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HomeMy WebLinkAbout20201788 Ver 1_ePCN Application_20210203DWR 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 20201788 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: Hwy 78 South 1a. Who is the Primary Contact?* Lauren Norris -Heflin 1b. Primary Contact Email:* lauren.norris-heflin@timmons.com Date Submitted 2/3/2021 Nearest Body of Water Gasters Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.445679-79.166891 Pre -Filing Meeting Information ID# 20201788 Pre -fling Meeting or Request Date* 11 /19/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf 2020.12.20_Pre-Filing Complete - 20201788 Ver 1.pdf A. Processing Information Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\sagoss 1c. Primary Contact Phone:* (919)866-4943 Version 1 55.53KB 92.67KB County (or Counties) where the project is located: Lee Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: P 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): Ild. 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 Ile. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: j— 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 Hwy 78 South DIMS Acceptance.pdf 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 'Id. Who is applying for the permit? r Owner W Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Capie, I, LLC 2b. Deed book and page no.: 2c. Responsible party: Gregory Isenhour 362.5KB r Yes r No r Yes r No 2d.Address Street Address 989 B Var Road, SW Address Line 2 Cib Supply Postal / Zip Code 28462 2e. Telephone Number: (919)612-8217 2g. Email Address:* greg@beachumbuilders.com 2a. Name(s) on recorded deed: Tramway 20, LLC 2b. Deed book and page no 2c. Responsible party: 2d.Address Street Address PO Box3342 Address Line 2 City Chapel Hill Postal / Zip (ode 27515 2e. Telephone Number: (919)656-0711 2g. Email Address:* hapltd@hotmail.com 3. Applicant Information (if different from owner) 3a. Name: Mike Kahm 3b. Business Name: Smith Douglas Homes 3c.Address Street Address 2520 Reliance Ave Address Line 2 City Apex Postal / Zip (ode 27539 3d. Telephone Number: (919)948-8390 3f. Email Address:* rnkahm@smithdouglas.com 4. Agent/Consultant (if applicable) 4a. Name: Lauren Norris -Heflin 4b. Business Name: Timmons Group 4c.Address State / Province / Region NC Country USA 21'. Fax Number: State / Rovince / Region NC Country NC 2f. Fax Number: State / Rovince / Rion NC Country USA 3e. Fax Number: Street Address 5410 Trinity Road Address tine 2 Suite 102 City Slate / Rwince / Region Raleigh NC Postal / Zip Code Country 27607 USA 4d. Telephone Number: 4e. Fax Number: (919)866-4943 4f. Email Address:* lauren.norris-heflin@timmons.com Agent Authorization Letter* Capie I Hwy 78_Agent Authorization Letter.pdf 247.69KB Tramway 20 LLC Hwy 78_Agent Authorization Letter .pdf 346.19KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Sanford 2 Pro Project Identification 2a. Property Identification Number: 965107593700,965107408700, 965106567900,965106338500 2c. Project Address Street Address South of Tramway Road (Highway 78) Address tine 2 City Sanford Postal / Zip Code 27330 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Gasters Creek 3b. Water Resources Classification of nearest receiving water:* C 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. 030300040201 4. Project Description and History 2b. Property size: 58.1 State / Rwince / Rion NC Country USA 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 project Site consists of apprommately 58.1 acres located south of Tramway Road (Highway 78) in Sanford, North Carolina within Lee County. The project Site is bound by forested areas, agricultural fields, and residential developments to the north and south, and by forested areas and residential and commercial developments to the east and west. The Site is comprised of converted agricultural and silvicultural land with successional forests ranging from 10 to 15 years old, as well as mature mixed hardwood forest. The proposed residential development is anticipated to consist of 111 single-family residential lots, stornw✓ater control measures, roads, and utility improvements (i.e. public water supply and sanitary sewer alignment). A delineation of the Site was completed by Timmons Group on July 1st and 14th-16th, 2020. A desktop review by James Lastinger of the USACE was completed and the Preliminary Jurisdictional Determination was issued 9/1712020. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* P 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) Figure 1 - VIC.pdf 1.75 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) Figure 2 - NRCS.pdf 736.79KB 4f. List the total estimated acreage of all existing wetlands on the property: 6.71 4g. List the total estimated linear feet of all existing streams on the property: 3,481 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a single-family residential subdivision with community cohesion and the necessary amenities within central Lee County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed Hwy 78 South project is a single -phased residential development project that is located south of Tramway Road (Highway 78) in Sanford, North Carolina within Lee County. The project site is anticipated to include 111 single-family homes and other associated amenities, including stormwater control measures, roads, and utility improvements. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 4j. Please upload project drawings for the proposed project. 20210129 - Wetland Impacts Tramway South.pdf 3.53MB 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 t^ Not Verified r Unknown r N/A Corps AID Number: SAW-2020-01460 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Timmons Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE determination date: 09/17/2020 5d1. Jurisdictional determination upload SAW-2020-01460 signed PJD.pdf 8.12MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries ❑ Buffers C Open Waters F Pond Construction 2. Wetland Impacts !a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* _11 IA Road Crossing P Headwater Forest A Yes Both 0.118 (acres) 1B Road Crossing P Seep ��E Yes Both 0.149 (acres) 1C Road Crossing P falwater Forest �13 Yes Both 0.002 (acres) 1D Road Crossing P Headwater Forest �13 Yes Both 0.115 (acres) 1A Road Crossing T Headwater Forest A Yes Both 0.034 (acres) 1C Road Crossing T Headwater Forest �13 Yes Both 0.004 (acres) 1 D Road Crossing T Headwater Forest B Yes Both 0.020 (acres) 2g. Total Temporary Wetland Impact 0.058 2g. Total Wetland Impact 0.442 2g. Total Permanent Wetland Impact 0.384 2h. Comments: In order to provided adequate site access/connectivity four road crossing impacts are required. Roads were sited utilizing existing connector road requirements and the delineation was used to help avoid and minimize impacts as much as possible. Where possible, roads were adjusted to cross at the narrowest portion of wetland possible. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Road Crossing 9 Permanent Other G Perennial Both 10 Average (feet) 139 (linearfeet) S2 Road CrossingTem orar p Y Other JG Perennial Both 10 Average (feet) 10 (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 139 31. Total stream and ditch impacts: 149 3i. Total temporary stream impacts: 3j. Comments: The road crossing is required for access and connectivity of the northern and southern portions of the site. Crossing was sited based on road requirements and at a portion of stream and wetland which would minimize impacts (narrow section of wetland). The proposed crossing will involve installation of two side by side 42" pipes, which were designed based on stream flow requirements. 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: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 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? r Mitigation bank 9 Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 4c. If using stream mitigation, what is the stream temperature: WA 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) N/A 0.2347 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 0.1493 WA 4h. Comments Private mitigation banks for this area do not have available mitigation credits. Therefore, mitigation was requested through NCDEQ DMS for the anticipated impacts. The impacts are proposed to be mitigated at a 2:1 ratio, for a total of 0.4694-acres of riparian wetland credit and 0.2986-acres of non -riparian wetland credit. F. Stormwater Management and Diffuse Flow Plan (required by DWR) v 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The proposed project is located within the Cape Fear River Basin and not within a river basin or area subject to the NC Riparian Buffer Protection Rules or any additional municipality - enforced riparian buffers. 