Loading...
HomeMy WebLinkAbout20201842 Ver 2_ePCN Application_20210405DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change Only 1 needed. BIMS # Assigned* Version#* 20201842 2 Is a payment required for this project?* ✓ No payment required ✓ Fee received 6 Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Cleveland Bluffs la. Who is the Primary Contact?* David Syster lb. Primary Contact Email:* david.syster@segi.us Date Submitted 4/5/2021 Nearest Body of Water Middle Creek Basin Neuse Water Classification C, NSW Site Coordinates Latitude: 35.57206 Pre -Filing Meeting Information ID# 20201842 Pre -fling Meeting or Request Date* 12/2/2020 Longitude: -78.54280 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf What amout is owed?* r $240.00 6 $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone lc. Primary Contact Phone:* (910)452-2711 Version 1 51.78KB A. Processing Information County (or Counties) where the project is located: Johnston Is this a NCDMS Project C- Yes ( No Is this project a public transportation project?* C- Yes ( No la. Type(s) of approval sought from the Corps: 7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ( Yes C- No Please provide the date of the previous submission.* 1 /11 /2021 1b. What type(s) of permit(s) do you wish to seek authorization? I7 Nationwide Permit (NWP) I— Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? C' Yes ( No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: I7 401 Water Quality Certification - Regular I— Non-404 Jurisdictional General Permit I— Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* ( Yes C No I— 401 Water Quality Certification - Express r Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ( Yes r No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C' Yes C No Acceptance Letter Attachment Neu -Con SOA- Meadow Spring - Cleveland Bluffs.pdf 139.4KB 1h. Is the project located in any of NC's twenty coastal counties? C- Yes (No 1j. Is the project located in a designated trout watershed? C' Yes ( No B. Applicant Information ld. Who is applying for the permit? 17 Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* ( Yes C' No 2. Owner Information 2a. Name(s) on recorded deed: KG Plaza, LLC 2b. Deed book and page no.: Book 04670 Page 0878 * C- Yes ( No C- Yes ( No 2c. Contact Person: Jack Carlisle 2d.Address Street Address 8620 River Road Address Line 2 CRY Wilmington Postal / Zip Code 28412 2e. Telephone Number: (919)818-7078 2g. Email Address:* e85jack@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: David Syster 4b. Business Name: Southern Environmental Group, Inc. 4c.Address Street Address 5315 South College Rd Address Line 2 Suite E atY Wilmington Postal / Zip Cbde 28412 4d. Telephone Number: (910)452-2711 4f. Email Address:* david.syster@segi.us Agent Authorization Letter* Cleveland Bluffs Agent Authorization Form 11-13-19.pdf State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-2899 56.71 KB C. Project Information and Prior Project History v 1. Project Information 1b. Subdivision name: (t appropriate) Cleveland Bluffs lc. Nearest municipality/ town: Cleveland 2. Project Identification 2a. Property Identification Number: 37101-163600-44-9493,37101-163600-63- 0003 2c. Project Address Street Address 2459 Cornwallis Rd Address Line 2 2b. Property size: 27.24, 36.12 atY State / Province / Region Cary NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Middle Creek 3b. Water Resources Classification of nearest receiving water:* C, NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010903 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 project is subdivision that is currently being developed. Work started in approximately 2015-2016. The surrounding land is generally residential and agricultural. A permit was previously submitted for this project on January 11, 2021 with the same proposed impacts outlined in this submittal. That submittal was subsequently issued a denial on March 19, 2021. The March 19, 2021 letter also included four RFAI items that are addressed within the application. A formal response to these items is also included as an attachment to this application. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* ✓ 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) Cleveland Bluffs Topo Map 101519.pdf 516 35KB 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) Cleveland Bluffs Soils Map 111319.pdf 169.71 KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.25 4g. List the total estimated linear feet of all existing streams on the property: 2541 4h. Explain the purpose of the proposed project:* The overall project purpose is to complete a residential subdivision. The proposed impacts include road crossings, dam improvements, aerial sewer crossings and stream restoration. