HomeMy WebLinkAbout20210212 Ver 1_ePCN Application_20210408DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Has this project met the requirements for acceptance in to the review process?*
6 Yes
C No
Is this project a public transportation project?*
CYes r No
Change cnly 1 needed.
BIMS # Assigned* Version#*
20210212 1
Is a payment required for this project?*
No payment required
C Fee received
6 Fee needed - send electronic notification
Reviewing Office *
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Kennebec Crossing Subdivision
la. Who is the Primary Contact?*
Deborah Shirley
lb. Primary Contact Email:*
dshirley@sandec.com
Date Submitted
4/8/2021
Nearest Body of Water
Neills Creek
Basin
Cape Fear
Water Classification
WS-IV
Site Coordinates
Latitude:
35.366083
Pre -Filing Meeting Information
ID#
20210212
Pre -fling Meeting or Request Date*
1/28/2021
Longitude:
-78.753716
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
What amout is owed?*
F $240.00
$570.00
Select Project Reviewer*
Rick Trone:eads\rvtrone
lc. Primary Contact Phone:*
(919)846-5900
Version
Version 1
51.26KB
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
C- Yes f No
Is this project a public transportation project?*
C- Yes f No
la. Type(s) of approval sought from the Corps:
[7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
✓ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
C- Yes
G No
1b. What type(s) of permit(s) do you wish to seek authorization?
fJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes F No
Nationwide Permit (NWP) Number: 29 - Residential Developments
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
NWP 58 - Utility Line activities for Water and Other (Impact A1-Permanent-No Permanent Loss)
Id. Type(s) of approval sought from the DWR:
17 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
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?*
C- Yes f No
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes C No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes r No
Acceptance Letter Attachment
Kennebec Crossing DMS Acceptance.pdf 436.34KB
1h. Is the project located in any of NC's twenty coastal counties?
C' Yes r: No
1j. Is the project located in a designated trout watershed?
C- Yes r No
B. Applicant Information
Id. Who is applying for the permit?
✓ Owner 17 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
s Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Ruth D. Petrea
2b. Deed book and page no.:
DB: 013020 DP: 00154
2c. Responsible party:
✓ Yes No
C' Yes No
2d. Address
Street Address
1209 Carolina Ave
Address Line 2
atY State / Province / legion
Durham NC
Postal / Zip Code Country
27705-3203 USA
2e. Telephone Number: 2f. Fax Number:
(919)418-7954
2g. Email Address:*
jcebina@robuckhomes.com
3. Applicant Information (if different from owner)
3a. Name:
Joe Cebina
3b. Business Name:
TBM Partners, LLC
3c. Address
Street Address
6131 Falls of Neuse Road, Suite 300
Address Line 2
atY State / Rovince / legion
Raleigh NC
Postal / ZZp Code Country
27609 USA
3d. Telephone Number: 3e. Fax Number:
(919)247-1932
3f. Email Address:*
jcebina@robuckhomes.com
4. Agent/Consultant (if applicable)
4a. Name:
Deborah Shirley
4b. Business Name:
Soil & Environmental Consultants, PA
4c.Address
Street Address
8412 Falls of Neuse Road, Suite 104
Address Line 2
(Sly State / Province / Region
Raleigh NC
Postal / Zip aide Country
27615 USA
4d. Telephone Number: 4e. Fax Number:
(919)846-5900 (919)846-9467
4f. Email Address:*
dshirley@sandec.com
Agent Authorization Letter*
SEC Agent Authorization Kennebec.pdf
473.12KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Angier
2. Project Identification
2a. Property Identification Number:
0675302448, 0674391027
2b. Property size:
+/- 28.2
2c. Project Address
Street Address
9725 & 9907 Kennebec Church Road
Address Line 2
01y State / Province / legion
Angier NC
Postal / Zip Code Country
27501 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Neills Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040501
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Existing conditions onsite consists primarily of wooded and agricultural land with a residential structure located adjacent to Kennebec Church Road. Kennebec Church Road bisects the
property north to south. Specifically, there are nine (9) wetlands (W1-W9), one (1) perennial stream (SB) and three (3) intermittent streams (SA, SC and SD) located on the property.
