HomeMy WebLinkAbout20201100 Ver 1_401 Application_20200826DWR
Division 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
20201100
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Fayetteville Regional Office - (910) 433-3300
Information for Initial Review
1a. Name of project:
Neill's Pointe (aka Tuscarora Grove)
1a. Who is the Primary Contact?*
Deborah Shirley
1b. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
8/26/2020
Nearest Body of Water
Neills Creek
Basin
Cape Fear
Water Classification
WS-N
Site Coordinates
Latitude:
35.512469
A. Processing Information
County (or Counties) where the project is located:
Harnett
Is this a NCDMS Project
r Yes r No
Longitude:
-78.761034
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?*
r $240.00
r $570.00
Select Project Reviewer*
Chad Turlington:eads\ccturlington
1c. Primary Contact Phone:*
(919)846-5900
U
1b. What type(s) of permit(s) 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
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?
r 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:
James Barefoot
2b. Deed book and page no.:
Book: 3688 Page: 0597
2c. Responsible party:
2d.Address
Street Address
946 Marguerite Drive
Address tine 2
city
Winston Salem
Postal / Zip Code
27106
2e. Telephone Number:
(919)747-4970
2g. Email Address:*
tdalton@drbgroup.com
2a. Name(s) on recorded deed:
Cortez Barefoot III & Rebecca B. Everett
State / Rwince / Ifgion
NC
Country
United States
2f. Fax Number:
r Yes r No
r Yes r No
2b. Deed book and page no.:
Book: 2009 & 3688 Page: 0195 & 0599
2c. Responsible party:
2d.Address
Street Address
2012 Nakoma Place
Address tine 2
CRY
Raleigh
Postal / Zip Code
27607-0000
2e. Telephone Number:
(919)747-4970
2g. Email Address:*
tdalton@drbgroup.com
3. Applicant Information (if different from owner)
3a. Name:
Jay Lewis
3b. Business Name:
Dan Ryan Builders -North Carolina, LLC
3c.Address
Street Address
3000 RDU Center, Suite 202
Address Une 2
City
Morrisville
Fbstal / Zip Code
27560
3d. Telephone Number:
(919)747-4970
3f. Email Address:*
tdalton@drbgroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
City
Raleigh
Fbstal / Zip Code
27615
State / Province / legion
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / legion
NC
Country
United States
4d. Telephone Number: 4e. Fax Number:
(919)846-5900 (919)846-9467
4f. Email Address:*
dshirley@sandec.com
Agent Authorization Letter*
S&EC USCorps Authorization Form.pdf 292.19KB
DRB-NC Agent Authorization. pdf 39.18KB
FC _- Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Angier
2. Project Identification
2a. Property Identification Number:
0674-01-6434, 0674-11-1816, 0674-11-5217
2c. Project Address
Street Address
1133, 1261 & 1343 Chalybeate Springs Road
Address Une 2
City
Angier
Fbstal / Zip Code
27501
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neills Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040501
4. Project Description and History
2b. Property size:
+/- 74.03
State / Rovince / Rion
NC
Country
United States
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:*
Existing conditions onsite consist of forested land with residential structures, outbuildings and driveways. There are three (3) perennial stream features (SA, SB, SC), one (1)
intermittent -marginal stream feature (SD), eight (8) wetland features (W1-W8), and three (3) pond features (1, 2, 3) on the property. Perennial stream'A' (Neills Creek) bounds the
northern parcel on the west along with adjacent wetland 'W1'. Perennial stream'B' bisects the northwestern corner of the southern parcels with adjacent wetlands (W5-W8). Pond 1 is
located in the middle of the property with adjacent wetlands (W2 & W3) and perennial stream feature'C' flowing from the southern property boundary to perennial stream'B'. Pond 3 is
located northeast corner of the southern parcel with adjacent wetland 'W4' and where intermittent stream'D' flows from the eastern property boundary and connects to perennial stream
'B'. Note that S&EC believes that the section of stream feature'D' below pond 3 may have been relocated and is identified as a marginal channel on the S&EC sketch map. Chalybeate
Springs Road bisects the parcels. The general land use in the vicinity of the project consists of mainly agricultural and forested land with some rural 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
1.96 MB
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)
SS.pdf 1.52MB
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 9.23 acres wetlands and approximately 1.50 acres of open waters
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 5,172 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family residential development and necessary infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of a single-family residential development, including but not limited to roads, stormwater devices, utilities, walking trail, and residential
structures. Specifically, there are three (3) road crossings that impact streams, and one (1) wetland impact associated with lot fill and a walking trail. Equipment typically used for
construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
20200811 Tuscarora Grove Impact Maps (002).pdf 8.27MB
POST DA.pdf 981.33KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
G Yes r No G 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 N/A
Corps AID Number:
SAW-2020-00575
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
USACE PJD package submitted on March 30, 2020, with follow up photos and determination request for marginal stream feature D. ***note that "preliminary JD" has not been issued to
date however preliminary was checked at C5b to provide text boxk-
5d1. Jurisdictional determination upload
RE 2020-00575 Barefoot Track PJD Request_ Tuscarora Grove_Neill's Pointe.pdf 105.35KB
S&EC_Barefoot Tract - Wetland Sketch Map 2019_Updated.pdf 2.31 MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
7b. If yes, explain.
