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HomeMy WebLinkAbout20181588 Ver 1_PCN Form Submission_20181116DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Qiange only if needed. BIMS # Assigned 20181588 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Whetstone Subdivision 1a. Who is the Primary Contact?* Scott Mitchell 1b. Primary Contact Email:* scott@mitchellenvironmental.com Date Submitted 11/16/2018 Nearest Body of Water Black River Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: Longitude: 35.5222 -.78.7302 FA. Processing Information County (or Counties) where the project is located: Harnett Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) Version# * 1 What amout is owed?* r• $240.00 * $570.00 Select Project Reviewer* Chad Turlington:eads\octurlington 1c. Primary Contact Phone:* (919)669-0329 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express f— Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Whetstone Subdivision DMS Receipt 080118.pdf Whetstone Subdivision Mitigation Invoice 073118.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? O Yes O No B. Applicant Information 1d. Who is applying for the permit? R Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: K and H Developers GP 2b. Deed book and page no.: 3195-0835 2c. Responsible party: C. David Holleman 2d. Address Street Address 204 Scholl Street Address Line 2 aty Fuquay-Varina Postal / Zip Code 27526 2e. Telephone Number: (919)669-4707 2g. Email Address:* angierjudy17@gmail.com C. Project Information and Prior Project History r Yes r No r Yes r No 87.07KB 85.87KB Sate / Province/ Region North Carolina Cbuntry United States 2f. Fax Number: 1. Project Information 1b. Subdivision name: (d appropriate) Whetstone 1c. Nearest municipality/ town: Angier Project Identification 2a. Property Identification Number: 0674-95-4224 2c. Project Address Street Address Address line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Black River 3b. Water Resources Classification of nearest receiving water:* C; SW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12 -digit HUC in which the project is located. 030300060101 4. Project Description and History 2b. Property size: 11.09 State / Province / Region (buntry 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 eAsting conditions of the site is mostly forested, with some sanitary sewer and road infrastructure improvements. General land use in the near vicinity is agricultural, forestry, and residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). On August 2, 2005, USACE staff documented unauthorized wetland dredge and fill activities on this property. The letter issued to disclose the unauthorized activities was received on September 27, 2005 (USACE Action ID Number: 200400866). USACE has also approved (field verified, but would not issue PJD since the situation is an after -the -fact) the current wetland delineation completed by Mitchell Environmental in 2017. The USACE Action ID number for this project is SAW -2004-00866. See attached history for further details on correspondence and project timeline. Project History Upload Whetstone History 061118.pdf 51.41 KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 5 -Whetstone Subdivision USGS.pdf 339.45KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4 -Whetstone Subdivision Soil Survey Map.pdf 849.63KB 4f. List the total estimated acreage of all existing wetlands on the property: 2.1694 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct Phase 2 of Whetstone SD, including roadway and utility infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project is proposing to construct a residential subdivision with the necessary grading and infrastructure improvements. Equipment typical for grading and infrastructure improvements such as track hoes, bulldozers, and dump trucks, etc. will be used. 4j. Please upload project drawings for the proposed project. Impact Maps for USACE-1 1 1518.pdf WHETSTONE COVER.pdf WHETSTONE -EROSION. pdf WHETSTONE-ROADL2. pdf WHETSTONE-ROADL3. pdf WHETSTONE-SITE.pdf WHETSTONE- UT I L ITY. p df WHETSTONE -WHETSTONE DRIVE.