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HomeMy WebLinkAbout20201701 Ver 1_ePCN Application_20201211DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20201701 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Collins Station Subdivision Phase II 1a. Who is the Primary Contact?* Walter Cole 1b. Primary Contact Email:* vicole@smeinc.com Date Submitted 12/11 /2020 Nearest Body of Water Neuse River Basin Neuse Water Classification WS-N;NSW Site Coordinates Latitude: Longitude: 35.596871 _78.307802 Pre -Filing Meeting Information ID# 20201701 Pre -fling Meeting or Request Date* 11 /6/2020 Attach documentation of Pre -Filing Meeting Request here:* Pre -filing Request Confirmation. pdf Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\sagoss 1c. Primary Contact Phone:* (919)801-3798 Version 1 154.36KB A. Processing Information C^U County (or Counties) where the project is located: Johnston Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 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): N/A 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 DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press V 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? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: C Grant, LLC 2b. Deed book and page no.: Book: 01989 Page: 0304 2c. Responsible party: Charles Grant 2d.Address * r Yes r No r Yes r No Street Address P. O. Box 1855 Address tine 2 city Wake Forest Postal / Zip Code 27587 2e. Telephone Number: (919)219-3932 2g. Email Address:* cgrant@grant-inc.com 4. Agent/Consultant (if applicable) 4a. Name: Walter Cole 4b. Business Name: 4c.Address Street Address 3432 Caldwell Drive Address tine 2 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)801-3798 4f. Email Address:* wcole@smeinc.com Agent Authorization Letter* Agent Authorization Form (USACE).pdf State / Province / Rion North Carolina Country United States 2f. Fax Number: Slate / province / Region NC Country United States 4e. Fax Number: 338.75KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) Collins Station 1c. Nearest municipality/ town: Selma 2. Project Identification 2a. Property Identification Number: ID:14107026N PIN:260700-64-6053 2c. Project Address Street Address 1203 Live Oak Chuch Road Address tine 2 city Selma Postal / Zip Code 27588-1855 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Neuse River 3b. Water Resources Classification of nearest receiving water:* WS-IV;NSW 2b. Property size: 52.56 Slate / Province / Fegion North Carolina Country United States 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011104 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The existing conditions consist of forested land and the surrounding land use consists of a combination of single-family residential housing and agricultural farm land. 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) Phase II USGS.pdf 999.29KB 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) Phase II Soil Map.pdf 542.25KB 4f. List the total estimated acreage of all existing wetlands on the property: 12 acres within Phase II 4g. List the total estimated linear feet of all existing streams on the property: 734 linear feet within Phase II 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to access high ground for the development of Phase II of the Collins Station single-family residential subdivision. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Current plans are to construct a road crossing to access high ground for the development of Phase II of the Collins Station Subdivision. Construction will be performed by standard commercial construction equipment. No specialized equipment not regularly seen on commercial projects is anticipated. 4j. Please upload project drawings for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O 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-2018-00048 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Walter Cole Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A Jurisdictional Determination (JD) request was submitted on January 7, 2018 and a site meeting for confirmation of the jurisdictional delineation was conducted on February 1, 2018 with Mr. Ross Sullivan with the USACE. 5d1. Jurisdictional determination upload USACE Confirmation Ross Sullivan.pdf 140.19KB USACE Chris Hopper email.pdf 219.66KB 6. Future Project Plans 6a. Is this a phased project?* r Yes C No 7b. If yes, explain. Phase I did not have any impacts associated with the development, Phase II which is the subject of this application will have impacts resulting from a road crossing, and Phase II will be the last phase of the subdivision. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory _ U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts P Buffers 2a1 Reason (?) 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area ImpactA Culvert P ff-land Hardwood Forest W1 Yes Corps 0.080 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.080 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.080 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * Type of 3g. S. width * 3h. Impact (?) �3f. Jurisdiction* length* S1 A -Road Crossing 9 Permanent Culvert lJT to IJeuse River Perennial Both 4 57 Average (feet) (linearfeet) S2 A -Rip-Rap Permanent Rip Rap Fill LIT to Meuse River Perennial Both 4 25 Average (feet) (linearfeet) S3 A -Construction Tem ora p ry Other LIT to Meuse River Perennial Both ]LAva�.(Ieetj) L(,-rf-) 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 82 20 3i. Total stream and ditch impacts: 102 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. 17 Meuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact A -Fill P LIT to Meuse River N. 4,348 2,588 Impact A -Culvert P LIT to Meuse River N. 480 0 Impact A -Rip -Rap P LIT to Meuse Rlver N. 222 0 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 5,050.00 2,588.00 Zone 1 Zone 2 Total combined buffer impacts: 5,050.00 2,588.00 61. Comments: Supporting Documentation Impact A Stream. pdf 168.38KB Overall Stream Impact Map.pdf 359.05KB E. Impact Justification and Mitigation C^U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed road alignment originally was going to impact a small amount of wetlands outside of the wetlands connected to the main stream, but was redesigned to avoid these additional wetland impacts all together. The road crossing was planned and designed at the narrowest area where the least amount of impact on the stream and adjacent buffers and wetlands would take place. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used to minimize impacts. Fleadwalls were incorporated into the design to limit the amount of stream impact. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The impacts related to the proposed road crossing will include less than 150 linear feet of stream channel and less that 0.10-acre of wetlands. F. Stormwater Management and Diffuse Flow Plan (required by DWR) u 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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?* C Yes r No 3b. If you answered "no," provide a short narrative description. The site is served by individual septic systems so no municipal sewer will be extended that could increase development and the road crossing is internal to the subdivision and vdll not be connected to any other major roads that would facilitate development elsewhere. This will be the final phase of this single-family low -density residential subdivision. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes C Nor WA 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. Phase II will be served by individual on -site wastewater treatment and disposal systems permitted by the Johnston County Health Department. 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?* C Yes f• No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* C Yes f• No 5d. Is another Federal agency involved?* r- Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees 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 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program online data explorer (https://wmnv.ncnhp.org/data), US Fish and Wildlife Service Information for Planning and Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within the site or within one mile of the site. See attached IPaC and NCNHP Report. Consultation Documentation Upload Collins Station IPaC Report.pdf 209.85KB Collins Station NCNHP report.pdf 923.52KB 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 USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper (https://www. habitat. noaa.gov/resource/map/essential-fish-habitat-mapper). 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?* C Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The North Carolina State Historic Preservation Office web mapping tool (https://www.ncdcr.gov/about/history/division-historical-resources/nc-state- h isto ric-p reservatio n-office). 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* C Yes r. No 8c. What source(s) did you use to make the floodplain determination?