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The majority of the work has been completed at this time. Various elements such as the stream restoration, an additional aerial sewer crossing and site stabilization will occur once authorization has been obtained. Work will be completed utilizing heavy equipment and hand tools as necessary. Site stabilization will be emphasized during all aspects of future construction. 4j. Please upload project drawings for the proposed project. Permit Drawings 04-5-2021.pdf 2.77MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes Comments: A site visit with the USACE was conducted on 1/27/2021 r No O Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ✓ Preliminary r Approved G Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans David Scibetta Southern Environmental Group, Inc. 6a. Is this a phased project?* « Yes O No 6b. If yes, explain. The project is a Planned Unit Development and the general subdivision density etc. was approved by Johnston County in approximately 2015. The subdivision is broken into several phases, however this permit and the lots shown include all impacts, existing and future. 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 this permit will all proposed activity within wetlands or waters. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): fJ Wetlands I7 Open Waters 2. Wetland Impacts fJ Streams -tributaries fJ Pond Construction r Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (') 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Road/ Driveway Crossing P Headwater Forest UT2 Impact 1 B No Both 0.012 (acres) W2 Road/ Driveway P Headwater Forest UT3 Impact 4 Yes Both 0.016 (acres) W3 Other T Headwater Forest UT3 Impact 5 Aerial Sewer Crossing Yes Both 0.004 (acres) W4 Other T Headwater Forest UT3 Impact 6 Aerial Sewer Crossing Yes Both 0.021 (acres) W5 Other T Headwater Forest UT3 Impact 8 Aerial Sewer Crossing Yes Both 0.029 (acres) 2g. Total Temporary Wetland Impact 0.054 2g. Total Wetland Impact 0.082 2g. Total Permanent Wetland Impact 0.028 2i. Comments: Impact labels on the map correspond to the impact labels denoted within the "Wetland Name" Column. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* Si Crossing / Culvert Permanent Relocation UT 2 Impact 1 B Perennial Both 2 Average (feet) 38 (linear feet) S2 Restoration / Enhancement Temporary Other UT 1 Impact 3 Perennial Both 2 Average (feet) 289 (linear feet) S3 Dam / Pond Construction Permanent Dam construction UT 3 Impact 4 Perennial Both 4 Average (feet) 54 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 92 3i. Total stream and ditch impacts: 381 3i. Total temporary stream impacts: 289 3j. Comments: Impact labels on the map correspond to the impact labels denoted within the "Stream Name" column. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbodytype 4f. Impact area 01 Bank Stabilization / Fill (incl. riprap) P Pond 1 Stabilization Pond 0.19 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.19 4g. Total permanent open water impacts: 0.19 4h. Comments: 5. Pond or Lake Construction 5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland 5d. Stream 5e. Upland pond impacts impacts (feet) (acres) (acres) P1 P2 Flooded Filled Excavated Flooded Filled Excavated Other 0.09 5f. Total: 0.09 5g. Comments: 5h. Is a dam high hazard permit required? r Yes R No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 1.96 5k. Method of construction: E. Impact Justification and Mitigation L) 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Unavoidable wetland impacts were limited to the minimum extent practicable. This is evident in dam construction as the width was kept as narrow as possible. Aerial sewer crossings were also designed to avoid any footings within the wetlands or stream bed. The project was also designed to utilize existing road crossings to minimize impacts (the road to the amenities center and the road across the dam). While these were widened, they did utilize the existing footprint. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In order to limit secondary impacts or sedimentation in downstream waters, best management practices were utilized during road construction and pond maintenance. This included, sediment basins, silt fence and similar practices. 