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 NtA- project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: R Local Government r State Local Government Stormwater Programs V Phase II r NSW r USMP F Water Supply Please identify which local government stormwater program you are using. Sanford Comments: Site is undergoing reviewto meet Sanford's requirements for this location. Per initial reviewthe site does not appear to fall under Phase II, USMP, NSW, or Water Supply specific programs through Sanford. G. Supplementary Information C^U 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 f• No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a single phased project and this permit is to provide impacts for the overall development of the project. The project will be completed with appropriate land use control measures in place for specific areas which require them. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NtA 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 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 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? A USFWS IPaC Report and NC Natural Heritage Program (NHP) Database Report were utilized for review of potential protected species within the vicinity of the project Site. Species identified by IPaC as potentially occurring within the vicinity of the Site include the Cape Fear shiner and harperella. No critical habitat is listed as occurring within the Site limits or a 1-mile radius. Additionally, according the NCNHP report, there are no known occurrences of protected species or natural/managed areas within the proposed project area. No occurrences of protected species were noted within the Site during field visits. Harperella requires rocky or gravel shoals and sandbars of clear, swift -flowing streams. The Cape Fear shiner requires streams with gravel, cobble, and/or boulder substrates. Streams in the vicinity of proposed impacts were primarily slow moving, sandy, and moderately turbid. Therefore, no suitable habitat for harperella or Cape Fear shiner epsts on -site and the proposed development will have no effect on protected species. Consultation Documentation Upload 2020.11.12_IPaC Official Species List.pdf 192.13KB 2020.11.12_NCNHP Species List.pdf 1001.17KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A search of the North Carolina Natural Heritage Preservation Office's online database (HPOWEB) revealed 53 historical resources as occurring within a 1-mile radius of the proposed project limits. Of those, only four are identified as listed or eligible for listing on the National Register of Historic Places, the closest of which is located 0.41-miles north of the Site. No historical places were listed within or in the immediate vicinity of the Site's boundaries. Therefore, due to the absence of historic resources within the immediate vicinity of the site, distance, and existing infrastructure and trees between the site and historic resources, the proposed project should have no effect on historic resources. 