This project is phased for construction purposes only
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?
it is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory u
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries F Buffers
F Open Waters F Pond Construction
2. Wetland Impacts
2at Reason (?) 2b. Impact type * (?) 2c. Type of W.* t d. W. name * 2e. Forested* 2f. Type of Impact
Jurisdicition*(?)]2g.
area*
Im act 1A
P
Lot Fill
P
Headwater Forest
W2
Yes
t
0.007
(acres)
Impact 1 B
Greenway Fill I
Headwater Forest
W2
Yes
Both
7777777]
0.005
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.012
2h. Comments:
Total permanent loss wetlands = 0.012 acres
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.012
FI
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
Type of
3gSwidth
3h. I(?)
�[3f.
urisdiction*
length*
S1
Impact 2-Road Cross
P 9-
Permanent
Culvert
Stream C
Perennial
Both
3
91
culvert & headwalls
average (feet)
pir feet)
82
Impact 2-Road Crossing
Permanent
Other
Stream C
Perennial
Both
3
19
Dissipator Pad (Permanent-
average (feet)
(lines fcet)
No Permanent loss)
S3
Impact 2-Road Crosing-
Temporary
Other
Stream C
Perennial
Both
3
10
Construction Access
average (feet)
(li�rfeet)
S4
Impact 3-Road Crossing-
Temporary
Other
Stream D
Intermittent
Both
4
11
Construction Access
Average (feet)
(lin�rfeet)
S5
Impact 3-Road Cross
P 9-
Permanent
Culvert
Stream D
Intermittent
Both
4
44
culvert & headwalls
Average (feet)
(lin�rfeet)
S6
Impact 3-Road Crossing
Permanent
Other
Stream D
Intermittent
Both
4
21
Dissipator Pad (Permanent-
Average (feet)
(li earfeet)
No Permanent Loss)
S7
Impact 4-Road Crossing-
Permanent
Culvert
Marginal Stream 1(D)
Intermittent
Both
3
111
culvert & headwalls
Average (feet)
(lirr feet)
gg
Impact 4-Road Crossing
Permanent
Other
Marginal Stream 1(D)
Intermittent
Both
3
19
Dissipator Pad (Permanent-
Average (feet)
(linearfeet)
No Permanent Loss)
S9
Impact 4-Road Crossing-
Temporary
Other
Marginal Stream 1(D)
Intermittent
Both
3
10
Construction Access
Average (feet)
(liriearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
305
31. Total stream and ditch impacts:
336
31. Total temporary stream impacts:
3j. Comments:
Total permanent loss stream = 246 LF; Total permanent -no permanent loss stream = 59 LF; Total temporary stream = 31 LF; Temporary stream
impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. ***note existing 40' of 36" RCP to be
removed at Impact 3. Existing culvert impacts not included in request—
E. Impact Justification and Mitigation v
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a detailed wetland and stream delineation for the entire property in order to identify natural resources so that impacts could be
avoided and minimized to the maximum extent practicable. Impact 1A & 1 B are proposed wetland impacts for lot fill and greenway fill. Impacts include
permanent loss impacts to a wetland. A retaining wall has been utilized to minimize overall wetland impacts and to avoid open water impacts. Impact 2
is proposed road crossing on a perennial stream. Impacts include permanent, permanent -no permanent loss (dissipater pad) and temporary stream
impacts. This road crossing is necessary to access the southwestern section of the properties on the south side of Chalybeate Springs Road. This
crossing location was designed to avoid the wetlands to the north and to cross at a near perpendicular angle, therefore minimizing impacts to the
stream. Additionally, headwalls and retaining walls were utilized to minimize stream impacts. A dissipator pad will be constructed such that post
construction the top elevation of the riprap does not exceed the pre -construction elevation of the stream bed and will assist with velocities and stream
erosion. Compensatory stream mitigation has been proposed at a 2:1 ratio for the permanent loss impacts for this road crossing. Impact 3 is proposed
road crossing on an intermittent stream. Impacts include permanent, permanent -no permanent loss (dissipater pad) and temporary stream impacts.
