requesting the Wilmington District, Regulatory Division review and concur with the boundaries of an aquatic resource delineation. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map (or survey), labeled Forest Drive Site Map and dated January 2021 Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. Best Regards, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.j .dailey @usace.army.mil E coAsa.. t d �o� �.m 3� �j 3 � ?dzz z000 m"y � ❑ u c� R' a o oya ® $ p nay U > z a W w a H O �1 z a x z a o� az~, Q w rq H Q7 O r, H a cn rq W= W� �s-- o Q10 -o z GU" zo EE 10 E > um 2 2 E M H �M V8 1H. E IN m— zo oz RH M 5W M, h ZE 'ME 2k <G 1E z og t2 E U t rpm HE o o q En "g H 9-N i —P —n GmH M H xis z= oR 2 HN H �4 E fez3 omu 6"o ­t E 2 tuu t tU t- 2o mz o 1 W W H Ho 11 I g 6p=< en t &o E=_° F F o`ozo orz owe 3 Ana RQ —a// # ? = 3. _ — /i , — — — `-------- ______� 'AN 1 _ ___ ^_� 1 / / ;fag sm I Y� —�__-- --� - — — — — — — — ---, es��[4aS5aN— n — _--•_ _— , # ax.aa�oN co' t d aa� c na IL Ieil � IiH;� o �I ----- - - --- _- /i _ - ------------ ----. / I M.�, --------------- o&:.a—� a OV I -I_ � 4 I ��ama �Jlr ETOp L °� bqV 4'no£ Imp ,� � SZo ��Nq ❑ a y t'' ❑ a z U' � U y a¢ o o a O am 3 s.. ,ems U x��u �w s 00 w Qx ¢yam¢ yB$ y fi±o `aa wn� ao�w cos as, V� w Ex��i`iyyl dm ggx! aQ a� oo� s - k'<8�b ��q�g I 3C�Sl �bff� mG o n qe ro �� a Ndti33�erod� m� t� ��R N �p e Fg ke Q�Q m � t d co' Op L Ec Illlllllllllllllllll OamSlSlllCClllalllll 011lllllllllllllllll Illlllllllllllllllll EMISSIONS EMISSIONS aqq N DRIGUEZ AND \ JESSICA R. \ GUIDER \ I 8 OK 018603 \ W E GE 0090, \\� s �I I \\ `j \Stream Buffer Impact \ Z1 = 392 SF / 21"HICKOR O 0 10 20 40 60 80 Feet Fa %m J20 I I I L� STREAM IMPACT - 49 LF STREAM IMPACT = 692 SF PROPOSED RIP -RAP APRON MINIMUM LOO LA=23' W = 26.5' D50 = 16" Tw= 3.0' \15 ,13 315 pLA� 16 \ - \ 11 "MAP, � 1 \ HEADWALL `1 INV.(IN):310.86(P-1)) y PROPOSED LIMITS OF DISTURBANCE(TYP.) / 0.98 AC TOTAL b BA TTS, RICKY LYNN BA M1 W GALE BOTTOMS PIN 1754462872 BOOK 007728 PAGE 00683 r� 2 Legend Stream Buffer Impact Area Neuse Basin Protected Riparian Buffer Zone 1 (30-ft) Forest Drive 201 & 203 Forest Drive Knightdale, NC 27545 June 2024 M SPANGLER ENVIRONMENTAL, INC. 4338 Bland Road Raleigh, NC 27609 919-875-4288 \ BULLDOG \ TY 1 GROUP L C PIN 1754465972 BOOK 016139 PAGE 01180 n m L_ �l -y r j ( l 1 1 1 1 1- Sr TAL 1 M£ I BUILDIN Stream Buffer Impact Map Map Source: Wake County GIS Client -provided Impact Map It ZOS WILDLANDS ENGINEERING Neuse 01(Falls and Non -Falls Lake Watershed) Riparian Buffer Credits Statement of Availability June 14, 2024 Town of Knightdale Attn: Phillip Bunton 950 Steeple Square Ct Knightdale, NC 27545 RE: Availability of Riparian Buffer Credits for the "Forest Drive Stormwater Conveyance" project Permittee: Town of Knightdale Riparian Buffer Credits Needed: 1,176 sq. ft. Riparian Buffer Credits Available: 43,241 sq. ft. Neuse River Basin (03020201) — Non -Falls and Falls Lake Watershed BANK NAME BANK SPONSOR DWR PROJECT NUMBER Sassarixa Swamp II Mitigation Bank Parcel Wildlands Holdings III, LLC 2019-0661 Catfish Pond II Mitigation Bank Parcel Wildlands Holdings V, LLC 2018-0196v2 Perry Hill II Mitigation Bank Parcel Wildlands Holdings V, LLC 2019-0157v3 Loop Road Mitigation Bank Parcel Wildlands Holdings IX, LLC 2020-1938v2 Dear Mr. Bunton, Wildlands Holdings III, LLC, Wildlands Holdings V, LLC, and Wildlands Holdings IX, LLC, owned and operated by Wildlands Engineering, Inc., currently have sufficient riparian buffer credits from the above -mentioned banks to satisfy the riparian buffer mitigation requirements related to your project. The project is located within the service area (HUC 03020201), of the Banks. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification and Authorization Certificate from the NC Department of Environmental Quality -Division of Water Resources approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings III, V, or IX LLC (depending on availability at the time of permit issuance). We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your records. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, V, and IX, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 w1p.* WILDLANDS E N G I N E E R I N G Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources Mr. Alex Hornaday, Staff Scientist I Spangler Environmental, Inc Wildlands Holdings III, V, and IX, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: 06/14/2024 15:10:05 UTC Project Code: 2024-0104114 Project Name: Forest Dr Stormwater Conveyance Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Project code: 2024-0104114 06/14/2024 15:10:05 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of13 Project code: 2024-0104114 06/14/2024 15:10:05 UTC We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3of13 Project code: 2024-0104114 06/14/2024 15:10:05 UTC PROJECT SUMMARY Project Code: 2024-0104114 Project Name: Forest Dr Stormwater Conveyance Project Type: Culvert Repair/Replacement/Maintenance Project Description: Small culvert installation project that will take place in the central property area. No trees will be removed. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.8009244,-78.47872039805773,14z ��k.,�plc�a►. SS o � _t c' 0 { ry I{ 10�ILda'-rI E'Llyd Counties: Wake County, North Carolina 4of13 Project code: 2024-0104114 06/14/2024 15:10:05 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 8 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. 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. 5of13 Project code: 2024-0104114 06/14/2024 15:10:05 UTC MAMMALS NAME Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 ►:u 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 Proposed Endangered STATUS Endangered STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. 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. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/528 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. 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 STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS 6of13 Project code: 2024-0104114 06/14/2024 15:10:05 UTC NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat. Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 7of13