7c. Historic or Prehistoric Information Upload HPOWEB Report.pdf 444.96KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM panels 3710964100J and 3710965100J (eff. 9/6/2006) Miscellaneous Comments Miscellaneous attachments not previously requested. Signature U fJ 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: Lauren Norris -Heflin Signature Date 2/3/2021 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Mike Kahm Smith Douglas Homes 2520 Reliance Ave Apex, NC 27539 "N QUAM`1111�/ NORTH CAROLINA Environmental Quality February 2, 2021 Expiration of Acceptance: 8/2/2021 Project: Hwy 78 South County: Lee The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland 0.235 Cape Fear 03030004 Non -Riparian Wetland 0.150 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Lauren Norris -Heflin, agent Sincerely, A_�t_& w FOR James. B Stanfill Asset Management Supervisor NORTH CARo ND_EQ�� oeparlment of Environmental Duali North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 DocuSign Envelope ID: 41584FCF-9320-4D28-970D-932B4CB79886 TIMMONS GROUP YOUR VISION ACMEYEP THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner, designate and authorize representatives of Timmons Group, Inc. to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 14th (Number) day of August 2020. (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Hwy 78 Apartments Location: Sanford, NC Property Owner's Name (Print): CAPIE, I, LLC Gregory Isenhour, manager Property Owner's Signature: By: Property Owner's Mailing Address: Property Owner's Telephone: l S"yr `— CAEC8287C5B 5402... 989 B var Road, SW, supply, NC 28462 919-612-8217 Fax No.: Property Owner's Email Address: greg@beachbumbuilders.com L 0 v Ln E 0 U Ln C 0 E E 3 3 3 TIMMONS GROUP YOUR VISION ACMEYEP THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner, designate and authorize representatives of Timmons Group, Inc. to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 4th (Number) day of August 2020. (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U. S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Hwy 78 Apartments Proposed Location: Sanford, NC Property Owner's Name (Print): Tramway 20, LLC Property Owner's Signature: Property Owner's Mailing Address: PO Box 3342, Chapel Hill, NC 27515 Property Owner's Telephone: 919-656-0711 Manager Fax No.. N/A Property Owner's Email Address: hapltd@hotmail.com L 0 v Ln E 0 U Ln C 0 E E 3 3 3 Path: Y:\805\47152 - Hwy 78 South\GIS\47152-JD-VIC.mxd t` © -- T } o J7 '3 Lee County HS Ir 1 X- s I � I 9L AkpE E r r F S RO U 1A - �PF d �0 kLANL7fR fin " V h�� • . C� - ok Site Limits ~ � e+ � s EMEarcaI l. .Elem ;,_h p ',.uthern Lee HS - PC ?h R a - � r� � c `, PJ Site limits are approximate. Topographic imagery from USGS. v t 0 2000,4,000 6.000 8,000 MMMMFeet LEE CHWYY7 ORO C,AROLINA T I M M O N S GROUP 000000 FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER: 47512 U.S.G.S. QUADRANGLE(S): SANFORD PROJECT STUDY LIMITS: 58.1 ACRES DATE(S): 2016 LATITUDE: 35.445679 WATERSHED(S): UPPER CAPE FEAR (CAPE RIVER BASIN) LONGITUDE:-79.166891 UTM:17S 666371 3924012 HYDROLOGIC UNIT CODE(S): 03030004 ese a ans and associated documents are t e exc usiv DmDertvot IMMUNb UKU an may not a reDroduced in w o e or in can ana snall not De use or anv eureose w atsoever. me usive. ul not construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\47152 - Hwy 78 South\GIS\47152-JD-NRCS.mxd DoA FWD A r D 13 B F , l r W" Y - 'DnB y A 9� � y i Site Limits; Gel F 0A i . �y W n G hia r F L i — DOB Wn Site limits are approximate. NRCS Soil Survey: Lee County 1989. IV CL 0 500 1,000 1,500 2,000 FeetHWY � LEE COUNTY 8 SOH CAROLINA TH T I M M O N S GROUP �' •�•� FIGURE 2: NRCS MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER: 47512 U.S.G.S. QUADRANGLE(S): SANFORD PROJECT STUDY LIMITS: 58.1 ACRES DATE(S): 2016 LATITUDE: 35.445679 WATERSHED(S): UPPER CAPE FEAR (CAPE RIVER BASIN) LONGITUDE:-79.166891 UTM:17S 666371 3924012 HYDROLOGIC UNIT CODE(S): 03030004 ese plans and associate ocuments are t e exc usrve property o an may no[ a repro uce in w o e or in part an s a no a use or any purpose w atsoever, inc usive, ut not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. 0 TRAMWAY SOUTH s� U � Q 5 V ENVIRONMENTAL IMPACTS a LL N �J� �x C LL z O SANFORD, LEE COUNTY, NORTH CAROLINA y16 U o� a - o z o / o 0 DATE OZ/27/2021 �O // � DRAWN BY ` \ v 331 DESIGNED BY 3 31 % / `, L ,` // ` / 1 • .• • CHECKEKE D BY 331 SCALE / / I N/A 1 SITE DATA TABLE: a v BREND TOTAL AREA: 57.82 AST ' TOTAL WETLANDS: 6.71 ACRES (292,260 SF) � 1 1 1 NOTES: ° Q 1. BOUNDARY INFORMATION TAKE FROM SURVEY BY TIMMONS GROUP DATED AUGUST 3rd, 2020. = OT (n o / �� ----- 2Q i GLENDALE CIR 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. 