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No Comments: USACE verbally approved wetlands delineation during a site meeting July 19, 2017. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: SAW -2004-00866 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* Scott Mitchell Mitchell Environmental, PA 168.72KB 1.34MB 2.28MB 1.4MB 1.33MB 1.58MB 1.88MB 1 AMB C Unknown F Yes C No 7b. If yes, explain. Phase 2 is the last and final phase of Whetstone Subdivision. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers F Open Waters r Pond Construction 2. Wetland Impacts 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.097 0.412 2g. Total Wetland Impact 0.509 2a1 Reason M 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* 1 Road Crossing P Headwater Forest A Yes Corps 0.177 (Existing) (acres) Lot Fill (Existing) P Headwater Forest B Yes Corps 0.147 (acres) 3 Sanitary Sewer T Headwater Forest C Yes Corps 0.097 (Existing) (acres) 4 Road Crossing P Headwater Forest D Yes Corps 0.070 (Proposed) (acres) Lot Fill (Proposed) P Headwater Forest Yes Corps 0.018 ��E (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.097 0.412 2g. Total Wetland Impact 0.509 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Wetland crossings use the smallest footprint practically possible and remain within the confines of the impact. Both crossings utilize area previously impacts by a former farm path, to minimize environmental impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fence will be placed along any corridors that require grading and on the outside of wetlands to be protected. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): F_ DWR W Corps 2d. If yes, which mitigation options) will be used for this project? F' Mitigation bank W Payment to in -lieu fee 9 Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments NC DMS invoice was issued July 31, 2018, and paid August 1, 2018. 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.33 4g. Coastal (tidal) wetland mitigation requested: (acres) 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated. Owner proposes to preserve remaining wetlands, along with a portion of adjacent uplands, to satisfy remaining mitigation requirements. Preservation area will protect 1.985 acres of jurisdictional wetlands, and 1.129 acres of uplands, through the recordation of restrictive covenants for these areas. Applying the standard 10:1 mitigation ratio for preservation, this protected 3.114 acre area will provide 0.311 acres of mitigation credits. 5b. Mitigation Plan Upload Preservation Map for USAGE 111518.pdf 193.7KB F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes G No If no, explain why: There are no buffered surface waters on the subject project or adjacent properties. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes 6 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r: Yes r No Comments: G. Supplementary Information v 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B.0200)?* r Yes r- No 2b Provide an explanation of the violation(s): This is an After -the -Fact permit application, with a combination of wasting impacts and proposed impacts. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r^ Yes r No 3b. If you answered "no," provide a short narrative description. Phase 2 is the last and final phase of Whetstone Subdivision and is not anticipated to spur any cumulative impacts. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater produced by future homes on this site will be collected and treated by the Town of Angier WWTP. Available plant capacity is unknown. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r- Unknown 5e. Is this a DOT project located within Division's 1-8? r^ Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r- Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? https://wm.fws.gov/raleigh/species/cntylist/harneft. html Consultation Documentation Upload Harnett County Endangered Species.pdf 1.22MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Essential Fish Habitat (EFH) Mapper - www.habitat.noaa.gov/protection/efh/ehfniapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Mapper - http://gis.ncdcr.gov/hpoveb/ 7c. Historic or Prehistoric Information Upload Whetstone Subdivision NCSHPO Map_Aerial.