This road crossing is necessary to access the properties from Chalybeate Springs Road. This crossing location was designed to utilize and existing
culvert location and to cross at a near perpendicular angle, therefore minimizing impacts to the stream. Additionally, headwalls and retaining walls
were utilized to minimize stream impacts. A dissipator pad will be constructed such that post construction the top elevation of the riprap does not
exceed the pre -construction elevation of the stream bed and will assist with velocities and stream erosion. Compensatory stream mitigation has been
proposed at a 1:1 ratio for the permanent loss impacts for this road crossing. Impact 4 is proposed road crossing on an intermittent (marginal) stream.
Impacts include permanent, permanent -no permanent loss (dissipater pad) and temporary stream impacts. This road crossing is necessary to access
the properties from Chalybeate Springs Road. The location of this crossing was determined by the existing topography and wetland W5. The topo
elevations increase in this area and in order to minimize the stream impacts and to avoid wetland impacts, the road needed to be designed at an
angle. Headwalls and retaining walls were utilized to minimize stream impacts. A dissipator pad will be constructed such that post construction the top
elevation of the riprap does not exceed the pre -construction elevation of the stream bed and will assist with velocities and stream erosion. Temporary
stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. A construction sequence has
been added to the impact map set to summarize construction under dry conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Measures that are being taken to avoid or minimize proposed impacts include sediment basins, silt fences, diversion ditches, and construction
sequences including a coffer dam and pump around for pipe crossing installation. An erosion control plan is also currently being reviewed.
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 F Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Daniels Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 226
Attach Receipt and/or letter
Neill's Pointe - Stream SOA 08-21-2020.pdf
165.64KB
3c. Comments
Perennial -Permanent loss stream impact = 91 LF, 91 @ 2:1 mitigation ratio = 182 LF; Intermittent -Permanent loss stream impact = 155 LF, 155 @ 1:1
= 155 however compensatory mitigation offered in the form of mitigation payment for 44 LF of the 155 LF. NCSAM completed on all three crossing
locations. NCSAM forms and photos attached. Barefoot Site #4 had no aquatic life found after 4 nettings, poor stream substrate and berm adjacent to
the stream that indicate a possible stream relocation. Additionally a NCDWR Stream form was completed and resulted in total points of 16.5.
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there was one (1) bank listed within the 03030004 HUC that had stream credits
available. Attached is a Statement of Availability letter from Wildlands Holdings. Permanent loss wetland impacts are less than 0.10 acre therefore
compensatory wetland mitigation in the form of mitigation payment has not been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
There are no state mandated riparian buffers within the project boundaries.
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 r NSW r USMP P Water Supply
Please identify which local government stormwater program you are using.
Town of Angier
Comments:
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs' document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Neill's Pointe project is a residential development. Additionally, the project is located Within the town of Angier ETJ,
therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water
Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Phase II NPDES
Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -
construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed.
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.
Non -discharge
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
Sc. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
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
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
June 11, 2020. S&EC received response from USFWS on July 27, 2020 that they concurred with the determinations made by S&EC that the proposed
actions is not likely to adversely affect or may affect any federally -listed endangered or threatened species, their formally designated critical habitat, or
species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report
and correspondence from USFWS.
Consultation Documentation Upload
S&EC Tuscarora Grove T&E Report 7_21_20.pdf 7.37MB
RE DUE DATE JULY 9 2020 Fw [EXTERNAL] Tuscarora Grove T&E.pdf 162.51 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?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
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 NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on May 7, 2020, there is one determined eligible
listing was identified Wthin the project area, HT1029, a 1925 1-story Triple A 19th-20th century trad/vern house. Notes included on listing: Ineligible
2013; ER 11-0210; Multi Co Rpt #572; R-2609
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
r No
8b. If yes, explain how project meets FEMA requirements:
FEMA 100-year floodplain is within property boundaries and noted on epsting conditions and plans. No project activities will occur in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
NCSAM Rating Calculator_ Barefoot Site 2.pdf
NCSAM Rating Calculator —Barefoot Site 3.pdf
NCSAM Rating Calculator_ Barefoot Site 4.pdf
NC DWQ Stream Identification Form Version 4 (Site 3).pdf
NC DWQ Stream Identification Form Version 4 (Site 4).pdf
Neill's Pointe NCSAM photo report.pdf
Signature
W By checking the box and signing below, I certify that:
210.28KB
208.74KB
208.46KB
55.74KB
55.94KB
2.92MB
• 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:
Deborah E. Shirley
Signature
Date
8/26/2020
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone. (919) 846.5900 • Far (919) 846.9467
sandmcom
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Descri tion: /Ucy"; ! OI N>tf. S&EC Project #.
