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HomeMy WebLinkAbout20200111 Ver 1_PCN Form Submission_20200117DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial 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 Change only if needed. BIMS # Assigned 20200111 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Johnston County Detention Center Project 1a. Who is the Primary Contact?* Jon Swaim 1b. Primary Contact Email:* jon.svvaim@mcgillassociates.com Date Submitted 1/17/2020 Nearest Body of Water Mill Branch Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.500726 A. Processing Information County (or Counties) where the project is located: Johnston Is this project a public transportation project?* r Yes r No Longitude: -78.305847 1a. Type(s) of approval sought from the Corps: W 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? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (828)386-1920 U 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 r Non-404 Jurisdictional General Permit r Individual Permit 39 - Commercial/Institutional Developments F 401 Water Quality Certification - E)iress r Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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 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? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Johnston County 2b. Deed book and page no.: 05272,0536 2c. Responsible party: Jimmy Boykin 2d.Address Street Address 1090 W Market St Address Line 2 City Smithfield Postal / Zip Code 27577 2e. Telephone Number: (919)422-2962 2g. Email Address:* jimmy@sgcdesignbuild.com 4. Agent/Consultant (if applicable) 4a. Name: Jon Swaim State / Province / Region North Carolina Country United States 2f. Fax Number: 4b. Business Name: McGill Associates 4c.Address Street Address 1013 State Farm Road Address Line 2 CKY Boone Postal / Zip Code 28607 4d. Telephone Number: (828)386-1920 4f. Email Address:* jon.svvaim@mcgillassociates.com Agent Authorization Letter* Signed Agent Authorization Form.pdf JOCO Authorization letter.pdf State / Province / legion North Carolina Country United States 4e. Fax Number: 48.02KB 24KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1 c. Nearest municipality / town: Smithfield 2. Project Identification 2a. Property Identification Number: 2b. Property size: 15111011 16.8 2c. Project Address Street Address Off US-70 Bus Address Line 2 CRY State / Province / Ibgion Smithfield North Carolina Postal / Zip Code Country 27577 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Mill Branch 3b. Water Resources Classification of nearest receiving water:* QNSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011702 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The project site is located near the intersection of Yelverton Grove Road and US-70 Bus, appropmately two miles southeast of Smithfield, North Carolina. Work will be conducted within the Johnston County owned property. The project site will encompass appropmately 16.8 acres including two forested wetland areas (see Sheet C0.2). The entire project area is outside of the floodplain. Project area consists of agricultural land with fringe forested areas. Adjoining properties appear to be mainly commercial, residential, and forested land. 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 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) USGS Map.pdf 411.35KB 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) Soil Map.pdf 341.04KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.47 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 develop the property into a detention center with necessary water and sanitary sewer infrastructure, erosion control and stormwater measures, and access roads and parking area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Proposed project plans call for the construction of a 100,000 SF detention center building with appurtenances. Paved roads to the northwest and southeast of the building will provide access from US 70 BUS and Yelverton Grove Road. Paved parking areas are proposed to the southeast of the building (see Sheet C1.0). Prior to site grading, temporary silt fencing will be installed along wetland boundaries. Silt fencing will remain in place until site stabilization is accomplished. Soil stockpile areas will be located in uplands to the northwest and southeast of the building site protected with silt fencing. Grassed swales will be graded in to divert surface flowto a large skimmer sediment basin located to the north of the building site (see Sheets C2.0 and C2.3). The sediment basin will discharge to a permanent grass Swale and 90LF level spreader located in the northeast corner of the property. The construction of the swale and level spreader will result in approx. 0.037-acres of temporary impacts to Wetland B (Impacts W1 and W2) for construction access and maneuvering, and approx. 0.081-acres of permanent impacts to Wetland B (Impact W3) for the installation of the grass swale and level spreader (see Sheet C2.2 and C2.4). Al temporary impacts to existing wetlands will be restored to original conditions after construction and stabilized with native wetland seed mix Permanent erosion control measures will consist of grass swales and diversion berms. Stormwater will be controlled via a system of box inlets and subsurface piping that will divert flow to the large skimmer sediment basin to the north of the building. Outflow from the basin will be discharged to the grass swale and level spreader (see Sheet C2.4). See Sheet C5.6, C5.7, and C5.8 for sediment and erosion control notes and details. Water and sewer infrastructure will connect to existing subsurface lines along Yelverton Grove Road. Installation of utility lines will not result in impacts to jurisdictional areas (see Sheets C3.0 and C3.1). Typical grading equipment such as bull dozers, dump trucks, back hoes, and skid steers will be used for the project. 