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Harnett County GIS Floodplain Map Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: 690.48KB • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Scott Mitchell Signature Sign Date 11/16/2018 Mitchell Environmental, P.A. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate and authorize representatives of Mitchell Environmental, P.A., to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the '` day of �)C>- 20 / 7. (number) (Mon h) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: L `Z f -IS vt)-e- 5 « Location: 7 CL I.< Property Owner's Name (Print): C R ✓I h o /� �' At A A,1 Property Owner's Signature'. ---- Property Owner's Mailing Address: 4 U* S c h o a,, Property Owner's Telephone: q / y - („ ( `/ �J 16-) 7 Fax No. Property Owner's Email Address: a 1501 Lakestone Village Lane, Suite 205 Fuquay-Varina, North Carolina 27526 919-669-0329 Mitchell Environmental, P.A. The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate and authorize representatives of Mitchell Environmental, P.A., to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the _g day of 20�;7. (number) ( onth) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: �crs.rJP s���'� Sr o� Location: Property Owner's Name Property Owner's'Signature: Property Owner's Mailing Address: Property Owner's Telephone: f/ �7- Fax No. Property Owner's Email Address: -/ , 1501 Lakestone Village Lane, Suite 205 Fuquay-Varina, North Carolina 27526 919-669-0329 san 35°30' i a -49- 411'su- Whetstone Subdivision Source: USGS US Topo 7.5 — minute map for ANGIER, NC 4 Impact A 65 I 64 63 62 61 60 I 18 19 20 I I 21 C LEGEND Impact B mpact D ++ ++ 56 55 54 49 +++ +++++ 50 ++++++ )0000000 51 )0000000 )0000000 )0000000 )000000 + 24 25 26 27 ++ 46 ® 2017 Wetlands Delineation (2.169 ac.) 0 Wetlands Previously Filled ( 0.324 ac.) 0 o Existing Road - Impact A ( 0.177 ac.) + + + Existing Lot Fill - Impact B ( 0.147 ac.) Existing Sanitary Sewer - Impact C ( 0.097 ac.) ® Proposed Road - Impact D (0.070 ac.) Proposed Lot Fill - Impact E ( 0.018 ac.) 0 z GRAPHIC SCALE 0 100 200 1 inch = 100 ft. mpact C mpact E W o q R o 'N� R I w O W s z E z = zz J3 N M N o 0 0 Ld o N U p z �ZZ N N C O 2 t Co F J C N W d Z N JJ Y N J o ao z d z U > UN a G W N � W h� C9 N C9 O � o W � � �C� 65 I 64 63 62 61 60 I - I 16 I 17 18 I LEGEND ® 2017 Wetlands Delineation (2.1694 ac.) 0 o Wetlands To Be Preserved ( 1.9851 ac.) Uplands To Be Preserved ( 1.1294 ac.) 0 z GRAPHIC SCALE 0 100 200 1 inch = 100 ft. 57 (5D 55 A I 54 24) Io ��Illc� o E z a ZO Li N M c o o 46 � o 30 Z N N C 31oo00 C 44 � S N J • L N U H 32 Q a v o Z Zz N w W z H 43 p a o W 33 C/) CO W �C14 W � 42 C9 W N � C9 44 36 40 N � i �C� 37 38 39 E- �Cn41 RZI 0 49 5151 N N r I I a c I I � 47 o E z a ZO Li N M c o o 46 � o 30 Z N N C 31oo00 C 44 � S N J • L N U H 32 Q a v o Z Zz N w W z H 43 p a o W 33 C/) CO W �C14 W � 42 C9 W N � C9 44 36 40 N � i �C� 37 38 39 E- �Cn41 f i R -low i� o aoC r� o tri ��-.o _,�r�� a.� lC oU� �oUs��s�ou�ar� t0©a croJ{duoC�O Jka�mm c. ilw r. 5/30/2017 Harnett County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Harnett County, North Carolina Updated: 09-22-2010 Common Name Scientific name Federal Status Record Status Vertebrate: American eel Anguilla rostrata FSC Current Bachman's sparrow Aimophila aestivalis FSC Current Bald eagle Haliaeetus leucocephalus BGPA Current Cape Fear shiner Notropis mekistocholas E Current Carolina redhorse Moxostoma sp. 2 FSC Current Northern pine snake Pituophis melanoleucus melanoleucus FSC Obscure Red -cockaded woodpecker Picoides borealis E Current Sandhills chub Semotilus lumbee FSC Current Invertebrate: Atlantic pigtoe Fusconaia masoni FSC Current Septima's clubtail Gomphus septima FSC Current Yellow lampmussel Lampsilis cariosa FSC Current Vascular Plant: Bog oatgrass Danthonia epilis FSC Current