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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. 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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