4j. Please upload project drawings for the proposed project. Johnston Co. Jail - Permit Set - 2019-12-20.pdf 11.37MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: PJD request is attached to this document. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jon Swaim Agency/Consultant Company: McGill Associates, P.A. Other: 5d1. Jurisdictional determination upload PJD Draft.pdf 5.93MB 6. Future Project Plans 6a. Is this a phased project?* f Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? WA [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 r Open Waters f Pond Construction 2. Wetland Impacts 2a. Site # (?) 2af Reason (?) 2b. Impact type (?) 2c. Type of W. 2d. W. name 2e. Forested 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 W2 Typical Construction Typical Construction T T Bottomland Hardwood Forest �Ottomland Hardwood Forest Wetland B Wetland B Yes Yes __] Corps Corps 0.030 (acres) 0.007 (acres) W3 Fill P �Ottomland Hardwood Forest Wetland B Yes Corps 0.081 (acres) 2g. Total Temporary Wetland Impact 0.037 2g. Total Wetland Impact 0.118 2h. Comments: 2g. Total Permanent Wetland Impact 0.081 Temporary wetland impacts associated with construction access and maneuvering for the construction of permanent stormwater measures. Permanent impacts associated with excavation and fill for permanent stornmoter measures. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project designed to minimize wetland impacts as much as practical. Erosion control and stormwater measures designed to limit off -site sedimentation. Stormwater measures proposed within Wetland B were reduced in size as much as practical and designed to avoid impacts to potential Red -cockaded woodpecker trees. Retaining walls are proposed to prevent the encroachment into Wetland A. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Super silt fencing shall be used during construction to minimize impacts to the wetlands. Erosion control and stormwater measures will be constructed during site grading to divert surface flow away from jurisdictional areas. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed project will result in permanent impacts of 0.081 acres to wetlands so no compensatory mitigation will be required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The proposed project is within the Neuse River basin, but is not adjacent to any streams containing protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs F Phase II W NSW r USMP f Water Supply Please identify which local government stormwater program you are using. Town of Smithfield Comments: G. Supplementary Information 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 1b. 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 Policy Act (NEPA/SEPA)?* r Yes r No Comments: Proposed project is funded by Johnston County. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes r No 3b. If you answered "no," provide a short narrative description. No additional development anticipated as a result of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 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 51. 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://ecos.fm.gov/ipac/ USFWS was contacted to discuss potential red -cockaded woodpecker trees located in the northeastern property corner. Trees were located with handheld GPS and plans were altered to avoid potential habitat tree removal. See attached concurrence letter from USFWS. Consultation Documentation Upload IPAC Map. pdf 214.32KB USFWS Response.pdf 1.15MB 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?* https://wm.habitat.noaa.gov/application/efhmpper/indexhtml 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?* https://nc. maps.arcgis.com/home/item.html?id=d2d04d8d7e03403f889419526e682529 7c. Historic or Prehistoric Information Upload NCSHPO Map.pdf 309.15KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* hftps://fris.nc.gov/fris/Home.aspx Miscellaneous Comments Miscellaneous attachments not previously requested. Floodplain Map.pdf 420.86KB Impacts Map.pdf 1.57MB Signature * F7 By checking the box and signing below, I certify that: • 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: Jon Swaim Signature 17 Cj.1-15'aYk?CifG Date 1/17/2020 U Shapin�, Coininunitios �u��clh�i I FA mci I I AGENT AUTHORIZATION FORM PROJECT NAME: Johnston County Detention Center Protect PROPERTY LEGAL DESCRIPTION: DB:05272 PG:0536 PARCELID. 15L11011 STREET ADDRESS: Off US-70 Bus Smithfield NC 27577 Please Print Property Owner/Representative: Johnston County (If Representative) Title: Jimmy Boykin The undersigned, registered property owners of the above noted property, do hereby authorize Jon Swaim of McGill Associates P.A. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's/Representative's Address (if different than property above): P.O. Box 1187 Smithfield, North Carolina 27577 Telephone: 919-422-2962 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 1��- Aut zed ignature Authorized Signature Date: m I ^ a 7— 2G 26 Date: 1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 1 828.386.1920 www.mcgillassociates.com Rick J. Heater County Manager POST OFFICE BOX 1049 9989 FA (919) 989.519.5179 SMITHFIELD, N.C. 27577 September 20, 2019 To whom it may concern: Mr. Jimmy Boykin (w Stephenson's General Contractors) is authorized to handle permitting or any other related activity on behalf of Johnston County - for the Johnston County Detention Center project. If you have any questions, please do not hesitate to call me at 919-989-5100. Thank you, Ct� FOck J. Hester County Manager DIVISION VALUE = FEETGRAPHIC SCALE 1000 0 500 1000 2000 1000 USGS MAP 2 FIGURE12/17/19 19.01906 DATE PROJECT # JOHNSTON COUNTY, NORTH CAROLINA JOHNSTON COUNTY JOHNSTON COUNTY DETENTION CENTER PROJECT BR AL OFFICE MANAGER DESIGNER CS JS PROJECT MANAGER REVIEWER C:\USERS\ALEX.LOWDERMILK\DESKTOP\JD FIGURES AND WETLAND