Buttercup phacelia Phacelia covillei FSC Current Carolina bogmint Macbridea caroliniana FSC Current Carolina grass-of-pamassus Parnassia caroliniana FSC Current Georgia lead -plant Amorpha georgiana var. georgiana FSC Current Pickering's dawnflower Stylisma pickeringii var. pickeringii FSC Current Ravine sedge Carex impressinervia FSC Current Rough -leaved loosestrife Lysimachia asperulaefolia E Current Roughleaf yellow -eyed grass Xyris scabrifolia FSC Current Sandhills bog lily Lilium pyrophilum FSC Current Sandhills milk -vetch Astragalus michauxii FSC Current Spring -flowering goldenrod Solidago verna FSC Current Sun -facing coneflower Rudbeckia heliopsidis FSC Historic Well's sandhill pixie -moss Pyxidanthera barbulata var. brevifolia FSC Current Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "Cl" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC—Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws. og v/migratorybirds/baldea Ig e.htm Threatened due to similarity of appearance(T(S/Al): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gov/raleigh/species/cntylist/harnett.html 1/1 Whetstone Subdivision - Wetlands activities and correspondence history June 11, 2018 Date Activity or Correspondence Summary May 18, 2005 Mitchell Environmental contacted by Thompson & Associates. Asked to assist with wetlands delineation and After -the -Fact wetlands impact permitting. July 27, 2005 Wetlands delineation concurrence request submitted to Brad Shaver. August 1, 2005 Initial wetlands delineation hand sketch faxed to Brad Shaver. August 2, 2005 Site meeting with Brad Shaver and Thomas Farrell. Wetlands delineation approved, but additional areas required to be delineated. September 14, 2005 Revised wetlands delineation hand sketch faxed to surveyor for location. September 20, 2005 USACE cease and desist order issued by Keith Harris. September 29, 2005 Mitchell response letter to Thomas Farrell. June 7, 2006 Mitchell mailed wetlands delineation survey maps to Thomas Farrell for sign -off. September 19, 2006 Site meeting with Thomas Farrell, David Holleman, and Dewey Keith. Wetlands delineation approved; Discussed permitting strategy, including multi element mitigation plan and removal of fill in stub street. September 20, 2006 Tolling Agreement issued by Brooke Lamson, District Counsel. January 18, 2007 Tolling Agreement signed by David Holleman and Dewey Keith. February 5, 2007 Initial After -the -Fact PCN Application submitted to USACE and DWQ. February 15, 2007 USACE issued Notice of Incomplete Application and Request for Additional Information. February 23, 2007 DWQ issued Request for More Information. May 3, 2007 Additional information provided to USACE. Impact map changes; House and lot detail drawings; Preservation map; etc. May 16, 2007 Revised PCN Application submitted to USACE and DWQ. NCEEP mitigation payment proposed; Impact justification statement expanded, etc. July 2, 2007 General Permit Verification (After -the -Fact) issued by Thomas Farrell. 0.3272 acres permanent fill; 0.3881 acres wetland restoration; 0.2252 acres temporary wetland fill; 0.96 acres of in -lieu fee mitigation plus wetlands preservation. July 5, 2007 DWQ Approval of 401 Water Quality Certification with Additional Conditions (After -the -Fact). 0.3272 acres permanent fill; 0.2252 acres temporary wetland fill. July 13, 2007 Nationwide Permit 29 Verification Modification issued by Thomas Farrell. Reduced required NCEEP Riparian Wetland credits from 1.0 to 0.5 acres. September 6, 2007 NCEEP Invoice #1 issued for 0.5 acres of Riparian Wetlands mitigation. 0.5 acres @ $14,675.50. October 22, 2007 Wetlands Preservation Map recorded with Harnett County Register of Deeds. October 29, 2007 NCEEP Invoice #2 issued for 0.5 acres of Riparian Wetlands mitigation. 