* The project engineer and the FEMA firm maps, see attached FEMA Floodplain Insurance Exhibit Miscellaneous V Comments The following deed notification shall be included in the recorded restrictive covenants for the subdivision prior to property containing wetlands (Lots 38-40, and 59-62) is conveyed: "A portion of subdivision has been determined to meet the requirements for designation as a wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing wetland impact noted in the Code of Federal Regulations at the time of the proposed alteration. The intent of this provision is to prevent additional wetland and stream impact, so the property owner should not assume that a future application for filling or alteration would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." Miscellaneous attachments not previously requested. Phase II FEMA FIRM.pdf 1.43MB Phase II LIDAR.pdf 320.65KB Phase II NWI.pdf 1.47MB Phase II Color Aerial.pdf 1.95MB Johnston Cc GIS Exhibit.pdf 245.64KB Signature V F7 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Willard Walter Cole Signature lUfl&V Cale l/l Date 12111 /2020 AGENT AUTHORIZATION AND RIGHT OF ENTRY FORM Date: � ' ",(t _ j Project Information S&ME Project Name: Live Oak Church Road Residential Subdivision Type of Project: Residential Subdivision Location: Live Oak Church Road, Selma, Johnston County, NC Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code: Telephone No. Contact: Agent Information Business Name Street Address: City, State, Zip Code: Telephone No, Contact: C Grant, LLC P.O. Box 1855 Wake Forest, NC 27587 919-219-3932 S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 919-872-2660 Walter Cole Authorization: I,C� { c r i L 6'u�� on behalf of ' (_L(� bZ rVC-<CJ-4-t (Name of tandowner or ul rize Agent a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the USCAE in connection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington District, U.S. Array Corps of Engineers (Corps) to enter upon the property herein described for the purposes of conducting on -site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act of 1889,1, the abovesigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. OF SOILS: N BoA: Bonneau sand, 0-3% slopes _ CoB: Cowarts loamy sand, 2-6% slopes GoA: Goldsboro sandy loam, 0-2% slopes GeD: Gilead sandy loam, 8-15% slopes y A I Ly: Lynchburg sandy loam r # r oB NoA: Norfolk loamy sand, 0-2% slopes 1 r Ra: Rains sandy loam Ly . s Tn:Toisnot loam Ra r NaA " NoA oA BoA Go, Fla B Go!, B �A .. LY GoA oA U0 CoB NoA o � N W O N - T BoA. v o a a � COB Y Tn z 1939 1� NoA GoA .. t} a 0 0 600 1,200 N I w UC 0 a REFERENCE: a GIS BASE LAYERS WERE OBTAINED FROM THE 1994 USDA-SCS JOHNSTON COUNTY SOIL SURVEY. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS o DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, 3 UNLESS STATED OTHERWISE. Site Parcels 0 SCALE: FIGURE NO. USDA-SCS SOIL SURVEY EXHIBIT 1 " = 600 ' DATE: LIVE OAK CHURCH ROAD SITE 12-8-17 1 LIVE OAK CHURCH ROAD PROJECT NUMBER SELMA, JOHNSTON COUNTY, NORTH CAROLINA #### Walter Cole From: Sullivan, Roscoe L III CIV (US) <Roscoe.L.Sullivan@usace.army.mil> Sent: Friday, February 2, 2018 5:06 PM To: Walter Cole Subject: RE: Live Oak Church Road Site (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Hey Walter, It was great to meet you yesterday, and thanks for the quick update to the JD request. The map looks great to me and accurately reflects the stream and wetland features that I observed at the site. I should have everything that I need at this time, but I will let you know if I have any further questions. Best, Ross Ross Sullivan, PWS, ISA Certified Arborist Regulatory Specialist Raleigh Regulatory Field Office U.S. Army Corps of Engineers - Wilmington District Wake Forest, North Carolina 27587 Office #: 919-554-4884. Ext. 25 Email: roscoe.l.sullivan@usace.army.mil -----Original Message ----- From: Walter Cole [mailto:WCole@smeinc.com] Sent: Friday, February 2, 2018 9:57 AM To: Sullivan, Roscoe L III CIV (US) <Roscoe.L.Sullivan@usace.army.mil> Subject: [Non-DoD Source] Live Oak Church Road Site Ross, Thanks again for meeting me on -site to review our wetland delineation. I have revised the entire JD submittal to include the new wetland area we found yesterday. You will see that it pretty much looks exactly like what we thought (nothing like the presence of surface water to show the way!). Please let me know if you have any questions or need additional information. Thanks! Walter Cole, LSS, REHS Senior Project Manager <Blockedhttp://www.smeinc.com/> S&ME 3201 Spring Forest Road Raleigh, NC 27616 map <Blockedhttps://www.google.com/maps/di r/3201+Spring+Forest+Rd,+Ra leigh,+NC+27616/@35.8556003,- 78.5895066,17z/data=!4m8!4m7! 