HomeMy WebLinkAbout20200285 Ver 1_PCN Form Submission_20200221DWR
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
20200285
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:
High Gate 3 crossing
Ia. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
brownenvgrp@gmaii.com
Date Submitted
2/21/2020
Nearest Body of Water
OF Neuse River
Basin
Neuse; Neuse
Water Classification
WS-N, NSW
Site Coordinates
Latitude: Longitude:
35.67211-78.47566
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:
NWP Numbers (for multiple NWPS):
NW 12 for sewer crossing
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record onlyfor Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes IT 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 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:
1) Everland-Lee LLC,
2b. Deed book and page no.:
1) deed 02196, bk 0534, deed 02916 bk 504
2c. Responsible party:
1) Lanny Clifton
2d.Address
Street Address
1) 104 State Ave, Ste 103
Address Line 2
City
Clayton, 27520
Postal / Zip Code
Virginia 23452
2e. Telephone Number:
(919)971-5353
2g. Email Address:*
lannycliftonbuilder@grriail.com
2a. Name(s) on recorded deed:
Creech NC, LLC
2b. Deed book and page no.:
deed 4783 bk 762
Sate / Province / Flagion
NC
C—try
us
2f. Fax Number:
r Yes r No
r Yes r No
2c. Responsible party
Raymond Gottlieb
2d.Address
Street Address
448 Viking Drive Ste 220
Address Line 2
City
Virginia Beach,
Postal / Zip Code
23452
2e. Telephone Number:
(919)723-7070
2g. Email Address:*
ryan@lmssi.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 Road
Address Line 2
city
Selma
Fbstal / Zip Code
27576
4d. Telephone Number:
(919)524-5956
4f. Email Address:*
brownenvgrp@gniail.com
Agent Authorization Letter*
Agent letter Lanny.pdf
Agent Creech LLC.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Clayton, NC 27520
2. Project Identification
State / Province / Rion
Virginia
Country
us
2f. Fax Number:
Slate / Province / Region
NC
Camtry
us
4e. Fax Number:
2a. Property Identification Number:
175000-5--8319, 165907-69-2203, 175000-
2b. Property size:
70-2611
2c. Project Address
Street Address
1294 Shotwell Road
Address Line 2
C7ty
State / Rovince / ftim
Clayton
NC
Postal / Zip Code
Country
27520
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
LT Neuse River
3b. Water Resources Classification of nearest receiving water:*
19.81 KB
141.17KB
WS-IV, NSW
3c. What river basin(s) is your project located in?*
Neuse
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011103
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 area under construction is grown up in scrub Pine Trees, part of the proposed street will cross high ground through the small pines. Wetland impact area #1 will cross a small
wetland, Wetland impact area #2 will cross a drained pond impoundment with a breached dam. The third impact will cross a stream near Shotwell Road. The general area is quickly
changing from rural to urban with single family and apartments. Also commercial development is growing in the general area.
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)
Quad Highgate.pdf
337.01 KB
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)
Soils Highgate.pdf 290.44KB
4f. List the total estimated acreage of all existing wetlands on the property:
-1.262
4g. List the total estimated linear feet of all existing streams on the property:
-554.38
4h. Explain the purpose of the proposed project:*
The Town of Clayton is requiring an access to the property from Shotwell Road . This will allow traffic
to enter the High Gate S/D from Shotwell Road and also Covered Bridge Road. The required entrance from Shotwell Road will assist in Fire/Rescue access and ease traffic along
Covered Bridge Road.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The entrance will connect High Gate S/D to Shotwell Road. The new Street G will begin at the crossing at wetland impact area 1, this crossing will avoid buffer and stream impact, Street
G will run south and east to Stream Crossing/Buffer Impact Area 1 and Wetland Impact Area 2, after this crossing the project will stop at the Project Area line (Everland-Lee Property
Line). A waterline will be installed at the Stream Crossing/Buffer Impact Area 2 and Wetland Impact Area 3. This waterline is required by the Town of Clayton. Bulldozer will be used to
clear the road, a track -hoe will be used to install the crossings and the waterline. No further impact to wetlands or streams are planned and won't be allowed in this project without a new
permit. New building lots will be made available as a result of Street G . These new house lots will not be in the Neuse Buffer or wetlands. The wetlands and buffer will be clearly shown
on the master plan and no impact without a permit will be allowed.