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? ( Yes C No 2c. If yes, mitigation is required by (check all that apply): fJ DWR fJ Corps 2d. If yes, which mitigation option(s) will be used for this project? 7 Mitigation bank r Payment to in -lieu fee rJ Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES Neu -Con Umbrella Bank - Meadow Spring 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.10 Attach Receipt and/or letter Neu -Con SOA - Meadow Spring - Cleveland Bluffs.pdf 3c. Comments 139.4KB 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated. Applicant proposes to restore appro>amately 456' of UT 1 to include 289' that had previously been a tributary and the lower 67' that had been excavated and impounded in a 0.29 acre shallow pond. Please see attached restoration plan. 5b. Mitigation Plan Upload Cleveland Bluffs Stream Restoration Plan V1 with attachments.pdf 13.34 MB 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. ✓ Yes f No 6b. If yes, then identify the square feet of impact. Zone 1 6c. Reason for impact 6d. Total impact (square feet) 0 Multiplier 6e. Required mitigation (square feet) 0 Zone 2 6f. Total buffer mitigation required 0 0 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? C Yes r No 6j. Comments: Please see attached Johnston County Buffer Authorization Request. 0 F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 6 Yes C No What type of SCM are you providing? I7 Level Spreader I7 Vegetated Conveyance (lower SHWf) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30% nitrogen fJ 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?* ✓ Yes C• No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes C 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? s Yes ✓ WA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: 17 Local Government r State Local Government Stormwater Programs I7 Phase II r NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Johnston County r No Comments: The overall site received approval for a SMP from Johnston County. As each Phase or expansion is designed it is reviewed and additional approval from Johnston County is obtained. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* ✓ Yes P No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes r No 2b Provide an explanation of the violation(s): The project was issued a Notice of Violation from NC DWR, USAGE and Johnston County for impacts to streams, wetlands and buffers. This PCN has been submitted in an effort to resolve all outstanding violations. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes ( No 3b. If you answered "no," provide a short narrative description. The Applicant has utilized and plans to continue to utilize best management practices to avoid any secondary impacts to water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 6 Yes r No r N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Johnston County Public Sewer 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?* 6 Yes rNo 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* ✓ Yes RNo 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes r No f No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 0' Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* ✓ Yes G No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Consultation Documentation Upload T&E Species List_ Raleigh Ecological Services Field Office 011121.pdf 151.18KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH 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?* cYes CNo 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation Office 7c. Historic or Prehistoric Information Upload Cleveland Bluffs NC State Historic Preservation Office HWO 2 011121.pdf 4.55MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* C Yes 6 No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Miscellaneous Comments Miscellaneous attachments not previously requested. C00-Cleveland Bluffs_Next Phase_CD_20201202.pdf Cleveland Bluffs 2014 LiDAR and Current Pond Edge and Approx. Wetlands 2020 Aerial 010421.pdf Cleveland Bluffs 2014 LiDAR Conditions 010421 v2.pdf EC00-Cleveland Bluffs_Pond _ESC_CD_20201202.pdf Cleveland Bluffs - Response to DWR RFAI 4-05-21.pdf 3.09MB 1.84MB 1.34MB 10.55MB 216.96KB Signature * IJ 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: David A. Syster Signature Date 4/5/2021 fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability January 13, 2021 U.S. Army Corps of Engineers Chris Hopper Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Cleveland Bluffs This document confirms