3. ENVIRONMENTAL INFORMATION TAKEN BY TIMMONS GROUP DATED JULY 20, 2020. F U < 0 w 00 v _ DEwAYNE 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. NOT A SPECIAL FLOOD HAZARD AREA PER FIRM J Q o ST / 3710964100J, EFFECTIVE DATE 09/06/2006 ~ N j i 5. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL CITY OF SANFORD AND NCDOT O STANDARDS, SPECIFICATIONS, AND DETAILS. VICINITY MAP 1 " = 1000' Know what's below. Call before you dig. ICE NO 45739 SHEET No. CVR `1t1(tl/�I/ r`f7 l , f CVi Y'\\\�I /// I I' t r \ i / "l !•r \ \ J \ 1 . I rG� / e. 1 1111 \\ III I 11 / o ,F IF/=—__ J((( II UE EXISTING WETLANDS � / r � ! •^ f � ~ I l 1\�\'1 I I 1 1/4 / / /, \ �\I(t dLL� ooM � / / 1 1 I 1 s- — '/ / j r _ / J 1 / 11 \. �� — J l- 1 / c/( l , w. -a;",,Ilk \� �%/ /t{ // <\ m 1 `v 1 / v r � / -' , �y \V�W`� \ � � o \\\\\\\�� \�\\\\ r.' ,� W W fti(•f .6V �" �// r _ �q (\1\l :` i ` SCALE 1 "=300' 1 fir\ `\^`� ��` / - \ \\ VOW t� i EXISTING STREAM ��` _ --�`_ =_ \^C i __ _ �� _ / r\\ ^ '�°' \\\\\ �/ \ %. 1 `— a 0 DATE o:/v/zoz: \. =`_�` \ w , :\�IIJI I `\� 0 300' 600' �,\ '/� DR318V �1 \\ �L 1 '\\\ [/// `� _ \ \ �\\\\\ \�1i. V � � \ /4 •1 1 l\� J ^ \ \�/' \ I \ \\ 1 DESIGNED BY 331 7U �1•/1 /— /1\ Itll \\ 1 / / \ 1 II 1 `, I I �, "�` ,IIIII'I' LEGEND /, \ \\ 2 `:r.1 (:` \ ^�.� ' ► (\ ' /11t ' '' ,\ l(\\III ~ \� �II,II" / / '� \ ► ` . t \ 1 S• I r G / • • CHECKED BY 331 SCALE o I IWETLANDS \ ;-,N , ,l-� ,� =L.' / IIII /�1 � • \ r EXISTING WETLANDS \ / `t / ( I / , 1ti1 t �► \ \ 1 t \ I \ \ �� 1��� /. /�/ -� - •'/ii SITE DATA TABLE:CL / - l/1 / / ► jrr) �'�ull'�i i/�'1%� r r.►�Gr �, TOTAL AREA: 57.82 / , P/ I y J r �� / I�l(r �t � �' , �� / / r' // I /' - - _= TOTAL WETLANDS: 6.71 ACRES (292,260 SF) Jf(�\\\\�1\ 0 >l\ ` \ \\ \\/— 1,////// , \ ) I\ \% ( t \ 1 ( r \r\ 1 a /il,flyo >\\\\\\\\\ \ , \�\\��I(\L,\ a _ w \ \\ \\ SITE BOUNDARY / ,7 ilk \� e \\ \ _ \ co -I�14/ � �i �1 /�\ t \ \ � \ \ \ • // — { )1 \\\-{, _� } \ 3t1 IDS ,,,I� v � \ J i/ fuo� l \ C \ f J�no ) // 1, \ / NOTES: \ Q o ,4 :/ / / \ I I I , v�T_ — _ _ 1. BOUNDARY INFORMATION TAKE FROM SURVEY 1 �1J� �'t �\ 1\!»�1 /� 0 r / , �i l (�� ( 1 I , t )J t t - — BY TIMMONS GROUP DATED AUGUST 3rd, 2020. / I ►'r J �o r �/1 l\II\\11\\\� \-i \\\ f' // r J 1/ / l l / o — — ,�� _—_: �\ G 4r z 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. Q (D J �l \\I\ t\tl`�\\ \ .^ r�i / /I I: i / I IJI c r / i 3. ENVIRONMENTAL INFORMATION TAKEN BY o a z — / t \ \ \ fi i / �/ • ri / / / /�� — TIMMONS GROUP DATED JULY 20, 2020. ,, \\\ \\ \ _ ./ ^/ , _ ,r — 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. O X w \r\�\\\lGLENDALE CIR NOT A SPECIAL FLOOD HAZARD AREA PER FIRM "lZVkx\ 1`�\ r�� / //� /�i r' \y l _ _� /� 3710964100J, EFFECTIVE DATE 09/06/2006 5. ALL CONSTRUCTION TO BE IN ACCORDANCE 1 L \\ \\ i — ,EXISTING TREELINE � _ _ \ \ \\l\ i 1 I I \ _ _ _ _ _ _ / / WITH ALL CITY OF SANFORD AND NCDOT \� \` \ 1 \\� \\`\\� STANDARDS, SPECIFICATIONS, AND DETAILS. 'DEW \\\\\\----------_,� � AY/VEsT ICE NO 45739 "L\� SHEET NO cwr-i.i //1 (� l rr '� \' \' `\\` r ' I ' I \ / "l (.�` /r l�rt g , - /� _ _ _ / r \"\� ( 1((\\ \ 11111 \t\\ III I I I (( / / WETLAND & STREAM IMPACT LEGEND: U I E \V'11 t / I PERMANENT WETLANDS -GREEN z a� y��llll III/ %\� TEMPORARY WETLANDS -PURPLE 07 PERMANENT STREAM - RED a LL I l \ \ \ ` ^ �� �� i `� r (� v� W �`~\\ / Il J j / TEMPORARY STREAM - BLUE III \ . I \ K w_w \� ! 1 l/ ,J ( I In '/ ^/ ti i W V J I n_ I I 1 �\ / c / i� Ste' �vSZ/ . \�\�//CIE 'P\1� FfJ SCALE 1 -300 Ak N s ca u j\\AAEll �APy i' =�~ �- =� IMPACT 1 D \ �r� t \ \ 0 300' 600' \ \\\\\\�-� �_��� I(L'�fI '// \T415�� SCM1 •v / W/f✓ \\\ 57 N \\ `\ = �`�o`���\�```� ► I'• // \ S IMPACT 1C / I \.v yr - \\\ �4401, ��o`�\°\\\�\`�, "'y J 1 " _ LEGEND \ \ \ \ �� _ ``\ \llll�1\� tlt\t\li ` �t i = N I ' _ / -I WETLANDS a \ ` , _-445� ✓IIIIIII1 � III \�i \ fill[ 2 I21SCM �. o DATE 0112712021 _ % 1 - 2 J An,\1t \ �� - s IMPACT 1 B \ / t (� jY\\ �` DRAM BY 331 SITE DATA TABLE: /' \� _ `\\ \ _ `\III \\ \11 I 1 1 1 I I It\\\t • DESIGNED BY 31 CHECCKEKE D BY 33: 0G <\\\ , I I ill TOTAL AREA: 57.82 \\ 1 / \�. I 1111 . �; I / ,'t.