Date: z G OAb
The Department of the Army
U.S. Army Corps of Engineers,
69 Darlington Avenue
Wilmington, NC 28403
Attn:
Wilmington District
Field Office:
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) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions.This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 6 G 21 7,p6o 0 44 Fly- I - cy3f .Ono, oir ;ry-r►-131a.000c,
Site Address: 1133 C TQ x
City, County, State: 1
PROPERTY OWNER INFORMATION:
Name: I i.AI
Mailing Address: _
Telephone Number:
Property Owner (please print)
:)y certify the above information submitted in this application is true and accurate to
of our knowledge.
Environmental Consultants,,
8412 Falls of Noma Rowed, ;Suite 104, Ra W. 27615 • Fume (919) 84&5900 • Fax (9" 846-9467
aandcc,comn
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Barefoot tract
Date: February 17, 2020
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Emily Greer Field Office: Wilmington
S&EC Project# 13998
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) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions.This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0674-01-6434.000 & 0674-11-5217.000
Site Address: 1343 & 1133 Chal beate Springs Rd
City, County, State: Angier, NC 27501
PROPERTY OWNER INFORMATION:
Name: Rebecca Everett & Cortez Barefoot III
Mailing Address: 2012 NAKOMA PLACE RALEIGH, NC 27607-0000
Telephone Number:
?,p.6 B, Eye rct�_
Property Owner (please print)
Property Owner Signature
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
CeB h
Y � �
DtB
'B /
NoB..
�
oA �11 �y} : r
DoB CeB
:�a��
.. A (Neills Creek) Ciz B
''--' e ►,f -
� CeD � PaE
a B F
NIC�
B
GaB
e U, FaB
JOC
C e B --�.
..• CeD_. FaB oB
Fa B
1 Bb
ranf ter` �y
< — NC Center for Geographic Information &Analysis'
Project Number: Map Title: N
13998.W1 0 750 1,500
Project Manager: Figure 2- Soil Survey/ I I I I I I I I I
SB Barefoot Tract Feet
Scale: 1750' Harnett County, NC
" = •
Source' Harnett County Soil Soil & Environmental Consultants, PA
Date: 8412 Fa11,ofN.—Road,Bui.104,Raleigh'NC 27615•Ph... :(919)846-5900•F—(919)846-9467
09/12/2019 Survey Sheet 2 ,.dO —
LN
V7IVDA 7JANE LN �.
ry
A (Neills Creek
EEC ,off J J
GR
c
N MCLEDD L' J
N
R
300
SRO
Pond 1
Pond 2
Gr
, RCH
O
h
ETHYL �� C'I
2
J -OF'NC Center for Geographic Infiormatio'n & Analysis
Project Number: Map Title: N
13998.W1 0 1,000 2,000
Project Manager: Figure 1- USGS Map I I I I I I I I
SB Barefoot Tract Feet
Scale: Harnett County, NC
1 " = 1000'
Source: 2019 NC Soil & Environmental Consultants, PA
Date' 9412 FA, of Na,- RoA. S, i, 1K RA,igh. NC 27615 • Ph.- (919) 846-5900 • Fay: (919) 846-946
09/12/2019 Fuquay-Varina Quad . °°'°
HOLDINGSO
Stream Credit Statement of Availability
Cape Fear 04
August 21, 2020
Dan Ryan Builders - North Carolina, LLC
3000 RDU Center, Suite 202
Morrisville, NC 27560
Attn: Mr. Trevor Dalton
RE: Availability of Stream and Riparian Wetland Credits for the "Neill's Pointe" project
Bank Name: Daniels Creek Umbrella Mitigation Bank
Bank Sponsor: Wildlands Holdings IV, LLC
USACE Action ID No. SAW-2017-00998
Permittee: Dan Ryan Builders - North Carolina, LLC
Stream Credits Needed: 337 LF
Stream Credits Available: 1,842 LF
Cape Fear 03030004 River Basin
Dear Mr. Dalton,
Wildlands Holdings IV, LLC currently has sufficient Stream Credits from the Daniels Creek Umbrella
Mitigation Bank to satisfy the mitigation requirements related to the above -mentioned project. The
project is located within the Cape Fear HUC 03030004 watershed.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of the credits will be made upon completion of the Mitigation Responsibility Transfer Form
within the 404 permit approving the mitigation purchase from the Bank and upon receipt of your
payment to Wildlands Holdings IV, LLC.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
(704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional
information.
