20200519 Ver 1_PCN Form Submission_20200415

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200519
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Washington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Fieldstone - Section 2
1a. Who is the Primary Contact?
Rocky Russell Development, LLC
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/15/2020
Nearest Body of Water
Green's Mill Run
Basin
Tar -Pamlico
Water Classification
C;NSW
Site Coordinates
Latitude:
35.58
A. Processing Information
County (or Counties) where the project is located:
Pitt
Is this a NCDMS Project
r Yes r No
Longitude:
77.44
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
David May:eads\dlmay
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permits) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Fieldstone Section 2 DIMS Acceptance Letter.pdf
1h. Is the project located in any of NC's twe nty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
4 Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Rocky Russell Development, LLC
2b. Deed book and page no.:
DB 3871, PG 449
2c. Responsible party:
Rocky Russell
2d.Address
Street Address
106 Regency Blvd
Address Line 2
city
Greenville
Fbstal / Zip Code
27834
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
2f. Fax Number:
362.33KB
r Yes r No
r Yes r No
U

4. Agent/Consultant (if applicable)
4a. Name:
Richard A. Brown
4b. Business Name:
Stroud Engineering, PA
4c.Address
Street Address
107E Commerce Street
Address tine 2
city
Greenville
Postal / Zip Code
27858
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent Authorization.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Fieldstone - Section 2
1c. Nearest municipality/ town:
Greenville, NC
2. Project Identification
2a. Property Identification Number:
PIN 86011 & PN 86012
2c. Project Address
Street Address
Cedrus and Sweet Bay Drive
Address Line 2
city
Greenville
Postal / Zip Ode
27858
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Green's Mill Run
3b. Water Resources Classification of nearest receiving water:*
QNSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201030403
4. Project Description and History
State / Province / Region
NC
O entry
USA
4e. Fax Number:
2b. Property size:
13.8
State / Rwince / legion
NC
Oxn ry
USA
47.22KB
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:*
This property is currently vacant and over grown. The general use in the vicinity of this project is for duplexes and single family homes, which is the same use proposed for this
development.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)

USGS.pdf
59.77KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Map.pdf 527.52KB
4f. List the total estimated acreage of all existing wetlands on the property:
1.145
4g. List the total estimated linear feet of all existing streams on the property:
1100
4h. Explain the purpose of the proposed project:*
Fieldstone - Section 2 is a continuation of the duplexes immediately east of these parcels. With the wetlands shown onsite, we tried to minimize the impacts and still keep the site as
functional as possible. One impact consists of the road construction for the development, the others are for fill in the back yards to maximize available space.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The road crossing will be provided with the use of 20 ton dump trucks, bull dozers for grading of the road and excavators for utility installation. the equipment will be large enough not to
further impact any wetlands beyond the impacts that are delineated.
4j. Please upload project drawings for the proposed project.
Wetland Impact Map.pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
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 N/A
Corps AID Number:
SAW-2019-00345
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Scott Stone
Environmental and Soil Service, Inc
8.28MB
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
PJD 12/12/2019
5d1. Jurisdictional determination upload
SAW-2019-00345 PJD.pdf 1.31 MB
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?
no
D. Proposed Impacts Inventory
U
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a. Site #* M 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested* �21`.Typeof 2g. Impact
Jurisdicition*(?) area*
1
Road/Utility
P
Pine Flat
Wetland #1
No
Both
0.147
(acres)
2
Backyard Fill
P
Pine Flat
Wetland #2
No
Both
0.185
(acres)

3
Backyard Fill
P
Pine Flat
Wetland #3
No
Both
0.037
(acres)
4
Backyard Fill
P
Pine Flat
Wetland #3
No
Both
0.093
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.462
2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.462
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the geometry of this parcel, in order to keep the road connectivity, the street impact was unavoidable. In other areas we tried to keep the
impacts to strait lines that are easily constructed and minimize any type of impact to the adjacent wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The use of equipment that is large enough to handle the impact without damaging the area adjacent to it. In areas where impacts are smaller, laborers
and shovels may be used.
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?
W 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:
Department of Mitigation Services
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.462 ac
Attach Receipt and/or letter
Fieldstone Section 2 DMS Acceptance Letter.pdf 362.33KB
3c. Comments
F. St ro mwater 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
If no, explain why:
There is no Buffered Stream onsite.
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
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government r State
Local Government Stormwater Programs
r Phase II W NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
City of Greenville
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
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.
This is a composite submittal for all impacts associated with this development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
There is a Gravity Sewer system that will be designed to serve these duplex lots.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
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
r Unknown
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?
Fish & Wildlife Service

