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