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203
HOLDINGSOO
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
avarsinske@wildlandseng.com
0: (704) 332-7754 ext. 124
M: (757) 572-5269
Cc: Mr. Camden Brunick, Soil & Environmental Consultants, PA
Ms. Debbie Shirley, Soil & Environmental Consultants, PA
Ms. Emily Greer, USACE
Wildlands Holdings IV, LLC • Wildlands Engineering, Inc • 1430 S. Mint Street, Suite 104, Charlotte, NC 28203
•
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • lax: [919) 846-9467
sandec.com
To: U.S. Fish and Wildlife Service July 21, 2020
Raleigh Field Office S&EC Project No: 13988.W5
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, Tuscarora Grove, Angier — Harnett County, North
Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review May 14, 2020 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing permanent loss
impacts to wetlands and streams.
The location of the project and the action area are identified on the enclosed maps.
Tuscarora Grove (35.11943,-78.762193). The site is located at 1133, 1261 & 1343 Chalybeate Spring
Road, Angier, Harnett County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery@sandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Mason Montgomery
Mason Montgomery em %mmont Montgomery, o=Soil &Environmental Consultants, PA, ou=5&EC,
email=mmontgomery@sandeccom, -US
Date: 2020.07.21 1236.08 -04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
1)
Project Request Review Package
2)
S&EC T&E Species Report
3)
Vicinity Maps
7)
N11P Report
4)
S&EC Photo Report
8)
FWS Species Conclusion Table
5)
Overall Site Plan
9)
FWS Self -Certification Letter
6)
FWS Official Species List
Environmental Consultants,
9412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandcc. com
July 21, 2020
S&EC Project No.: 13998.W5
To: Dan Ryan Builders- North Carolina, LLC
Attn: Trevor Dalton
3000 RDU Center Suite 202
Morrisville, NC 27560
Re: THREATENED & ENDANGERED SPECIES REPORT
Tuscarora Grove (+/- 72 acres)
1133, 1261 & 1343 Chalybeate Spring Road, Angier, Harnett County, NC
Dear Trevor Dalton:
On May 14, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Tuscarora Grove
project shown on the attached maps for potential endangered species. The property is located off
Chalybeate Spring Road in Harnett County, NC. Surface waters onsite flow into Neills Creek in the Cape
Fear River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to
Surface Waters and Wetlands of North Carolina" as WS-IV.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
Tuscarora Grove - S&EC Threatened & Endangered Species Report
Page 1 of 5
July 21, 2020
S&EC Project #13998.W5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• American Alligator (Alligator mississippiensis), Similarity of Appearance (Threatened)
• Cape Fear Shiner (Notropis mekistocholas), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Rough -leaved Loosestrife (Lysimachia asperulaefolia), Endangered
Of the species identified on the official species list, the NHP report identified one Federally threatened
or endangered species within the project area or within 1 mile of the project area. Other State listed
species were found within the project area as listed in the attached NHP report. The NHP report did not
identify any natural or managed land areas within the project area or within 1 mile of the project area.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of it. We found no ideal suitable habitat (e.g., Long Leaf pine forests)
within the project area. The Loblolly pine stands onsite are not mature. Given the lack of species
present, and no presence of suitable habitat we concluded that the project would have "No effect" on
RCWs.
AMERICAN ALLIGATOR (Alligator mississippiensis):
S&EC personnel conducted preliminary surveys of suitable habitat for the American Alligator. The
NHP report did not list any known elemental occurrences within the project area or within 1 mile of
the project area. Suitable habitat for the American Alligator consists of lakes, rivers, creeks, marshes,
swamps, and ponds. American Alligators have also been spotted in manmade ponds. During our site
assessment we found no individual American Alligator species. Due to the perennial streams and
ponds on site we conclude that there is potential suitable habitat onsite and that the project would "May
affect, not likely to adversely affect "the American Alligator.
Tuscarora Grove - S&EC Threatened & Endangered Species Report
Page 2 of 5
July 21, 2020
S&EC Project #13998.W5
CAPE FEAR SHINER (Notropis mekistocholas)
During the preliminary survey for the Cape Fear Shiner we looked for any suitable habitat and
evidence of the species being present. The NHP report did list a historical elemental occurrence within
1 mile of it. The occurrence was along Kenneth Creek and Neills Creek (1987). These species are
found in the Upper Cape Fear River Basin. The suitable habitat these species are found in are streams
with rocky substrate with slow flowing water. While we did not specifically sample for the species, we
also did not find any evidence of the species while conducting our preliminary surveys of the streams
for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does exist onsite. Neills Creek was +/-
4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the one other perennial
stream onsite has suitable habitat. There are currently no proposed impacts to Neills Creek or the other
large perennial stream onsite. Due to this we have concluded that the project would have "No effect"
on the Cape Fear Shiner.