0.5 acres @ $14,675.50. January 20, 2009 USACE non-compliance letter from Jefferson Ryscavage. July 24, 2009 General Permit Verification (After -the -Fact) re -issued by Jennifer Frye. 0.3272 acres permanent fill; 0.3881 acres wetland restoration; 0.2252 acres temporary wetland fill; 0.96 acres of in -lieu fee mitigation plus wetlands preservation. July 28, 2009 USACE non-compliance letter from Jefferson Ryscavage. August 12, 2009 Amendment to the Declaration of Covenants, Conditions, and Restrictions recorded with Harnett County Register of Deeds. Added "Section 4: Wetland Preservation Areas", referencing recorded "Wetlands Preservation Map". May 7, 2017 Mitchell Environmental re -delineated wetlands. May 30, 2017 PJD request package submitted to Emily Greer. June 21, 2017 Recombination Lots 18-23 & 57-60 recorded with Harnett County Register of Deeds. Eliminated lots 23, 58, & 59 to preserve wetlands. July 19, 2017 Site meeting with Emily Greer, David Holleman, and Dewey Keith. February 27, 2018 lWetlands delineation and preservation exhibits submitted to Emily Greer. March 23, 2018 JUSACE Request for Additional Information emailed to Mitchell Environmental. Mitigation Services ENVIRONMENTAL OVAL I TY RECEIPT August 1, 2018 David Holleman K & H Developers 204 Scholl St Fuquay-Varina, NC 27526 Project: Whetstone Subdivision County: Harnett 401 permit#: 07-0226 404 permit#: 2004-00666 DMS ID#: MR -02555 Amount Paid: $19,861.86 Check Number: 1591 ROY COOPER Governor MICHAEL S. REGAN Secretary The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above- referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. River Basin Mitigation Location (8 -digit HUC Mitigation Type Quantity Cape Fear 03030006 Riparian Wetland 0.33 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, Tim Baumgartner Director cc: Todd Tugwell, USACE - Raleigh; James Lastinger, USACE Scott Mitchell, agent State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1217 W. Jones Street, Suite 3000 919 707 8976 T Mitigation Services ENVIRONMENTAL QUALITY INVOICE# INV -005213 July 31, 2018 David Holleman K & H Developers 204 Scholl St Fuquay-Varina, NC 27526 Project: Whetstone Subdivision County: Harnett 401 permit#: 07-0226 404 permit#: 2004-00866 (7/26/2018 letter) DMS ID#: MR -02555 Location: Cape Fear 03030006 ROY COOPER MICHAEL S. REGAN Sc(l wl Invoice expires: 9/29/2018 Please review this invoice carefully and report any discrepancies immediately to the contact listed below. You have elected to satisfy the compensatory mitigation requirements of the applicable Section 401/404 permit(s) issued for the above referenced project through payment of a fee to the NCDEQ Division of Mitigation Services (DMS) In -Lieu Fee Program. In accordance with 15A NCAC 02R.0402, the amount due is based upon the 2017-2018 Fee Schedule and has been calculated as follows: Mitigation Type Invoiced Amount Rate Fee Riparian Wetland 0.33 $60,187.45 $19,861.86 TOTAL AMOUNT DUE if paid within 60 days: $19,861.86 This invoice expires in 60 days. Expired invoices are not eligible to be paid. Note that permit(s) may require payment before this date. Invoice extensions may be requested by emailing the DMS In -Lieu Fee Program Coordinator at kelly.williams@ncdenr.gov. Extensions will be based on the fee schedule in effect on the date they are issued. Please submit an ePayment at http://go.ncdenr.gov/epaVment or send a check for the Total Amount Due to the address below and enclose a copy of your unexpired invoice. US Mail: Physical Address (for other delivery services): NCDEQ NCDEQ Division of Mitigation Services Division of Mitigation Services 1652 Mail Service Center 217 West Jones St., Suite 3000A Raleigh, NC 27699-1652 Raleigh, N.C. 27603 Call for an appointment if you need to hand -deliver a payment. Third party payments must be accompanied by written authorization from the permittee. All refund requests must be submitted in accordance with the Division's refund policy at www.nceep.net. If you have questions concerning this payment, please call Kelly Williams at (919) 707-8915. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM DMS PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Todd Tugwell, USACE - Raleigh; Emily Greer, USACE Scott Mitchell„ PE, agent State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1217 W. Jones Street, Suite 3000 919 707 8976 T