that KG Plaza c/o Jack Carlisle (Applicant) for the Cleveland Bluffs (Project) has expressed an interest to utilize 0.10 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.10 from the Meadow Spring Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1075. Best Regards, Li Caitlan B. Parker Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability January 13, 2021 U.S. Army Corps of Engineers Chris Hopper Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Cleveland Bluffs This document confirms that KG Plaza c/o Jack Carlisle (Applicant) for the Cleveland Bluffs (Project) has expressed an interest to utilize 0.10 Riparian Wetland Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 0.10 from the Meadow Spring Site in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1075. Best Regards, Li Caitlan B. Parker Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 51GI AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: Cleveland Bluffs Subdivision LOT NO. PLAN NO. PARCEL I.D. 06F04020B & 06F03021 STREET ADDRESS: Cornwallis Road Property Owner (please print): KG Plaza LLC - Jack Carlisle The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): Jack Carlisle 8620 River Road Wilmington, NC 28412 Telephone: 919-514-8353 We her _ b} certify the above info1i1iktiorr submitted in this application is true and accurate to the best of our kngwlhdge``°'` roperty Owner Authorized Signature Jack Carlisle Print Name 11/13/19 Date SEGi Authorized Signature David Scibetta Print Name 11/13/19 Date 0 1 00 200 400 600 800 1 ,000 Feet 1 inch = 500 feet Map Source: USGS TopoView Service, 2016 Edmondson panel, 7.5quad, 1:24k scale USGS Topo Map Cleveland Bluffs SD Clayton, Johnston Co., N.C. 10/15/2019 e., V Property Line c 1 • #• 114 1144: I Ati: at, • 0 70 140 280 420 560 700 Feet 1 inch = 350 feet Map Source: N2016 NCOneMaps Orthoimagery, Soil Survey ofJohnston Co. Soils Map Cleveland Bluffs SD Clayton, Johnston Co., N.C. 11/13/2019 019-115.01 Property Line Pond edge 2014 LiDAR Pond edge 2020 f 7 Apprnv VVatlanrtc AL !1� 0 37.5 75 1 inch = 150 feet Map Source: 2020 NCOneMap Orthoimagery 150 225 300 2014 LiDAR Pond and Current Pond with Approx. Wetland Feet Cleveland Bluffs Subdivision Garner, Johnston Co., N.C. 1/4/2021 019-115.01 Property Line Pond edge 2014 LiDAR Approx. Wetlands 0 37.5 75 150 225 1 inch = 150 feet 300 Feet 2014 Conditions Cleveland Bluffs Subdivision Garner, Johnston Co., N.C. 1/4/2021 019-115.01 Map Source: 2014 QL2 LiDAR DEM x 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-0472 Event Code: 04EN2000-2021-E-01010 Project Name: Cleveland Bluffs January 11, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location 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 01/11/2021 Event Code: 04EN2000-2021-E-01010 2 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. 01/11/2021 Event Code: 04EN2000-2021-E-01010 3 Attachment(s): • Official Species List 01/11/2021 Event Code: 04EN2000-2021-E-01010 1 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 01/11/2021 Event Code: 04EN2000-2021-E-01010 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0472 Event Code: 04EN2000-2021-E-01010 Project Name: Cleveland Bluffs Project Type: DEVELOPMENT Project Description: Subdivision Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.5710951,-78.54288410925817,14z Counties: Johnston County, North Carolina 01/11/2021 Event Code: 04EN2000-2021-E-01010 3 Endangered Species Act Species There is a total of 6 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 Fisheriesl, 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. 1. 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://ecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6772 Endangered STATUS Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Endangered available. Species profile: https://ecos.fws.gov/ecp/species/528 01/11/2021 Event Code: 04EN2000-2021-E-01010 4 Clams NAME Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Yellow Lance Elliptio lanceolata There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/4511 STATUS Proposed Threatened Endangered Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. I S,G 5outlern 1 nvironmental Group, Jnc. 55 15 South College }load, Suite E. Wilmington, NC 28412 Phone : 910.452.271 1 • Email: o{1ice@segi.us 11 January 2021 Via Electronic Mail KG Plaza, LLC Mr. Jack Carlisle & Mr. Fields Carlisle 8620 River Road Wilmington, NC 28412 E85jack@gmail.com Re: Cleveland Bluffs Cultural and Historic Resources Evaluation Dear Mr. Carlisle, At your request, Southern