ATLANTIC PIGTOE (Fusconaia masona):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe. The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of it. The suitable habitat for this species consists of medium sized creeks to large rivers
with excellent water quality. This species typically lives in streams with coarse sand and gravel with
moderate to high flowing water. While we did not specifically sample for the species, we also did not
find any evidence of the species while conducting our preliminary surveys of the streams for potential
suitable habitat.
Our preliminary survey concluded that potential suitable habitat does exist onsite. Neills Creek was +/-
4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the other perennial
stream onsite has suitable habitat. There are currently no proposed impacts to Neills Creek or the other
large perennial stream onsite. Due to these observations we have concluded that the project would have
"No effect" on the Atlantic Pigtoe.
Tuscarora Grove - S&EC Threatened & Endangered Species Report
Page 3 of 5
July 21, 2020
S&EC Project #13998.W5
ROUGH -LEAVED LOOSESTRIFE (Lysimachia asperulaefolia):
S&EC personnel conducted a preliminary survey of the site for potential suitable habitat for the
Rough -Leaved Loosestrife. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of it. The suitable habitat for this species is edges between longleaf pine
stands, and pond pocosins. This species can also be found alongside roads and maintained easements.
During our assessment we found no species of Rough -Leaved Loosestrife.
Our preliminary survey concluded that potential suitable habitat does exist onsite. There are disturbed
areas along the road, due to this we have concluded that the project would have "No effect " on the
Rough -Leaved Loosestrife.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb
nesting bald eagles ". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being residential development, we concluded that the project would "May
affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project 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 Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Tuscarora Grove - S&EC Threatened & Endangered Species Report
Page 4 of 5
July 21, 2020
S&EC Project #13998.W5
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Digitally signed by Mason Montgomery
DN: cn=Mason Montgomery, o=Soil &
Environmental Consultants, PA, ou=S&EC,
email=mmontgomery@sandec.com,
Montg OmerY c=US
Date: 2020.07.21 12:36:45-04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Preliminary Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. May 13, 2020.
7. NHP report re: Barefoot Tract. May 13, 2020.
8. S&EC — FWS Species Conclusion Table. 07/21/2020.
9. S&EC — FWS Self -Certification Letter. 05/29/2020.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaQ & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
Tuscarora Grove - S&EC Threatened & Endangered Species Report
Page 5 of 5
N MCLEDD L' J
N
LlNDA JANE LN
ry
,o
, RCH
O
h
2
110J NC Center for Geographic Ffo matio'n & Analysis
Project Number: Map Title: USGS Map N
13998.W5 0 1 ,000 2,000
Project Manager: I I I I I I I I I
1
DS Tuscarora Grove Feet 1000'
Scale: Harnett County, NC
" =
Source: 2019 NC Soil & Environmental Consultants, PA
Date' 8412 FA, of Na,- RoA. Sure 1K RA,igh. NC 27615 • Ph.- (919) 846-5900 • Fay: (919) 846-946
05/15/2020 Fuquay-Varina Quad
DoA � C e B
CeB h
Y �
DtB
C e D ii e D J,
'ram B /
NoB .
oA LL : r
DoB f y ... .� " ` � �• ' Pa��
C�'
..Ce D Pa E
CeD �.
CeD
CAB
PaE
C D Fa_,B
w �
ED
Gp
c-, Fa B
C
�.� �>> NOS. ;
C e B --�j.
.
..• CeDoB _. Fad
Fa B R
fwr
1
�' — „N,C Ginter for Geographic nformation & Analysis
Project Number: SOII $UrVe)/ Map Title: N
13998.W5 0 750 1,500
Project Manager: I i i i I i i i I
DS Tuscarora Grove Feet
Scale: 1750' Harnett County, NC
" = •
Source' Soil & Environmental Consultants, PA
Date: Harnett County Soil 8412 Fa11,ofN.—Road,6ui.104,Raleigh, NC 27615•Ph... :(919)846-5900•F—(919)846-9467
05/15/2020 Survey Sheet 2 ,.d0 —
Photo 3
dPhoto is 1
6q
Legend
0 Property Boundary
M" Potentially Jurisdictional Perennial Stream
moo Potentially Jurisdictional Intermittent Stream
oOWc3o Potentially Jurisdictional Marginal Stream
Potentially Jurisdictional Pond
Potentially Jurisdictional Wetland
d
00
Photo F
31Poll
` NCCGIA
Aerial Photo Map 0 225 450 900 Feet N
Tuscarora Grove
Project No. Scale: Harnett County, NC
13998.W5 1" = 225' Aerials from NC One Map
Soil &Environmental Consultants, PA
Project Mgr.: 05/29/2020 Prepared by: M M 8412 Falls of Neoae Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-590C • Fax: (919) 846.9467
DS sandec.com
� - � �� ; `rig `.:� r.�z �.�' a ,.,�� _ ' ., ^: �, :: W . ... �:' • �. �: � ' �'�,,��:;, �
F .,,' �� s • .! � � '_ •rti. y�F � a�M� to �r••- ""�cr,"�".'. .��i... �'�-Y, e
may.,}, ~ f .•� "d pI
'ir..