\ '�/ II I II TOTAL WETLANDS: 6.71 ACRES (292,260 SF) I'o I b I •� SCALE 1„ - 300' III dOp l t(" 8 - �� // / /�/ J/ - J / I NOTES: \\ CL J I I \ I =� / _IMPACT 1A 1. BOUNDARY INFORMATION TAKE FROM SURVEY BY TIMMONS GROUP DATED AUGUST 3rd, 2020. 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. �(~V�/� 3. ENVIRONMENTAL INFORMATION TAKEN BY \ 0 1 { _ \ \r\ 1 TIMMONS GROUP DATED JULY 20, 2020. , \ 1 8 ', 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. = 6 r 4 `gRENDq S �' T� o //i (I/�(• I _� \ �� - Z-='� NOT A SPECIAL FLOOD HAZARD AREA PER FIRMIt (/y D T \\ \ \\ \ Q� - \ 3710964100J, EFFECTIVE DATE 09/06/2006 .\` `\�\ \ � 78 SCM 3 - - - -�_ 5. ALL CONSTRUCTION TO BE IN ACCORDANCE 0 U) o Q a (� \ \ _ \ WITH ALL CITY OF SANFORD AND NCDOT 0-'_- �- -_ �z 0 - STANDARDS, SPECIFICATIONS, AND DETAILS. --- \t����-•-- >Q o >w z O J •42 �Ikl 9 ' 0 81 h ,h I I I'� II J' J w N - ( / i 1 ^ 0 r' - r'��I�J - J , <_ �i / J (' / WETLAND AND STREAM IMPACTS 0 � Lu 0 \ IMPACT WETLAND IMPACT STREAM IMPACT 0 MAP IMPACT SPECIFIC SHEET NUMBER PERMANENT TEMPORARY PERMANENT TEMPORARY ATION 10 (SF) 7 (AC) (SF) (AC) (LF) (SF) (AC) (LF) (SF) (AC) CWI-1.4 1A ROAD FILL 5,154 0.1183 1,481 0.0340 0 0 0.0000 0 0 0.0000 r,• 10 �'� CWI-1.5 1B 0.1493 0 0.0000 0 0 0.0000 0 0 0.0000 �-DEwgYNE ROAD FILL6,505 r // I r �' I ��o CWI-1.6 1C ROAD FILL 66 0.0015 153 0.0035 0 0 0.0000 0 0 0.0000 BBNe. 45739 \� -\ 1D ROAD FIL 5,003 0.1149 853 0.0196 139.09 1,391 0.0319 10.38 118 0.0027 SHEET NB. _/f+' rC�WI-1.7, \\\.�, , /�0�" SCM 4 \ �(,, `�� �` // TOTAL 16,729 0.3840 2,487 0.0571 139.09 1,391 0.0319 10.38 118 0.0027 Cwr-l.z / IZZ - 71 56 //57, WETLAND IMPACT 1A TEMPORARY FOR CONSTRUCTION / 1,481 SF WETLAND & STREAM IMPACT LEGEND: / \� / ® PERMANENT WETLANDS -GREEN w SCALE 1 -50 F TEMPORARY WETLANDS -PURPLE EMIR — WETLAND IMPACT 1A ' / PERMANENT ROAD FILL �/ 0 50' 100, PERMANENT STREAM - RED DATE 0112712021 / ,��� DRAWN BY 331 5,154 SF / ! \ TEMPORARY STREAM -BLUE �� \ � ` 1 `f \�``� � \ �� • DESIGNED BY \ \ I I r J - / / • 331 CHECKED BY LEGEND • 331 / EXISTING STORM PIPE � �� �� • • SCALE• WETLANDS 1 = 300' A \ 159\\ / r 1 \ !' \' / `\ � � � . � SITE DATA TABLE: CL TOTAL AREA: 57.82EV �\ DA TOTAL WETLANDS: 6.71 ACRES (292,260 SF) O � o 0T K Q NOTES: 1. BOUNDARY INFORMATION TAKE FROM SURVEY Q 0 a BY TIMMONS GROUP DATED AUGUST 3rd, 2020. o 415 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. 3. ENVIRONMENTAL INFORMATION TAKEN BY Z DC o moo\ I�/ '`�"'` / \ \ TIMMONS GROUP DATED JULY 20, 2020. 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. O NOT A SPECIAL FLOOD HAZARD AREA PER FIRM 3710964100J, EFFECTIVE DATE 09/06/2006 \ \ 5. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL CITY OF SANFORD AND NCDOT STANDARDS, SPECIFICATIONS, AND DETAILS. SCM 3 \ A I IBB Ne. Fau10 WETLAND & STREAM IMPACT LEGEND: PERMANENT WETLANDS -GREEN vi vi �o ® TEMPORARY WETLANDS -PURPLE z PERMANENT STREAM - RED 10 ,18 4� • — TEMPORARY STREAM - BLUE — -/ SCALE 1 "=50' 0 7 o IL \ \ I o: z; E 021 — — — \ — 1 WETLAND IMPACT 1 B — / 0 50' 100' o — — \ / I PERMANENT ROAD FILL DRAM BY 331 - / - - STREET E -� 6,505 SF _ EEsio BY ' \ I \ \ /\ \ / / / \ / LEGEND .• 331 CHECKED BY 331 SCALE WETLANDS ����� • 1„-50' SITE DATA TABLE: �\ TOTAL AREA: 57.82 TOTAL WETLANDS: 6.71 ACRES (292,260 SF) Luluil LL1 I U7 ° Q ✓ 'r NOTES: 1. BOUNDARY INFORMATION TAKE FROM SURVEY o w \ I 1 \ I \ �` _// �$9 \\ �\ BY TIMMONS GROUP DATED AUGUST 3rd, 2020. o a z 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. I 3. ENVIRONMENTAL INFORMATION TAKEN BY a N w TIMMONS GROUP DATED JULY 20, 2020. 3: 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. NOT A SPECIAL FLOOD HAZARD AREA PER FIRM 3710964100J, EFFECTIVE DATE 09/06/2006 5. ALL CONSTRUCTION TO BE IN ACCORDANCE / 425 I co 1 � /\ I / 50 I WITH ALL CITY OF SANFORD AND NCDOT STANDARDS, SPECIFICATIONS, AND DETAILS. — / JIMICE NO 45739 SHEET NO Cwr--1.3 i WETLAND IMPACT 1 D TEMPORARY FOR CONSTRUCTION % ................... 853 SF TEMPORARY FOR CONSTRUCTION V 10 LF AND 118 SF L RETAINING WALL Az i 1 � / � c � I ✓V L� �1 I A l c WETLAND IMPACT 1C / PERMANENT ROAD FILL �66�SF) LEGEND WETLANDS SITE DATA TABLE: TOTAL AREA: 57.82 TOTAL WETLANDS: 6.71 ACRES (292,260 SF) 415 410 \ \ — - 410 \ �405 .