4j. Please upload project drawings for the proposed project.
Highgate Development (4).pdf 1.69MB
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:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wyatt Brown
Agency/Consultant Company: Brown's Environmental Group, Inc
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
7b. If yes, explain.
Figh Gate S/D is a large project with different and sometimes changing property owners, and possibly changing consultants. I don't know of any previous impact to wetlands or streams,
however I advise you to check your records to determine if previous impacts were done. this is the first PCN I have submitted for them. According to the plans this is phase 5.
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?
Not to my knowledge.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands CJ Streams -tributaries r/ Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason M
2b. Impact type * M
2c. Type of W.
2d. W. name *
2e. Forested*
2f. Type of
g. Impact
Jurisdicition*(?)
area*
Wetland Impact
culvert
P
Small -Basin Wetland
Wetland C
Yes
Both
0.038
1
(acres)
Wetland Impact
culvert
P
Small -Basin Wetland
Wetland B C
No
Both
0.253
Area 2
(acres)
Wetland Impact
water line
P
Small -Basin Wetland
Wetland B-C
Both
0.004
Area 3
. . . . J
]Yes
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.295
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.295
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*
S1
Road crossingPermanent
Culvert
Stream 1
Perennial
Both
3
61
Average (feet)
(linearfeet)
S2
rip rap
P P
Permanent
Stabilization
Stream 1
Perennial
Both
3
26
Average (feet)
(lir�rfeet)
fl.teline
rAvenge(feet)
Permanent
Other
Stream 1
Perennial
Both
3
23
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
110 0
31. Total stream and ditch impacts:
110
3j. Comments:
The rip rap will be placed flush with the bottom of the channel and should not count towards the mitigation threshold.
The rip rap is required energy dissipator by NC Land Quality Section.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Qeck all that apply.
® Neuse
❑ Catawba
❑ Goose Creek
❑ Other
❑ Tar -Pamlico
❑ Randleman
❑ Jordan Lake
I6b. Impact Type II6c. Per or Temp I16d. Stream name 116e. Buffer mitigation required? II6f. Zone 1 impact I16g. Zone 2 impact
Buffer Impact 1,crossing, allowable P Stream 1 No 3,910 7,319
Buffer Impact 2, water line, allowable P Stream 1 No 354 894
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 4,264.00 8,213.00
Zone 1 Zone 2
Total combined buffer impacts: 4,264.00 8,213.00
61. Comments:
Supporting Documentation
Roadway Xing Map (4).pdf 513.59KB
Water Line Xing Map (3).pdf 370.34KB
Wetland Impact Map (2).pdf 1.08MB
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:
The first crossing Wetland Impact Area #1 was able to be pushed upstream enough to avoid the stream channel and the stream buffer. On
Stream/Buffer Crossing #1 and Wetland #2 C we are using head walls to lessen the impact to the channel and wetland. We are being forced by
NCDOT to push the crossing east of Shotwell Road. I have attached a letter from Jerry Dalton, PE the engineer for this project in the Miscellaneous
section explaining that DOT is requiring the road in this location.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Care will be taken to disturb as small amount as possible in the riparian areas, care will also be taken not to work in the riparian areas during periods
of high flow or when rain forecast is imminent. Pump around will be installed when working in the wet and the area will be temporarily stabilized at the
end of each work day. The riparian areas will be immediately stabilized when work is completed. The project will also have an approved sediment and
erosion control plan which will be followed.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
rJ Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Wildlands
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.6 acres
Attach Receipt and/or letter
High Gate S-D Wetland SOA 02-04-2020.pdf
503.36KB
3c. Comments
Actual impact was 0.30, at 2:1 we purchase 0.60 acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
C Level Spreader
[ Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
V Other SCM that removes minimum 30 % nitrogen
r 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 NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r- Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
The Storrn-water management plan has been submitted to Johnston County for their review, Johnston County will not approve the plan until The 404, 401 is achieved.
G. Supplementary Information
1. Environmental Documentation
la. 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.
After the Street G and crossings are installed, the only other impacts will be home construction. No construction is planned in any wetland or stream
buffer.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r- Yes r Nor WA
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 IT No
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 IT No
r Unknown
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?