1m0! 1m5! 1m1! 1sOx89ac5998f0691ac5:Ox7ba76ab1e5c367eb!2m2! 1d- 78.5867395 ! 2d35.8557242> O: 919.872.2660 M: 919.801.3798 Blockedwww.smeinc.com <Blockedhttp://www.smeinc.com/> Linkedln <Blockedhttps://www.linkedin.com/company-beta/43081/> I Twitter <Blockedhttps://twitter.com/sme engineering> I Facebook <Blockedhttps://www.facebook.com/sme.engineering/> This electronic message is subject to the terms of use set forth at Blockedwww.smeinc.com/email <Blockedhttp://www.smeinc.com/email> . If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. CLASSIFICATION: UNCLASSIFIED Walter Cole From: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.miI> Sent: Tuesday, October 6, 2020 2:46 PM To: Walter Cole Cc: marty.bizzell@bnkinc.com Subject: RE: SAW-2018-00048 Collins Station Phase 2 - Live Oak Church Rd. Selma This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. Hey Walter (and Marty): Thanks for the opportunity. If there's something you'd like me to see, I'm glad to visit the property with you. However, if Ross gave it his blessing, I won't be changing anything. Mine is a two-dimensional game at this point. These pre -application reviews can often save time on the back -end and benefit everyone. For the plans I'd ask for a couple things to be included. I'm sure everything has already been considered, but for my records (and future audits), please help me by providing the documentation I need to justify authorizing your permit. These are suggestions basec on typical applications — I'm not an engineer and cannot tell one how to do their job. Wetland Impacts C and D: It appears these impacts could be avoided by shifting the alignment of the road. Please explain how avoidance and minimization were achieved for each area, and why the wetlands cannot be avoided. Impact A and B: Is 82 feet the length of the culvert to be installed? If so, this would be your permanent loss of stream. The plans also show riprap (this would be a permanent no -loss impact). To avoid mitigation for riprap, it must be installed correctly. I also need to see a stream pump -around or similar measure for work in streams. Everything between the coffer dams (or similar) would be a temporary impact (no mitigation required). Wetland impact at A, C, and D. I'm assuming some areas would be permanently filled — this would be your permanent loss. However, usually adjacent areas are temporarily impacted for construction, but then returned to grade and allowed to regenerate or be maintained. These temporary areas are no -loss, conversion impacts (if forested). Regardless of vegetation though, these temporary impacts should be captured in the application and include some discussion of soil protection during construction (to prevent rutting/compaction). Please document all temporary and permanent (loss and no -loss) impacts in the application. For items like riprap installation, pump around detail, soil protection — its helpful to share a copy of the construction drawings with notes printed on them (so contractors can't say they weren't aware if something goes wrong). A final note for subdivisions where lots include stream/wetland areas. I am requiring deed notifications to run with the land so future owners are aware of these areas. The comment/language I typically provide is below. Our Office of Council prepared this language, so any modifications must be approved by them before I can accept them. "The following deed notification shall be included in the recorded restrictive covenants for the subdivision before property containing wetlands (Lots #- #) is conveyed. Any alteration to this language must be approved before incorporation. "A portion of subdivision has been determined to meet the requirements for designation as a wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing wetland impact noted in the Code of Federal Regulations at the time of the proposed alteration. The intent of this provision is to prevent additional wetland and stream impact, so the property owner should not assume that a future application for filling or alteration would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." I hope these comments help — please reply with questions or concerns. Thanks, Christopher D. Hopper Regulatory Specialist U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 35 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Thank you for taking the time to visit this site and complete the survey. From: Walter Cole <WCole@smeinc.com> Sent: Monday, October 5, 2020 