Consultation Documentation Upload
FWS Letter.pdf 215.81 KB
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?*
Fish and Wildlife Service
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?*
NCHPO website
7c. Historic or Prehistoric Information Upload
NCHPO Site.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Flood Insurance Maps
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
*
R By checking the box and signing below, I certify that:
16.97KB
• 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:
Richard A. Brown
Signature
,#,C #P A '�"
Date
4/15/2020
U

April 6, 2020

Rocky Russell
Rocky Russell Development, LLC
106 Regency Blvd
Greenville, NC 27834 Expiration of Acceptance: 10/6/2020

Project: Fieldstone Section 2 County: Pitt

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Tar-Pamlico 03020103 Non-riparian Wetland 0.462

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Richie Brown, agent

PROPERTY LEGAL DESCRIPTION:
LOT NO,
AGENT AUTHORIZATION FORM
LAN NO, PARCEL ID:'e5(PUtI t 0pO12
STREET ADDRESS: " tf: LDfj ! QAl ��
Please print: �-7
Property Owner: K�&14 Vvyy�su. DzLc fei' ewz
Property Owner:
The undersigned, registered property owners of the above noted properly, do hereby authorize
ist44L>i7 'bU�t� of '� Uup �yalA1
(Contractor J Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
1 b Vet 1�C4 owc)
Telephone: Z6 :2--'% 01
We hereby certify the above information submltied in this application is true and accurate to the
best of ouY knowledge.
1
Author`] dd Signatur Authorized Signature
Date: f Date:

l
GREAT LAUREL CT
� Ls WEEET BAYI
DR
�%* "0�LN
1106, L:�
a

3
v
N
278440
35° 34' 57" N
_O
M
35° 34' 44" N
278W 278500 278560 278620 278680 278740
3
N Map Scale: 1:2,830 if printed on A landscape (11" x 8.5") sheet.
N Meters
0 40 80 160 240
Feet
0 100 200 400 600
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UfM Zone 18N WGS84
G}DA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
Soil Map —Pitt County, North Carolina
27&500 278560 278620 278680 278740 278800
278860 278920 2789W
278800 278860 278920 278980
3
n
279040
35° 34'57"N
M
_O
35° 34' 44" N
279040
3
3/1 /2020
Page 1 of 3

MAP LEGEND
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
- -
Soil Map Unit Lines
o
Soil Map Unit Points
Special
Point Features
Blowout
®
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
v
Landfill
A.
Lava Flow
.a.
Marsh or swamp
Mine or Quarry
o
Miscellaneous Water
v
Perennial Water
Rock Outcrop
+
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
as
Sodic Spot
Soil Map —Pitt County, North Carolina
RE-1 Spoil Area
o Stony Spot
m Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
` Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
N Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at
1:15,800.
Warning: Soil Map may not be valid at this scale
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Pitt County, North Carolina
Survey Area Data: Version 16, Sep 16, 2019
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Apr 23, 2015—Feb
25, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
U� Natural Resources Web Soil Survey 3/1/2020
IiiiiiConservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map —Pitt County, North Carolina
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
By
Byars loam
1.8
5.1 %
14.7%
ExA
Exum fine sandy loam, 0 to 1
percent slopes
5.2
Ly
Lynchburg fine sandy loam, 0
to 2 percent slopes, Atlantic
Coast Flatwoods
0.1
0.2%
Ra
Rains fine sandy loam, 0 to 2
percent slopes, Atlantic
Coast Flatwoods
28.3
80.0%
Totals for Area of Interest
35.4
100.0%

April 6, 2020

Rocky Russell
Rocky Russell Development, LLC
106 Regency Blvd
Greenville, NC 27834 Expiration of Acceptance: 10/6/2020

Project: Fieldstone Section 2 County: Pitt

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Tar-Pamlico 03020103 Non-riparian Wetland 0.462

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Richie Brown, agent

220
2 3DU

April 1, 2020

Richie Brown
Stroud Engineering, P.A.
107B Commerce Street
Greenville, NC 27858

Re: Fieldstone Section 2 Subdivision – Pitt County

Dear Mr. Brown:

This letter is to inform you that t he Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally-listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office’s project planning website at
https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project’s Action Area, then you may use the Service’s Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amend ed (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern 1 that
are known to occur in each county in North Carolina, and other resources.

Section 7 of the Act requires that all federal agencies (or their designated non -federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessme nt or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species’ life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.

1 The term “federal species of concern” refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that th e species will eventually be proposed for listing as a federally endangered or
threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse
impacts to federal species of concern.

If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species’ presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.

If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect , and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.

With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of t he Endangered Species Act.

Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this rev iew; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.

However, t he Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained b etween the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.

The North Carolina Wildlife Resources Commission has deve loped a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this d ocument in the development of your projects and in
completing an initiation package for consultation (if necessary).

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species’ lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.

Sincerely,

Pete Benjamin
Field Supervisor