Red Cockaded Wood Pecker-: "The red -cockaded woodpecker makes its home in mature pine forests." The Pine Trees on this site are young trees,
not mature pines. No effect.
Neuse River waterdogs-"are usually found in streams wider than 15 meters (m), deeper than 100 centimeters (cm), and with a main channel flow rate
greater than 10cm/second. Further, they need clean, flowing water characterized by high dissolved oxygen concentrations." Our stream 1 is -3 ft wide,
slow flowing and part of it goes into a braided wetland. No effect.
Carolina madtoms-"Prefer clean water with permanent flow and are not tolerant of siltation and turbidity." Stream 1 is a typical small urbanized stream
with a watershed of recently built S/D's causing the stream to be turbid and silty, the area of the crossing is inside a previous pond site, the dam failed
a few years ago, the previous impoundment bottom is silty. No effect.
Atlantic pigtoe-" is dependent on clean, moderate -flowing water with high dissolved oxygen content, the most abundant populations existed in creeks
and rivers with excellent water quality, and where stream flows were sufficient to maintain clean, silt -free substrates." As stated Stream 1 is a small,
urban stream, flowing through a breached pond impoundment with relic silt and sediment. No effect.
Dwarf Wedge Mussel -"To survive, they need a silt -free, stable streambed and welloxygenated water free of pollutants." As stated Stream 1 is a typical
small urban stream that is sity. No effect.
Michauxs sumac -the project area has small growth pines, I have walked around the site and did not observe Michaw>ts sumac. No effect.
Consultation Documentation Upload
IPaC_ Explore Location.pdf 497.19KB
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?*
NOAA
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?*
The Ellington Ellis Farm is located to the west of our site on old US 70. Our project is outside the blue box. There is a S/D between our project and the
farm house.
The Ellis Creech Farm House is located just south of our project. I don't knowthe significance of this structure. I attached an aerial .
7c. Historic or Prehistoric Information Upload
Cultural Resources.pdf 310.26KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA designated 100-year floodplain?*
r Yes IT No
8c. What source(s) did you use to make the floodplain determination?*
Link above
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Driveway Access 01092020 (3).pdf 236KB
Signature
rJ 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
2/21/2020
November 15, 2019
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Andy Williams
Re: Highgate Section 5,lohnston County
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon
the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of
the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The property's PIN
number is 175000-50-8319 and owned by Everland Lee, LLC,
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.
January 10, 2020
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Andy Williams
Re: Highgate Section 5, Johnston County
, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon
the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of
the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The property's PIN
number is 175000-50-8319 and owned by Everland Lee, LLC.
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.
Raym n Gtlieb
Creech NC, LLC
Manager
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Scale: 1:9,028
Zoom Level: 16
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1294 Shotwell Rd, Clayton, N
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and Associates, P. A.
Dalton Engineering
(919)550-4740
Fax (919) 550-4741
446 East Main Street
Clayton, NC 27520
P.O. Box 426
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
STREAM CROSSING / BUFFER IMPACT AREA #1
TYPICAL CULVERT INSTALLATION DETAIL
RIPARIAN BUFFER IMPACT
STREAM BED IMPACTSTREET "A" -50' PUBLIC R/WSheet:
Revision:
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Job:Date:
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and Associates, P. A.
Dalton Engineering
(919)550-4740
Fax (919) 550-4741
446 East Main Street
Clayton, NC 27520
P.O. Box 426
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and Associates, P. A.
Dalton Engineering
(919)550-4740
Fax (919) 550-4741
446 East Main Street
Clayton, NC 27520
P.O. Box 426
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
STREAM CROSSING / BUFFER IMPACT AREA #2
RIPARIAN BUFFER IMPACT
STREAM BED IMPACTSR1700
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and Associates, P. A.
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446 East Main Street
Clayton, NC 27520
P.O. Box 426
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Sheet:
Revision:
File:
Job:Date:
Drawn:
and Associates, P. A.
Dalton Engineering
(919)550-4740
Fax (919) 550-4741
446 East Main Street
Clayton, NC 27520
P.O. Box 426
CALL BEFORE YOU DIG!
North Carolina One-Call
Center, Inc.