DELINEATION MAP.DWG PLOT DATE 12/17/2019 12:26 PM ALEX LOWDERMILK1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com Property Line/Study Limits Soil Map—Johnston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/17/2019 Page 1 of 339315003931600393170039318003931900393200039321003932200393230039316003931700393180039319003932000393210039322003932300744100744200744300744400744500744600 744100 744200 744300 744400 744500 744600 35° 30' 15'' N 78° 18' 34'' W35° 30' 15'' N78° 18' 9'' W35° 29' 49'' N 78° 18' 34'' W35° 29' 49'' N 78° 18' 9'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 150 300 600 900 Feet 0 50 100 200 300 Meters Map Scale: 1:3,960 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Johnston County, North Carolina Survey Area Data: Version 23, Sep 16, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Oct 29, 2014—Dec 9, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Johnston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/17/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI GoA Goldsboro sandy loam, 0 to 2 percent slopes 1.5 8.7% Gr Grantham silt loam, 0 to 2 percent slopes 0.0 0.1% NoA Norfolk loamy sand, 0 to 2 percent slopes 14.5 83.2% Ra Rains sandy loam, 0 to 2 percent slopes 1.4 8.0% Totals for Area of Interest 17.5 100.0% Soil Map—Johnston County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/17/2019 Page 3 of 3 NCHPO HPOWEB Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Limits Local districts & boundaries Local individual resources & centerpoints Local Landmark Local Landmark, Gone Local HD Center Point Surveyed Only individual resources & centerpoints Surveyed Only Surveyed in NRHD Surveyed Only, Gone Surveyed in NRHD, Gone Blockface- Multiple properties Blockface in NRHD Surveyed Area, No designation Surveyed Area in NHRD DOE districts & boundaries Determined Eligible Boundary Both DOE and Study List Boundary DOE individual resources & centerpoints Determined Eligible DOE, Gone SL and DOE SL and DOE, Gone DOEHD Center Point SLDOEHD Center Point SL districts & boundaries Study List Boundary Both SL and Determined Eligible Boundary SL individual resources & centerpoints SL Individual Entry SL and DOE entry Study List Entry, Gone SL and DOE, Gone SLHD Center Point 1/8/2020 10:42:00 AM 0 0.15 0.30.07 mi 0 0.25 0.50.13 km 1:9,028 North Carolina State Historic Preservation Office City of Goldsboro, Johnston County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS | Esri, HERE | Fl oodpla i n Ma p Ja n 8, 202 0¯ No rth Carol ina F loo dpl ai n Mapp ing Prog ram 200 0 100 200 400 200DIVISION VALUE = FEETGRAPHIC SCALE IMPACTS MAP 6 FIGURE1/7/20 19.01906 DATE PROJECT # JOHNSTON COUNTY, NORTH CAROLINA JOHNSTON COUNTY JOHNSTON COUNTY DETENTION CENTER PROJECT MC AL OFFICE MANAGER DESIGNER CS JS PROJECT MANAGER REVIEWER P:\2019\19.01906-MOSELEYARC-JOHNSTON CO PSC\DESIGN\PERMITS\JD\JD FIGURES AND WETLAND DELINEATION MAP.DWG PLOT DATE 1/7/2020 3:53 PM ALEX LOWDERMILK1013 State Farm Road Boone, NC 28607 828.386.1920 NC Firm License # C-0459 mcgillassociates.com Legend Wetland Limits Property Line/Study Limits Data Points Impacts Table Temporary Impact - W1 0.030 Acres Temporary Impact - W2 0.007 Acres Permanent Impact - W3 0.081 Acres Wetland A Wetland B US 7 0 B U SYELVERTON GROVE RDProperty Line/Study Limits Temporary Impact - W2 Temporary Impact - W1 Permanent Impact - W3 January 08, 2020 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-0449 Event Code: 04EN2000-2020-E-01019 Project Name: Johnston County Detention Center Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 01/08/2020 Event Code: 04EN2000-2020-E-01019   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 01/08/2020 Event Code: 04EN2000-2020-E-01019   3    ▪ Attachment(s): Official Species List 01/08/2020 Event Code: 04EN2000-2020-E-01019   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 01/08/2020 Event Code: 04EN2000-2020-E-01019   2    Project Summary Consultation Code:04EN2000-2020-SLI-0449 Event Code:04EN2000-2020-E-01019 Project Name:Johnston County Detention Center Project Type:DEVELOPMENT Project Description:Detention Center Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.50063750872246N78.30581195862321W Counties:Johnston, NC 01/08/2020 Event Code: 04EN2000-2020-E-01019   3    1. Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , 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. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 01/08/2020 Event Code: 04EN2000-2020-E-01019   4    Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Tar River Spinymussel Elliptio steinstansana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1392 Endangered Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Pt"E"TOp United States Department of the Interior �p ti� o m a FISH AND WILDLIFE SERVICE Raleigh ES Field Office +4geH Post Office Box 33726 Raleigh, North Carolina 27636-3726 January 9, 2020 Alex Lowdermilk McGill Associates 1013 State Farm Road Boone, NC 28607 Re: Johnston County Detention Center — Johnston County Dear Mr. Lowdermilk: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a .federally -listed species or designated critical habitat tray be affected by a proposed project. For future projects. please visit the Raleigh Field Otfice's project planning website at htt s:/R /wwte.fws.(Y ov/n_ /pp httnl. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at httl)s://ecos.fws pov/ipac/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern[ that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or ' The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures betaken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, --- before conducting any-aetivi-ties that mighty€feet the species. if you determine -that -the proposed — action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. 2 We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, fete Benjamin _____ Field Supervisor