10:53 AM To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil> Cc: marty.bizzell@bnkinc.com Subject: [Non-DoD Source] SAW-2018-00048 Collins Station Phase 2 - Live Oak Church Rd. Selma Chris, Hope you are doing well. I have attached a bunch of information pertaining to a project that Ross Sullivan and I were working on (Collins Station Phase I and II) including overall and detailed impact maps for the proposed Phase II road impacts, emails from Ross approving the revised field delineation, and the revised PJD submittal. Just wanted to give you all the background information prior to submitting for the road crossing permit and see if you had any desire to meet on -site to familiarize yourself with the project or if you just want us to submit. Phase II will be the last phase of this project so these are the only impacts we are proposing (82 linear feet of stream, and 0.1 acres of wetland). Also, if you could review the impact maps and let me know if there are any changes you would like us to make I would appreciate. Look forward to working with you on this project. Thanks! Walter Cole, LSS, REHS Senior Project Manager SWE 3201 Spring Forest Road Raleigh, NC 27616 map 0:919.872.2660 M:919.801.3798 Blockedwww.smeinc.com BU' L t F O P Linkedln I Twitter I Facebook VERSATILITY This electronic message is subject to the terms of use set forth at Blockedwww.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email. 50'NEUSE RIVER y RIPARIAN BUFFER (MEASURED TOP OF BANK) �•.�h PROP. 8" PVC PROP. WATERLINE FH' 50'NEUSE RIVER RIPARIAN BUFFER ♦ (MEASURED FROM TOP OF BANK) �O OTREl Si BANK �kp kp,BOX CULVERTS y Cs 48 LF k 24'L x 12'W x 22'' DEEP CLASS 1 RIP -RAP •` '� WETLANDS I o IMPACT TOTAL ZONE 1 NEUSE BUFFER 4.348 SF ZONE 1 RIP -RAP FILL 222 SF ZONE 1 CULVERT FILL 480 SF ZONE 2 NEUSE BUFFER 2.588 SF STREAM AREA 271 SF STREAM LENGTH 82 LF STREAM RIP -RAP FILL 25 LF / 66 SF STREAM CULVERT FILL 57 LF / 204 SF TEMP. IMPACT 20 LF / 62 SF ` 06' ' o� �. SCALE IN FEET 0 20 40 80 120 160 LEGEND STREAM IMPACT 30' ZONE 1 IMPACT 20' ZONE 2 IMPACT TEMP. STREAM IMPACT RIP -RAP ' MMMMMM ■M1 I I 11111111111111111111111�:O mmmmmm MMM C�������������� 1 +00 1 +5 0 NOTE: CULVERT INVERTS SHALL HE INSTALLED 1.0' BELOW EXISTING STREAM INVERT. " DEEP 2 +00 z z z inLa a 0 r U ILo a z �_z� cnO cn � 22, za0 LU J� Jp Hz v� �0 U z G �o Lu CCLU No0 z Ww r Cj LU Z� Q o he0wzN z C J N ca W 0 cc �a� z C7J V Co J_ 0zx�co X HJx- zJazz � z (1� Z L) z mw J J m V m < F 12/9/2020 I:23:50 AM PLOT BY:jeremy R:*201 *11044 - Live Oak Church Rd Subdivision*CIVIL*04 Construction Phase 2*Impact Maps*Impact A Stream.dgn OPE 4- 44t4l'44 444/44 4-4 /i• 4 j .4c 4 -4 4 4 14 58 / 4/� �� 4 57 , O'',' 50 J"i 44 '4 X 4n, %4 4 .' 4 1 4 4 4 I ,� � �', � ''444,�4.44;r�4�•4444444 � i' `� ,'\ ;`' ;��� � �� ! \%'\� %,;" / \ ' 66 \ ' e" 4f�4 4� 4 4 4 4 4 4 4 / �r / ; 44i4!44.4i`�44444�y►�4► 1 1 i / ----- > P5 '\ 4 4 4,i4 41,N 4.4 4 4 a 14 4 zz. 60 r O--'','4 4_ I 4 4 44 4 4 �ji : I llI I�I ,z• 'All, 1111 � `- 4 WIII Z� ,"(1, a I! 49 STREAM IMPACT A TOTAL ZONE 1 NEUSE BUFFER 4.348 SF ZONE 1 RIP -RAP FILL 222 SF ZONE 1 CULVERT FILL 480 SF ZONE 2 NEUSE BUFFER 2.588 SF STREAM AREA 271 SF STREAM LENGTH 82 LF STREAM RIP —RAP FILL 25 LF / 66 SF STREAM CULVERT FILL 57 LF / 204 SF TEMP. IMPACT 20 LF / 62 SF 46 \\ SPAC RR ��;� "lam. ♦ ' �; fir.\ , -`\ / I �\ - �v (�4 4� 43 \�� _ _ " I' , j, ,` `\., �!,� \ - - - Sri' / Ir / °gyp STREAM IMPACT A SCALE IN FEET - MOL / 0 100 200 400 600 a a F_z LU V a OQ a� ~a z �Z� cn o < Wz Zch cc_ �_o U J = Cn z 0 0M _jZ. U� <° cn W O m m Q Z o r T N 7 m o m o > 00 a lal z G �o Lu CCNo0 z LU Ww � zz�N� Y ayzo z C J N Wao0 cc i z C7�L)00 Lo 0 J o X z CCa z ma z z �zUWa C J W J m V C F 800 12/9/2020 10:28:34 AM PLOT BY: jeremy R:*2O1 *11044 - Live Oak Church Rd Subdivision*CIVIL*O4 Construction Phase 2*Impact Maps*Overall Stream Impact Map.dgn 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: 04EN2000-2021-SLI-0016 Event Code: 04EN2000-2021-E-00019 Project Name: Collins Station Phase II October 02, 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 10/02/2020 Event Code: 04EN2000-2021-E-00019 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. 10/02/2020 Event Code: 04EN2000-2021-E-00019 Attachment(s): • Official Species List 10/02/2020 Event Code: 04EN2000-2021-E-00019 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 10/02/2020 Event Code: 04EN2000-2021-E-00019 Project Summary Consultation Code: 04EN2000-2021-SLI-0016 Event Code: 04EN2000-2021-E-00019 Project Name: Collins Station Phase II Project Type: DEVELOPMENT Project Description: Proposed residential development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. oogle.com/maps/place/35.59770606750517N78.30845911929866W r.