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HomeMy WebLinkAbout20200280 Ver 1_PCN Form Submission_20200219DWR mrislon Of Water Re ..l 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?* r Yes r No Change only if needed. BIMS # Assigned 20200280 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: Spring Branch Subdivision Ia. Who is the Primary Contact?* Wyatt Brown, Brown's Environmental Group, Inc. 1b. Primary Contact Email:* brownenvgrp@gmaii.com Date Submitted 2/19/2020 Nearest Body of Water Pole Branch Basin Neuse Water Classification Class C; NSW Site Coordinates Latitude: Longitude: 35.491627-78.556459 A. Processing Information County (or Counties) where the project is located: Johnston Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? V Nationwide Permit (NWP) r- Regional General Permit (RGP) r- Standard (IP) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (919)524-5956 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 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? fJ Owner W 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: Sue Johnson Langdon 2b. Deed book and page no.: Book 01132 Page 0749; Book 01069 Page 0621; Book 01150 Page 0405 2c. Responsible party: 2d.Address Street Address 8192 NC Hwy 50 N Address Line 2 City Angier Postal / Zip Code 27501 2e. Telephone Number: (919)600-2125 2g. Email Address:* sue@theruffinagency.com 3. Applicant Information (if different from owner) 3a. Name: Seth Thompson Sate / Province / legion NC C—try USA 2f. Fax Number: 3b. Business Name: Wellons Construction 3c.Address Street Address 501 N Powell Ave Address Line 2 aty Dunn Postal / Zip Code 28334 3d. Telephone Number: (919)868-1733 3f. Email Address:* setht@,Aellonsconstruction.com 4. Agent/Consultant (if applicable) 4a. Name: Wyatt Brown 4b. Business Name: Brown's Environmental Group, Inc. 4c.Address Street Address 242 Batten Farm Rd Address Line 2 city Selma Postal / Zip Code 27576 4d. Telephone Number: (919)524-5956 4f. Email Address:* brownenvgrp@gniail.com Agent Authorization Letter* US Army Corps Agent Letter.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Benson 2. Project Identification State / Rovince / Region NC Country US 3e. Fax Number: State / Province / Rion NC 0-" USA 4e. Fax Number: 2a. Property Identification Number: 163300-14-9379; 163300-23-3687; 163300- 2b. Property size: 24-5371 62.18 2c. Project Address Street Address 1064 Stephenson Rd Address Line 2 City State / Rwince / laegion Benson NC Fbstal / Zip Code Country 27504 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Pole Branch 3b. Water Resources Classification of nearest receiving water:* 140.57KB Class C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 03020201120 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 project is located on the north and south side of Stephenson Rd. in Johnston County, NC. Property is currently cultivated farmland and forested woodlands, with two private residences and several typical farm outbuildings. There is a farm pond located in the center of the project, with a perennial stream flowing into and out of the pond. Wetlands were found in the headwaters of the pond. Forested wetlands and perennial streams are present downstream of the pond, and along the north and south property boundaries. A large swamp is present along the eastern boundary, which is also the 1-40 right of way. General land use in the area is a mix of agricultural use and single-family residential subdivisions. 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) 3. USGS 01202020.pdf 187.6KB 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) 5. NRCS 01202020.pdf 761.12KB 4f. List the total estimated acreage of all existing wetlands on the property: 16.97 4g. List the total estimated linear feet of all existing streams on the property: 3,483 4h. Explain the purpose of the proposed project:* To construct a 29-lot single-family residential subdivision, with associated roadways and utilities, to meet increased housing demand in the western Johnston County area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed Spring Branch subdivision consists of 29 single-family lots, to be constructed on both the north and south sides of Stephenson Rd. The northern portion of the subdivision will include 14 lots and requires a culverted roadway crossing of a perennial stream to access 10 of the proposed 14 lots, which are situated on uplands on the north side of the stream. Work will be conducted under an Erosion & Sediment Control plan, to be approved by Johnston County Public Utilities Department. Construction of the roadway will be completed using typical road construction materials and equipment. 4j. Please upload project drawings for the proposed project. Spring Branch Site Plan and Impact Map.pdf 616.59KB 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: Streams and wetlands were delineated by Martin Richmond in September and November 2019, and January 2020. 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: TBD 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Martin Richmond Agency/Consultant Company: Lakenheath, Inc. Other: Sd1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r 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? None D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): fd Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of ImpactJurisdicition*(?)]2g. area W01 Culvert P Headwater Forest Wetland A Plo Both 0.050 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.050 2g. Total Wetland Impact 0.050 2h. Comments: Within the impact area, Wetland A is an open, herbaceous linear wetland in the headwaters of a farm pond, with little no mature trees. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width* 3h. Impact (?) Jurisdiction* length* g� Culvert Permanent Culvert Stream 01 irj Perennial Both 3Aver.�7e(feet) 79nearfeet) fl Dissipater Pad Outlet Protection Permanent Rip Rap Fill Stream 01 Perennial Both 3 Average (feet) 21 (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 100 0 3i. Total stream and ditch impacts: 100 3j. 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: Prior to site design, the applicant requested a delineation of wetlands, streams, and riparian buffers, in order to avoid impacts where practicable. Due to the topographic location of the farm pond and the perennial Stream 01, which eMend throughout the project (on the north section) from the western property boundary to the eastern boundary, a stream crossing could not be avoided in accessing the northern lots. The total permanent stream impacts proposed are 79 linear feet of stream (culvert impact) and 21 linear feet of stream (dissipater pad impact). The proposed crossing is located above the farm pond, crossing Stream 01 at a perpendicular angle, in a relatively straight reach of stream as it flows into the pond, minimizing total footage of the required culvert stream impact. Wetland impacts will be required, as the stream is draining through linear wetlands situated in the headwaters of the pond; however, the proposed crossing is situated in an open, herbaceous grassy area (possibly a former farm road crossing), already devoid of mature trees, and not a forested wetland. This location also reduces the amount of required tree removal from the riparian buffer. Alternatively, the epsting dam of the farm pond is not suitable for construction of a permanent roadway, and locating the roadway below the dam does not avoid crossing the stream, would likely impact more wetlands, and would result in a new road corridor being created within a forested area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Headwalls will be used with the culvert to reduce required stabilizing fill, minimizing the required total footprint of the impact. Site work will be conducted under Erosion &Sediment Control Plan, reviewed and approved by Johnston County Public Utilities. Access to the work area will be from high ground, and construction mats will be used if necessary. When possible, work will be conducted during dry periods to avoid heavy Flow events. 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 6 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total permanent stream impacts are less than 150 linear feet, and total permanent wetland impacts are less than 0.1 acre. 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 What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen fJ Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOTs 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 Comments: The storravater management plan for the proposed Spring Branch subdivision will be reviewed and approved by the Johnston County Public Utilities Stormwater Department prior to final site plan approval. 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 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?* r Yes r No 3b. If you answered "no," provide a short narrative description. The Spring Branch Subdivision is a single-phase project with no planned additional development in the future. Individual septic systems servicing residential lots will not impact streams or wetlands, and will be permitted through Johnston County Environmental Health Dept. Individual residential lots which may include potential streams or wetlands will include an informative insert on the lot survey noting the possible presence of streams or wetlands potentially under jurisdiction of the US Army Corps of Engineers (USAGE), and any proposed disturbance, fill, or alteration may require authorization through USACE and/or the North Carolina Division of Water Resources. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r' 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 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? A USFWS IPaC Resource List Report for the project was reviewed (attached with this submittal). The report identified five (5) species for consideration: Red -cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and Michauxs sumac. A copy of the IPaC report is included with this submittal. During the site survey, no habitat was identified for any of the IPaC-listed species, as noted: Red -cockaded woodpecker typically requires a habitat of mature pines, primarily devoid of other tree species, with grassy understory to provide foraging habitat. The wooded areas within the project consisted of mixed pine/hardwood forest, typically with understory of heavy privet, and did not exhibit these conditions. The Neuse River waterdog, Carolina madtom, and Atlantic pigtoe are aquatic species typically requiring large, perennial stream habitats, usually defined with moderate, well -oxygenated flow and strongly differentiated substrate. Stream 01 is a low flow, marginally perennial low gradient stream with little substrate, located above an existing farm pond likely structured through past ditching, and did not exhibit the required conditions for the listed species. Michaux's sumac is a flowering plant, shade intolerant, and typically found in open areas along existing woodlines, utility corridors, and other maintained areas. During the site evaluation, a visual observation was made of the woodline areas of the site. Within the maintained areas, the frequency of mowing and cultivating does not allow for establishment of Michauxs sumac. The wooded areas, including the