— PROPOSED WETLAND IMPACT 1 D GROUND \ PERMANENT ROAD FILL ' — , _ _ — - EXISTING 5,003 SF ` _ _ _ GROUND 405 \v STREAM IMPACT 1 D \ \ PERMANENT ROAD FILL V/ r 139 LF AND 1,391 SF 400 Fa erg_ / DISSIPATOR PAD 1VX37.5'X41.5' RETAINING WALL 395 WETLAND IMPACT 1C \ , TEMPORARY FOR CONSTRUCTION 153 SF SCALE 1 "=50' NOR 0 50' 100, WETLAND & STREAM IMPACT LEGEND: PERMANENT WETLANDS -GREEN ® TEMPORARY WETLANDS -PURPLE PERMANENT STREAM - RED TEMPORARY STREAM - BLUE `! N `r=.-.=• __ mm __C�w_ mm�m 415 410 405 EXISTING GROUND 400 395 0+00 0+50 1+00 1+50 +68.25 NOTES: 1. BOUNDARY INFORMATION TAKE FROM SURVEY BY TIMMONS GROUP DATED AUGUST 3rd, 2020. 2. TOPOGRAPHIC SURVEY FROM LEE COUNTY GIS. 3. ENVIRONMENTAL INFORMATION TAKEN BY TIMMONS GROUP DATED JULY 20, 2020. 4. THE SUBJECT PROPERTY IS LOCATED IN ZONE X. NOT A SPECIAL FLOOD HAZARD AREA PER FIRM 3710964100J, EFFECTIVE DATE 09/06/2006 5. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL CITY OF SANFORD AND NCDOT STANDARDS, SPECIFICATIONS, AND DETAILS. vi 0 0 w a Q o DATE 0 0112712021 331 DESIGNED BY • • 331 . CHECKED BY 331 • • SCALE 1 = 50' • • • CL O O D 4 O=� o u_ �z z U t r r az � a 0 w J U 3 a= N J E E M .:.,. Mal s WIIJJUrV. 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: November 12, 2020 Consultation Code: 04EN2000-2021-SLI-0228 Event Code: 04EN2000-2021-E-00479 Project Name: Hwy 78 South 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 11/12/2020 Event Code: 04EN2000-2021-E-00479 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/migratorybirds/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. 11/12/2020 Event Code: 04EN2000-2021-E-00479 Attachment(s): • Official Species List 11/12/2020 Event Code: 04EN2000-2021-E-00479 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 11/12/2020 Event Code: 04EN2000-2021-E-00479 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0228 Event Code: 04EN2000-2021-E-00479 Project Name: Hwy 78 South Project Type: DEVELOPMENT Project Description: Proposed residential development of 58.1 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.44474391414113N79.16729280541463W d .- Counties: Lee, NC s 4- 11/12/2020 Event Code: 04EN2000-2021-E-00479 3 Endangered Species Act Species There is a total of 2 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. 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 Flowering Plants NAME STATUS Harperella Ptilimnium nodosum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3739 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-13299 November 12. 2020 Sydni Law Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE. Hwy 78 South Dear Sydni Law. 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 Hwy 78 South November 12, 2020 NCNHDE-13299 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameADate Last qF Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank i ' Rank Dragonfly or 33757 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S1? Damselfly georgiana Low Rare 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.ora/heir). Data query generated on November 12, 2020; source: NCNHP, Q3 October 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 November 12, 2020 Project Boundary Buffered Project Boundary NCNHDE-13299: Hwy 78 South 1:26,394 0 0.225 0.45 0.9 mi 0 0.35 0.7 1.4 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, 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 Hwy 78 South ■ � �� m » ". ■ « f _� . ■ ° ° °°G, Rd ' eic £ J ■ � � @ -A A � ' » +� ■ � 7 %,aN 2 ® ■ « � @ s@J « KwrS rRA > °Is�n . ■ GAH � @ ■ Ho/ §m¥m> }&, a . ■ @&* az a� @ / ■ §y � . _ ■ ■ ± ■ ƒ \ @ %e $ :y \ a R C, 9 ■ @ 421 - S . ■ . ��� Wes! � ■ * e f % a� �� ■ a / i 4 & WRY H_%0 . ■ ® e'' , ■ � �a0 ? s p t HARNET ]1/]2/20 $]t3»31AM 1:7,2 4 0 0.5 1 2mi �PRbmbse$ '10 Local Landmark, Gone Surveyed inNRHD 0 0.3 1.5 a U Local districts &boundaries Local HDCenter Point ' Surveyed Only, Gone Lee County, NC, State aNorth Carolina DOT, Esri, HERE, _+, INCREMENT R,c uma bU individual resources & enter hb Surveyed Only individual resources & an r in • Surveyed inNRH D, Gone aU Landmark Surveyed Only E«kfac Multiple properties North Carolina State Historic Preservation me Lee County, NC, State a,_c ,a m? Esri, HERE, __ INCREMENT E,c ume Esri, HERE Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Lauren Norris -Heflin lauren.norris-heflin@timmons.com Racoon Path Holdings, LLC Hwy 78 South Lee Street Address Tramway Road (Hwy 78) Address Line 2 aty Sanford Postal / Zip axle 27330 (- Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / Pegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below.