� a Counties: Johnston, NC 2 10/02/2020 Event Code: 04EN2000-2021-E-00019 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 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Endangered STATUS Proposed Threatened STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 10/02/2020 Event Code: 04EN2000-2021-E-00019 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 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 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-12991 October 2, 2020 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE. C011ins Station Phase II Dear Ashley Bentz. 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 C011ins Station Phase II October 2, 2020 NCNHDE-12991 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameADate Last Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank i ' Rank Dragonfly or 33753 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Triangle Land Conservancy Easement Triangle Land Conservancy Private Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on October 2, 2020; source: NCNHP, Q3 July 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 NCNHDE-12991: C011ins Station Phase II � N-th Tnz GeV o 2 f� 254 R y 3a ri— Farm Dr ..� �rfflrt D'�- Rd 'rw l 1, _ Z L iil�iln na h..x, 5 tin"Cn 6 229 R g` �Ka `vl C3rmrl pr � Ac � N W+E S October 2, 2020 Project Boundary Buffered Project Boundary Managed Area (MAREA) 1:24,388 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, NIPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 DAVIS FARM DR o •f � o _ SULLIVAN RC vlc' p REFERENCE: a GIS BASE LAYERS WERE OBTAINED FROM THE 2013 NCONEMAP.COM AERIAL a ORTHOIMAGERY LAYER AND THE 2017 NATIONAL HYDROGRAPHY DATASET. THIS MAP IS a FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE a APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED 3 OTHERWISE. FEMA FLOODPLAIN INSURANCE EXHIBIT LIVE OAK CHURCH ROAD SITE LIVE OAK CHURCH ROAD SELMA, JOHNSTON COUNTY, NORTH CAROLINA 1 " = 600 ' DATE: 12-8-17 PROJECT NUMBER Site Parcels Irr Site Parcels hillshade Value High : 125 Low: 0 N elevation (FRET) Value E REFERENCE: - High : 404 a GIS BASE LAYERS WERE OBTAINED FROM THE 2007 NCDOT ELEVATION AND HILLSHADE Y DATASETS FOR JOHNSTON COUNTY, NC. THIS MAP IS FOR INFORMATIONAL 7r A PURPOSES Low: -74 o ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED 3 ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 0 SCALE: FIGURE NO. LIDAR EXHIBIT 1 " = 600 ' DATE: LIVE OAK CHURCH ROAD SITE 12-8-17 5 LIVE OAK CHURCH ROAD PROJECT NUMBER SELMA, JOHNSTON COUNTY, NORTH CAROLINA #### DAVIS FARM DR Pc" PF01A N R4SBC ZI1 11.0 z sqw, O f• SULLIVAN R'77.0 .rti k rt , •� ' r..� Z N o REFERENCE: a GIS BASE LAYERS WERE OBTAINED FROM THE 2013 NCONEMAP.COM AERIAL a ORTHOIMAGERY LAYER AND THE 2017 USFWS NATIONAL WETLAND INVENTORY DATASET. a THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS 3 STATED OTHERWISE. NATIONAL WETLAND INVENTORY EXHIBIT LIVE OAK CHURCH ROAD SITE LIVE OAK CHURCH ROAD SELMA, JOHNSTON COUNTY, NORTH CAROLINA ale b A ® NWI Wetlands Site Parcels 1 " = 600 ' DATE: 12-8-17 6 PROJECT NUMBER DAVIS FARM DR R* �... a `. r. jr . i-ram,:-•a Arm, < 4- L SULLIVAN RD =ti~ a I REFERENCE: a GIS BASE LAYERS WERE OBTAINED FROM THE 2013 NCONEMAP.COM AERIAL ORTHOIMAGERY LAYER. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE o LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. 2013 COLOR AERIAL EXHIBIT LIVE OAK CHURCH ROAD SITE LIVE OAK CHURCH ROAD SELMA, JOHNSTON COUNTY, NORTH CAROLINA centerli WE� Site Parcels SCALE: FIGURE NO. 1 " = 600 ' DATE: 12-8-17 3 PROJECT NUMBER 00 00 Ob 00 Vf C4 u t z r- F4 .&a t- kn eq SO tn 00 C4 Ci to 7a kn m 00 00 tn tn cn 1.4 C) 0 C4 t- It �o 0 C,4 z z z eq r4 0 C> It in kn N 4) 4) 4) 4) CL n 0) 0) Im 0 0 co 0) co 0 c c c m m HE E E 0 cc 0 0 *c 0 j- UJ E M M I- f.. c ol CL > n- '0' 0 :3 0 0 0 0 — �: *10 15 V 'a *0 ag mo 0 0 0 1- L. 'a 'a 'a "a 'a k c 0 0 Q. 0 0 cc ou 0 c r- ea (a 3: ag ib x 0 m to :1 ;@ 0 0 cow to 0 to -C KID Walter Cole From: laserfiche@ncdenr.gov Sent: Monday, December 7, 2020 12:01 AM To: Walter Cole Cc: stephanie.goss@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Collins Station Subdivision Phase II - 20201701 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Collins Station Subdivision Phase II that you submitted on 11/6/2020. The ID number for that project is 20201701, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses ore not monitored.