edge of treeline, exhibited heavy overgrowth, and is not considered habitat for shade intolerant species. Three other aquatic species are included on the USFWS listing of Endangered and Threatened Species, Federal Species of Concern, and Candidate Species for Johnston County, NC, dated 6/27/2018: the Dwarf wedgemussel, Tar River spinymussel, and Yellow lance. The previously described stream conditions noted in Stream 01 do not provide adequate habitat these species. A copy of the USFWS listing of Endangered and Threatened Species, Federal Species of Concern, and Candidate Species for Johnston County, NC is included with this submittal. In addition, a project review letter was requested through the NCNHP Data Explorer. The letter, dated January 6, 2020, indicates no federally listed endangered or threatened species, federal species of concern, or candidate species within the project or within 1.0 mile of project. A copy of the NCNHP letter is included with this submittal. Consultation Documentation Upload Spring branch SD_IPaC and NHP Letters.pdf 6.28MB 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?* There are no EFH located in Johnston County, NC. 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 Properties HPOWEB Database. 7c. Historic or Prehistoric Information Upload SHPO Map.pdf 255.62KB 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?* ncfloodmaps.com and Johnston County GIS Services. Miscellaneous Comments I have attached the Preliminary JD submittal with this form. Miscellaneous attachments not previously requested. Signature ® 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: Wyatt Brown Signature Date 2/19/2020 September 9, 2019 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mr. James Josh Deal Re: Spring Branch, Johnston County I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives ofthe Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described (NC PIN # 163300-14-9379) forthe purpose of conducting on -site investigations and issuing a determination associated with Waters ofthe U.S. subject to Federal jurisdiction under Section 404 ofthe Clean Water Act and/or Section 10 ofthe Rivers and Harbors Act of 1899. Also, Mr. Wyatt Brown of Brown's Environmental Group, Inc. has my permission to act as my agent on this property concerning wetlands and streams. 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BOX 730 DUNN, NC 28335 I%% NOTE: This document, in physical or electronic form, discloses subject matter considered confidential to ENOCH ENGINEERS, P.A. and on which ENOCH ENGINEERS, P.A. has exclusive pi Revisions PLAN INFORMATION: DESIGNED BY: EE, PA HORIZONTAL SCALE: 1 "=100' 02-10-2020: JOCO COMMENTS DRAWN BY: EE, PA VERTICAL SCALE: - CHECKED BY: FT DATE CREATED: 12-18-2019 SURVEY INFORMATION: IN x�=o oFTIm� = a� PT" aj _aj z zo v,ol=rip �oa Q o z operty rights. Neither receipt nor possession thereof confers or transfers any rights to reproduce this document or any part thereof, or to disclose any information contained therein to others, or to use it for any purpose without the written permission of ENOCH ENGINEERS, P.A. X:\projects\496: 0 0 N O O LOCATION: ReVlslons PLAN INFORMATION: HENSON RD.EDESIGNPA BY: HORIZONTAL ALE LE SPRING BRANCH STREAM CROSSING EL�EVATIgJ TOYMSHIP JOHNSTON COUNTYDRAVNBY: NOR'" cARouNA PAPROPERTY VERTICAL SCALE OVMERIDEVELOPER: CHECKED BY: DATE CREATED: STREAM/WETLANDS IMPACT p0. ELLOBOX S LAND AND DEVELOPMENT FT FT 02-19-2019 SURVEY INFORMATION: NOTE: This document. DUNN, NC 28335 P.A. aM on which ENOCH ENGINEERS. P.A, has exclusive properly rights. document or any part thereof, or lc in physical or electronic form, discloses subject matter considered confidential to ENOCH ENGINEERS. NOW receipt hor possession thereof confers or transfers any rights to reproduce this Enoch ngineers , P.A. CONSULTING ENGINEERS& SURVEYORS 1403 NC I li-h—y 50 South - Ben— NC 2799 Phone: (u1u)%u4-7765 Fax:(u 1u) N E-msrerieral�enorhen -21,1 .um NC Firm Liren�e,tlC 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 1/10/2020 IPaC: Explore Location IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Johnston County, North Carolina Go Local office Raleigh Ecological Services Field Office �. (919) 856-4520 JEJ (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 1 /11 1 /10/2020 IPaC: Explore Location 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 2/11 1/10/2020 IPaC: Explore Location Endangered species This resource list is for informational purposes only and does not constitute an analysis of The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific Information Is often required. -\A Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. 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. The following species are potentially affected by activities in this location: Birds NAME STATUS https://ecos.fws.