* In addition to this electronic pre -filing meeting request, an email with Pre - Application Consultation information was sent to the DWR and USACE. The corresponding memo is attached. The proposed Hwy 78 South project, located between Tramway Road (Hwy 78) and Lemon Springs Road in Sanford, Lee County, NC consists of 111 single-family residential lots, stormwater control measures, and associated amenities (i.e. road crossings, public utility connections). For the purpose of 404/401 permitting, the project area consists of approximately 58.1- acres south of Hwy 78 and west of Lemon Springs Road and Harward Drive. The Site is occupied by converted agricultural and silvicultural land with successional forests ranging from 10-15 years old, as well as mature mixed hardwood forest. The Site was previously included in a larger project area totaling approximately 132-acres which included additional parcels to the north of Tramway Road. These areas to the north have since been separated into a separate, single and complete project with independent utility. Proposed impacts to jurisdictional features within the Site are associated with road crossings, public sewer line installation, and grading. Sewer line placement is required by the local municipality and will be maintained by the municipality following construction. Utility connections between the Hwy 78 South Site and parcels to the north (across Hwy 78) will be coordinated in a way that allows for easier and more efficient planning of utility placement between the two proposed projects. However, neither project is dependent upon the other for utility connection. The project plans are currently underway and site plans for permitting are anticipated around early 2021. Preliminary plans with anticipated impact locations and amounts are attached. Impacts to wetlands and streams delineated on -Site should be minimal and limited to those necessary to install necessary utility connections, road crossings, and grading (where necessary). Four (4) of the five (5) proposed wetlands impacts are associated with road and utility line crossings. Of those, one road crossing will also require stream impacts for culvert installation. The remaining proposed wetland impacts is associated with grading necessary for stabilization of a residential lot. Impacts are limited to those necessary for connection to public roads and utilities, and project design utilized the confirmed delineation to place impacts where the minimum amount of impact would occur. In total, the proposed project should involve approximately 0.338-acres (14,418-sq. ft.) of wetland impacts and 122-ft of stream impact. Impacts are anticipated to result from culvert installation, dissipator pad installation, and grading, and have not yet been separated by temporary and permanent. Please give a couple of dates you are available for a meeting. 11 /23/2020 11 /25/2020 11 /30/2020 12/1 /2020 12/7/2020 Please attach the documentation you would like to have the meeting about. Hwy 78 South_Pre-application meeting memo 7.79MB (reduced).pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 11/19/2020 Lauren Norris -Heflin From: Iaserfiche@ncdenr.gov Sent: Sunday, December 20, 2020 12:00 AM To: Lauren Norris -Heflin Cc: stephanie.goss@ncdenr.gov Subject: Pre -Filing Meeting is not needed for Hwy 78 South - 20201788 Ver 1 CAUTinN• This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Hwy 78 South that you submitted on 11/19/2020 10:47 AM. The ID number for that project is 20201788, Version 1. It has been decided that no meeting is needed for this project. Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1381473 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 are not monitored.