Environmental Group, Inc. (SEGi) reviewed available state and federal databases and physically evaluated a parcel of land ("subject property), encompassing approximately 63 acres, and having PIN numbers 163600-44-9493 and 163600-63-0003, for the potential existence of cultural and/or historic resources, within their boundaries. The subject property is located at the intersection of Cornwallis Road, Cleveland Road, and Allen Road, near Garner, Johnston County, NC (see Appendix A). As part of the review, SEGi consulted the NC Department of Cultural Resources Historic Preservation Office's (SHPO) HWO 2.0 General Admission Interactive Map (see Appendix B), to determine if any known structures or sites are eligible for historic or cultural preservation or any structures or sites that have been listed as a historic or cultural preservation resource. The SHPO HWO 2.0 map depicts three sites, within close proximity to the subject property, but the subject property is not listed and there are no structures on the property that have been listed. SEGi also reviewed the Johnston County GIS Soil Survey (see Appendix C) and LiDAR (see Appendix D), to identify any unusual land formations, such as berms or sink holes, and historical aerial photos (see Appendix E), to determine if any structures would qualify as eligible for preservation. The review of the databases and the historical aerial photos did not reveal any historical use of the property that would qualify for eligibility with the SHPO. SEGi staff physically walked transacts of the property, noting unusual land formations and structures, within the subject property limits. Historical aerials illustrate the subject property was used as agricultural land, with residences scattered throughout the area. A portion of the property was utilized as a nursery right before it was cleared for subdivision development. In summary, SEGi's review and reconnaissance of the subject property revealed no historic resources, which would be affected by the project. Should you have questions, please feel free to contact me at 910.452.2711. Thank you, for allowing SEGi to assist you with this project. We look forward to working with you, again, in the future. David Scibetta SEGi Senior Consultant Enclosures (5) Appendix A Vicinity Map Appendix B NC SHPO HWO 2.0 Cultural and Historic Resources Map NCHPO HPOWEB Cleveland Bluffs SD 1/11/2021, 11:55:27 AM Local districts & boundaries Local individual resources & centerpoints Local Landmark Local Landmark, Gone Local HD Center Point 1:9,028 0 0.05 0.1 0.2 mi i. 0 0.1 0.2 USDA FSA, GeoEye, Maxar 0.4 km North Carolina State Historic Preservation Office USDA FSA, Maxar 1 Appendix C Brunswick County GIS Soil Survey 0 87.5175 350 525 700 Feet 1 inch = 350 feet Map Source: 2020 NCOneMaps Orthoimagery Soils Map Cleveland Bluffs Subdivision Garner, Johnston Co., N.C. 1/11/2021 019-115.01 Appendix D LiDAR Map 0 87.5175 350 525 700 Feet 1 inch = 350 feet Map Source: 2014 QL2 LiDAR DEM LiDAR Map Cleveland Bluffs Subdivision Garner, Johnston Co., N.C. 1/11/2021 019-115.01 Appendix E Historical Aerial Photos DWR Pre -Filing Meeting Request Form NORTH CA:iOLINA 6nvlronmerrtal Qualify Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* David Syster david.syster@segi.us KG Plaza C/O Jack Carlisle Cleveland Bluffs Johnston Street Address 8620 River Road Address Line 2 City State / Rovince / Region Wilmington NC Fbstal / Zip Code Country 28412 United States Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* (' Yes c: No Do you know the name of the staff member you would like to request a meeting with? Erin Deck Please give a brief project description below.* We would like to meet prior to submitting a PCN for the Cleveland Bluffs Subdivision. The PCN includes plans to restore Tributary 1 and address impacts to waters and wetlands that require after the fact permitting. I was unclear if a DEQ Project ID # had been issued. I do have the NOV ID# below. NOV-2019-PC-0473 I have provided a number of dates below but will do my best to be available when the agencies are available. Thank you, David Please give a couple of dates you are available for a meeting. 12/8/2020 12/10/2020 12/14/2020 12/15/2020 Please attach the documentation you would like to have the meeting about. PD-1 6-5-2020.pdf PD-2 6-5-2020.pdf PD-3 6-5-2020.pdf pdf only 2.09MB 150.71 KB 218.36KB 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. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !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 12/2/2020