ONOa
2-1
'�,� •. ter• �.r 'dr s� ���� .. �'�•� 4 � ... � _. :�'-^ '`��
.v ^r
All
• - W't. .... r � � •.�`••', 'Y°Y?L ail-.�R _ ... r'.rk+�-•
::: T.:� • . :�,
,.
— V'e
JY� «+ ,^:'• rr7.. '�'�'�: �.ran ,• 71. _= ��
_� f'rr. : � ' �!-� + �-"%'� •,, 'ice
Alp..
SA
- pya
Lo
4y-
P I
i
4A
.7 vQ k 4
60,ROW _—_
•
I �_
MAIL KIOSK
I #2 &
IMPROVED ,
OPEN SPACE
--
— — 0.42 ac
i
I I
�I �
LO
01
1
501 ROw —_--/.
I
CHALYBEATE SPRINGS
Preliminary Concept Sketch - January 14, 2020
.0
/ ° I�0
0
0
o �
I\ i
� I o
o
I of
I° 0
I°/
0
I °/
°1
10.
I°I
0jI°
0
I 0
0 I
o / 100-YR
b FLOOD
Of PLAIN
'
°I
0
0 %
o I/
o
/
—72.1 AC
CURRENT ZONING: RA-30
PROPOSED ZONING: R-6
20% OPEN SPACE REQUIRED
5 ACRES ACTIVE OPEN SPACE
209 - 52- X 1201 (6,240 SF) LOTS
w\
MAIL KIOSK#1 �\
& IMPROVED
SETBACKS
FRONT: 20'
REAR: 15'
SIDE: 5'
CORNER: 15'
------ ------ -
/ ---------------------------I
i
� I
�
WAL G ILA '
I�
EXISTING i
POND
RECREATION &
USEABLE OPEN
SPACE ,
I
I
°
0
�I
E�
i I
I
`\ I
I
\ I
GENERAL NOTES.
1. BOUNDARY INFORMATION TAKEN FROM SURVEY BY TIMMONS GROUP.
2. THIS PLAN IS CONCEPTUAL IN NATURE AND HAS NOT BEEN REVIEWED
BYANYAGENCY.
3. UNIT COUNT IS SUBJECT TO CHANGE PENDING WETLAND AND STREAM
DETERMINATIONS, AND PERMITTING, GRADING, SEWER AND
SCALE 1 "=60' STORMWATER DESIGN.
NOR 4. THIS SITE IS LOCATED IN THE NEUSE RIVER BASIN.
0 6o' 120' 5. PRELIMINARY WETLAND AND STREAM DELINEATION DATED 10109119 BY
S&EC.
Fir
\ \�ySRF20p,
\eY\ SOW
•00000
•
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
VIRGINIA I NORTH CAROLINA
THIS DRAWING PREPARED AT THE
RALEIGH OFFICE
5410 Trinity Road, Suite 102
Raleigh, NC 27607
TEL 919.866.4951
FAX 919.859.5663
www.timmons.com
North Carolina License No. C-1652
Site Development lResidential l Infrastructure l Technology
43829-331
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-1194
Event Code: 04EN2000-2020-E-02706
Project Name: Barefoot Tract
May 13, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
05/13/2020 Event Code: 04EN2000-2020-E-02706
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
05/13/2020 Event Code: 04EN2000-2020-E-02706
Attachment(s):
• Official Species List
05/13/2020 Event Code: 04EN2000-2020-E-02706
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
05/13/2020 Event Code: 04EN2000-2020-E-02706 2
Project Summary
Consultation Code: 04EN2000-2020-SLI-1194
Event Code: 04EN2000-2020-E-02706
Project Name: Barefoot Tract
Project Type: DEVELOPMENT
Project Description: Project is located at 1133, 1261, 1343 Chalybeate Spring Road, Angier,
Harnett County, NC
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.512161967906394N78.76121956991253W
Counties: Harnett, NC
05/13/2020 Event Code: 04EN2000-2020-E-02706 3
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened)
Fishes
NAME STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6063
05/13/2020 Event Code: 04EN2000-2020-E-02706
4
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Flowering Plants
NAME STATUS
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
■ ■■■ Roy Cooper. Governor
00 0 NC DEPARTMENT OF Susi Hamilton, Secretary
■■L■■ NATURAL AND CULTURAL RESOURCES
IN won Walter Clark, Director, Land and Water Stewardship
NCNHDE-12025
May 13, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE. Barefoot Tract, 13998
Dear Robert Zarzecki:
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:
https://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 rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699
& OFC g19.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Barefoot Tract
Project No. 13998
May 13, 2020
NCNHDE-12025
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID
Scientific Name
Common Name
Element
Accuracy
Federal State
Global
State
Group
Observation
Occurrence
Status Status
Rank
Rank
Date &&
Rank
j I
i
M
Dragonfly or 33751
Somatochlora
Coppery Emerald
2004-Pre
H?