1-800-632-4949
STRE
E
T
"
A
"
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5
0'
P
U
B
LI
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/
W
FOR
HIGHGATE SUBDIVISION - PHASE V
TOWN OF CLAYTON - JOHNSTON COUNTY, N.C.
WETLANDS IMPACT MAPSTREET "B" - 50' PUBLIC R/WSTREET "C"
-
50
'
PUBL
IC
R
/WSR 1700
/
COVERED
BR
IDGE
ROAD
-
60
'
PUBL
IC
R
/W
SR 17
8
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-
BRIDG
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L
A
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-
50' PU
B
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R/
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SR 1553 / SHOTWELL ROAD - 70' PUBLIC R/W
CREECH TRACT
DEVELOPMENT
(BY OTHERS)
WETLA
N
D
S
WETLANDS
WETLAND IMPACT AREA #3
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Statement of Availability
February 4, 2020
Creech NC, LLC
Mr. Raymond Gottlieb
448 Viking Drive, Ste 220
Virginia Beach, VA 23452
RE: Availability of Riparian Wetland Credits for the “High Gate S/D” project
Bank Name: Falling Creek Stream and Wetland Mitigation Bank
Bank Site: Falling Creek Site
Bank Sponsor: Wildlands Holdings, III, LLC
USACE Action ID: 2015-00940
Riparian Wetland Credits Needed: 0.6 acres
Riparian Wetland Credits Available: 5.65 acres
Neuse 03020201 River Basin
Dear Mr. Gottlieb,
Wildlands Holdings III, LLC has the above-mentioned riparian wetland credits from the Falling Creek
Stream and Wetland Mitigation Bank: Falling Creek Site to satisfy the mitigation requirements related
to the above-mentioned project. The project is located within the service area (HUC 03020201) of the
Bank.
Credits may be reserved for a period of 12 months upon the receipt of a non-refundable deposit of 10%
of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis.
Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then
subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits and price
for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided – it
is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve
basis.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the completed 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional
information.
Wildlands Holdings III, LLC · Wildlands Engineering, Inc · 1430 South Mint Street, Suite 104, Charlotte, NC 28203
Sincerely,
Ian M. Hazelhoff
Wildlands Engineering, Inc.
Land Acquisition
ihazelhoff@wildlandseng.com
O: (704) 332-7754 ext. 120
M: (205) 807-0800
Cc: Wyatt Brown, LSS, CPESC, Brown’s Environmental Group, Inc.
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community
Dalton Engineering
and As laces, P.A.
ps/2o2o
To:
Brown's Environmental Group, Inc.
242 Batten Farm Road
Selma NC 27576
Sub:
Highgate Phases
Roadway Access
Wyatt
As requested, the following Is an explanation as to why the crossing from Highgate Phase 5 into the
property owned by EvedandV ee, LM is positioned relatively close to Shmwell Road:
The entrance off Showell Road, into the Evedand Lee project, will he used to access both the Highgate
formed and the planned developmentof the Evedand-Lee tract. Even though there will he three to four
entrances for Me combined projects, eftherof the entrances could access abi dwelling units. The
number of units that could be accessed in Highgate alone is approximately200.
In order to get to Highgate from the Shotwell Road entrance, there will be ninety degree, left turn into
the Hghgate projectalmost immediately aherentering firm SlwCxell Road. In order to mitigate the
potential congestion a[ the entrance, it is required by Ni and good engineering practice, that a-
stacking/storege section be extended into the project to eliminate the-bai onto Sbotwell Road, for
the cars needing get to Highgate by making the left turn across traffic that is waiting to exit onto
5lrotwell Road. The stocking/storage is to Seas many cars as possible off Slicami Road while waiting
tomake the left turn into Highgete-
The distance that is currently shown is the absolute minimum that is required in order provide
mitigation for safety (minimize stacking on the very hig"rafgc Shotwell Road).
I hope this has helped explained why the crossover from Highgate W the Everland-Lee property is
located relatively close to Shotwell Road.
Thank you. `�'xG%RO ,:
erN Toalmn, PE
k $
tG2$2 2e
446 East Main Strei P.O. Bon 426,w Clayton, NC 27528 � (919) 550-4740/Fax (919) 500-4741
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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 a ected by activities in the project area. However, determining the likelihood and
extent of e ects a project may have on trust resources typically requires gathering additional site-speci c (e.g.,
vegetation/species surveys) and project-speci c (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 o ce(s) with jurisdiction
in the de ned 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
U.S. Fish & Wildlife ServiceIPaC
We are aware of connectivity issues in IPaC and working to resolve them.