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 3/11 1 /10/2020 IPaC: Explore Location Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians NAME Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6772 Fishes NAME Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered STATUS Proposed Threatened STATUS Proposed Endangered 4 N'* , https://ecos.fws.gov/ecp/species/528 Clams NAM E STATUS Atlantic Pigtoe Fusconaia masoni Proposed Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/5164 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. httpL//ecos.fws.gov/ecp/species/5217 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 4/11 1/10/2020 IPaC: Explore Location Migratory birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.pip A NA • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. ►IO -11A0 BREEDING SEASON (IFA ............................................................................... BREEDING SEASON IS INDICATED ............................................................................................................ FOR A BIRD ON YOUR LIST, THE ...................................................................................................... BIRD MAY BREED IN YOUR ...................................................................................... PROJECT AREA SOMETIME WITHIN .............................................................................................................. THE TIMEFRAME SPECIFIED, .......................................................................................... WHICH IS A VERY LIBERAL .................................................................................... ESTIMATE OFTHE DATES INSIDE ......................................................................................................... WHICH THE BIRD BREEDS .................................................................................. ACROSS ITS ENTIRE RANGE. https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 5/11 1 /10/2020 IPaC: Explore Location "BREEDS ELSEWHERE" INDICATES Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere 0 �k Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range In the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 6/11 1/10/2020 IPaC: Explore Location Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar s survey effort range, simply hover your mouse cursor over the bar. No Data( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe . ik Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 4F - %L probability of presence breeding season I survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Prairie Warbler BCC Rangewide (CON) (This is a Bird ............................................... of Conservation Concern (BCC). throughout its range .................................................. in the continental .USA ..a...n...d....Ala...s...ka..) .. ......................................... Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of Conservation ....................................... Concern (BCC) .................................. throughout its range ................................................. in the continental ........................................... USA and Alaska.) Red-headed Woodpecker BCC Rangewide ..................................... (CON) (This is a Bird ............................................... of Conservation ....................................... Concern (BCC) .................................. throughout its range ................................................. in the continental ........................................... USA and Alaska.) r https://ecos.fws.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 7/11 1 /10/2020 Rusty Blackbird IPaC: Explore Location BCC Rangewide (CON) (This is a Bird ................................................ of Conservation ....................................... Concern (BCC) .................................. throughout its range in the continental ........................................... USA and Alaska.) Wood Thrush BCC Rangewide (CON) (This is a Bird ............................................... of Conservation ....................................... Concern (BCC) ................................... throughout its range in the continental ........................................... USA and Alaska.) ......................................... Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. % 0-mv, X \\POO What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 8/11 1 /10/2020 IPaC: Explore Location guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. -- Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. V , What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 9/11 1 /10/2020 IPaC: Explore Location or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands 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 AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. �O Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PF01A RIVFRINF R4SBC A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 10/11 1 /10/2020 IPaC: Explore Location The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged V4\64 aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions QA Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.f\Ns.gov/ipac/location/BHMOM2G6DJFIRHKBZZEAQ33B6Y/resources 11 /11 ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-11041 January 6, 2020 wyatt brown Brown's Environmental Group, inc 242 Batten Farm Road Selma, NC 27576 RE. Stephenson Road Property Dear wyatt brown. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Stephenson Road Property January 6, 2020 NCNHDE-11041 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameM Last '� Element Accuracy Federal State Global State Group 0servation Occurrence Status tatus Rank Rank i Date = Rank Dragonfly or 33753 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httr)s:Z/ncnhde.natureserve.org/content/helr). Data query generated on January 6, 2020; source: NCNHP, Q4 Oct 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-11041: Stephenson Road Property - She„ RJ P L'ra 1Nm Fan" rid i s er—n -ari.vh Rd d F 'Y �rrlFhe rso rr Rn N O i N W+i; L Q G,acQ Rd �a E S January 6, 2020 Project Boundary Buffered Project Boundary 1:24,180 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources' Esri, HERE, Garmin,, Intermap, increment P Carp_, GEBCC,, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan, METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3