5-Very
--- Significantly
G3G4
S2?
Damselfly
georgiana
Low
Rare
Freshwater 29604
Villosa delumbis
Eastern Creekshell
2017-02-07
E
3-Medium
--- Significantly
G4
S4
Bivalve
Rare
Freshwater Fish23981
Notropis
Cape Fear Shiner
1986-12-21
X?
3-Medium
Endangered Endangered
G1
S1
mekistocholas
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://ncnhde.natureserve.org/helr). Data query generated on May 13, 2020; source: NCNHP, Q2 Apr 2020. 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
Species Conclusions Table
Project Name: Tuscarora Grove (Barefoot Tract)
Date: 07/21 /2020
/ Resource Name
Conclusion
ESA Section 7 / /Ea le Act Determination
Notes / Documentation
-Species
Red -cockaded Woodpecker
No suitable habitat present
No effect
Preliminary survey conducted by S&EC
Picoides borealis
Staff on May 14, 2020.
American Alligator
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary survey conducted by S&EC
Alligator mississippiensis
species not present
Staff on May 14, 2020.
Cape Fear Shiner
Suitable habitat present,
No effect
Preliminary survey conducted by S&EC
Notropis mekistocholas
species not present
Staff on May 14, 2020. No proposed
impacts to Neills Creek, or the main
perennial.
Atlantic Pigtoe
Suitable habitat present,
No effect
Preliminary survey conducted by S&EC
Fusconaia masoni
species not present
Staff on May 14, 2020. No proposed
impacts to Neills Creek, or the main
perennial.
Rough -leaved Loosestrife
Suitable habitat present,
No effect
Preliminary survey conducted by S&EC
Lysimachia asperulaefolia
species not present
Staff on May 14, 2020.
Bald Eagle
Suitable habitat not present
No Eagle Act Permit Required
Preliminary survey conducted by S&EC
Haliaeetus leucocephalus
Staff on May 14, 2020.
Northern Long-eared Bat
Suitable habitat present
May affect, not likely to adversely affect
Preliminary survey conducted by S&EC
Myotis septentrionalis
Staff on May 14, 2020.
Critical Habitat
No critical habitat present
No effect
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA 07/21/2020
Signature /Title Date
NCNHDE-12025: Barefoot Tract
U
H9RR'E
KII, Tr
. :Iklslonp Dr
Airy la nr Pr�
FlC v raxGrr WaY ---
r8 I' Jar, S1 20
E Julra St
WCup esl --
t\^<Y Rd E Re, St
/r+yw
I. i"•Y a = - d L W.Y St
- Alan Sr-
On,a st a
= fie nrJ _ £ terry clr Lester St
� Y Clrcle Dr
r wcv,SreV,lrssl
Kay Ln
L s..1r, ie b st
e ti/
y�'y Grgs Ln F Angie z L /Valla— st
tt1 Qyptl St
L DeWI St ,,,:
335H c WLilhi,sen St -
2Oio - F Llll,gra St
W Churc h St
aim l; uy.�' i lover S[ a Emxlver Sl /+ l
l,kry O,
'L i h yr E Y
e 2 is $
Cotana stlls WPotic,alt D,N
I N
A
Kings •;ieY . !_. y Sterllrg Way _
N z _
ti
w�iG,., 20 3141
E • Gary Denning Ln TIPPel Rd -_- - - -
+ t" `_ _ _ - _ zle F�e"f?d
SDtacr, Rrver or
May 13, 2020
Project Boundary
Buffered Project Boundary
1:24,999
0 0.2 0.4 0.8 mi
0 0.325 0.65 1-3 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3
ENT OF Tjy�2
a.
9
CH 3� A
United States Department of the Interior
Project Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 05/29/2020
Self -Certification Letter
Tuscarora Grove
Dear Applicant:
F[f3lld ev ICE IF6
SNHICI3
Mf V
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh(cfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package