We apologize for any inconvenience.
×
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Local o ce
Raleigh Ecological Services Field O ce
(919) 856-4520
(919) 856-4556
MAILING ADDRESS
Post O ce Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
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Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.
The primary information used to generate this list is the known or expected range of each species. Additional areas of
in uence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be
indirectly a ected by activities in that area (e.g., placing a dam upstream of a sh population, even if that sh does not occur
at the dam site, may indirectly impact the species by reducing or eliminating water ow 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 e ects to species, additional site-speci c and project-speci c information is often required.
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 o ce and a species list which ful lls
this requirement can only be obtained by requesting an o cial species list from either the Regulatory Review section in IPaC
(see directions below) or from the local eld o ce directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an o cial
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 species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service
(USFWS) and the sheries 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.
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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 o ce of the National Oceanic and
Atmospheric Administration within the Department of Commerce.
The following species are potentially a ected by activities in this location:
Birds
Amphibians
Fishes
Clams
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Endangered
NAME STATUS
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
Proposed Threatened
NAME STATUS
Carolina Madtom Noturus furiosus
There is proposed critical habitat for this species. Your location is outside the critical
habitat.
https://ecos.fws.gov/ecp/species/528
Proposed Endangered
NAME STATUS
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Flowering Plants
Critical habitats
Potential e ects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical
habitat.
https://ecos.fws.gov/ecp/species/5164
Proposed Threatened
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/784
Endangered
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Endangered
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .
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.
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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 nd 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 o 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.
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.php
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
NAME BREEDING SEASON (IF A 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 OF THE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS ITS
ENTIRE RANGE. "BREEDS ELSEWHERE"
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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 ()
INDICATES THAT THE BIRD DOES NOT
LIKELY BREED IN YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in o shore areas from certain
types of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Sep 1 to Jul 31
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10 to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10 to Aug 31
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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 e ort (see below) can be used to establish a level of con dence in the presence score. One can have
higher con dence in the presence score if the corresponding survey e ort 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 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 E ort ()
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 e ort 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
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no data survey e ort breeding season probability of presence
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to
this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is
currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC Vulnerable (This
is not a Bird of
Conservation Concern
(BCC) in this area, but
warrants attention because
of the Eagle Act or for
potential susceptibilities in
o shore areas from certain
types of development or
activities.)
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.)
Rusty Blackbird
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.)
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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.
What does IPaC use to generate the migratory birds potentially occurring in my speci ed 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 ltered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identi ed 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 o shore 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 speci ed 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 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 speci ed. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
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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 Paci c 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 o shore areas from certain types of development or activities (e.g. o shore
energy development or longline shing).
Although it is important to try to avoid and minimize impacts to all birds, e orts 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 a ected by o shore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your
project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also o ers 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 les 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.
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 speci ed 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 e ort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high
survey e ort is the key component. If the survey e ort is high, then the probability of presence score can be viewed as more dependable. In
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contrast, a low survey e ort 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 con rm presence, and
helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities,
should presence be con rmed. 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.
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.
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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:
Data limitations
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 identi ed 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 classi cation 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 veri cation 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 eld work. There may be occasional di erences in
polygon boundaries or classi cations 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 aquatic vegetation that are found in the intertidal and subtidal
zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuber cid worm reefs) have also been excluded
from the inventory. These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
FRESHWATER POND
PUBHh
RIVERINE
R4SBC
R5UBH
A full description for each wetland code can be found at the National Wetlands Inventory website
1/30/2020 IPaC: Explore Location
https://ecos.fws.gov/ipac/location/6ZFNOK3JNFATPBK35DKU5VCQUM/resources 14/14
Federal, state, and local regulatory agencies with jurisdiction over wetlands may de ne and describe wetlands in a di erent manner than that
used in this inventory. There is no attempt, in either the design or products of this inventory, to de ne 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 modi cations within or adjacent to wetland areas should seek the advice of appropriate federal, state,
or local agencies concerning speci ed agency regulatory programs and proprietary jurisdictions that may a ect such activities.