'W1' is located in the far southeastern corner of the property. 'SR starts within feature'W2' on the west side of the property before it converges with perennial feature 'SB' in the
northern portion of the property. 'SA' also features adjacent wetlands'W4' and 'W5'. 'SC' is located in the northeastern corner of the property and features adjacent wetlands'W6-W9'
before its confluence with 'SB'. 'W3' has been determined non jurisdictional. Please see attached wetland sketch map of exact locations of features. General land use in the vicinity of
the consists of wooded land along with residential developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r' No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
7.95MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
SS.pdf
4f. List the total estimated acreage of all existing wetlands on the property:
Approximately 2.47 ac
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 2,569 LF
3.85MB
4h. Explain the purpose of the proposed project:*
The purpose of this project is to construct a single-family and multi -family residential development and its necessary infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project consists of the construction of a single-family and multi -family residential development including but not limited to, residential lots, roadway infrastructure, utilities and
SCMs. Specifically, there are three (3) wetland impact areas associated with lot fill/grading, two (2) wetland impacts for road crossings, two (2) wetland impacts for retaining walls, one
(1) wetland impact area associated with storm drainage construction, and one (1) wetland impact associated with an SCM. Equipment typically used for construction and earthwork such
as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project.
4j. Please upload project drawings for the proposed project.
2021.03.30 KENNEBEC CROSSING WETLAND IMPACT EXHIBITS - Rev.pdf 3.34MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
G Yes
Comments:
r No C Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00889
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & Environmental Consultants, PA
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USACE: Site visit and field determination made on July 30, 2020 by Lyle Phillips with written concurrence received on February 12, 2021.
5d1. Jurisdictional determination upload
9725 Kennebec Church Road_Fuquay Varina_Wake_SAW20200089.pdf
Wetland Sketch Map.pdf
6. Future Project Plans
6a. Is this a phased project?*
C Yes
s No
98.12KB
2.41MB
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
7 Wetlands r Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
❑ Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
Impact Al
Lot Fill
P
Bottomland Hardwood Forest
W2
Yes
Both
0.166
(acres)
Impact A2
Road Crossing -Fit
P
Bottomland Hardwood Forest
W2
Yes
Both
0.008
(acres)
Impact Al
Stormwater Drainage
Construction &
Easement (Permanent -
No permanent loss-NWP
58)
P
Bottomland Hardwood Forest
W2
Yes
Both
0.059
(acres)
Impact B
Lot fill/Grading
P
Bottomland Hardwood Forest
W2
Yes
Both
0.012
(acres)
Impact Cl
Road Crossing -Fill
P
Bottomland Hardwood Forest
W2
Yes
Both
0.002
(acres)
Impact C2
Retaining Wall
Construction Access
T
Bottomland Hardwood Forest
W2
Yes
Both
0.010
(acres)
Impact El
Lot Fill/Grading
P
Bottomland Hardwood Forest
W1
Yes
Both
0.011
(acres)
Impact El
Retaining Wall
Construction Access
T
Bottomland Hardwood Forest
W1
Yes
Both
0.012
(acres)
Impact E2
Stormwater Control
Measure & Riprap
Apron (NWP 18)
P
Bottomland Hardwood Forest
W1
Yes
Both
0.094
(acres)
2g. Total Temporary Wetland Impact
0.022
2g. Total Wetland Impact
0.374
2g. Total Permanent Wetland Impact
0.352
2h. Comments:
Total permanent loss wetlands = 0.293 ac (12,773 SF), Total permanent -no permanent loss wetlands = 0.059 ac (2,573SF), Total temporary wetlands
= 0.022 ac (947 SF).
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
S&EC completed a wetland and stream delineation for the entire property to identify natural resources so that proposed impacts could be avoided &
minimized to the maximum extent practicable. Impact Al is proposed permanent wetland impacts for lot fill. This impact is necessary due to the
placement of proposed residential lots and minimum 6,000 SF lot size requirements dictated by Town of Angier R-6 zoning classification, the existing
terrain, and the necessary road infrastructure to serve the development. Proposed impacts have been minimized to the greatest extent practical by
utilizing a stem -wall type construction at the rear of the building pads, which reduces the limits and amount of required fill and has been incorporated
into the grading design. Impact Al (Permanent -no Permanent loss) impacts are proposed wetland impacts for a piped stormwater drainage system on
the backs of proposed residential lots. This impact is necessary due to the topographic limitations on conveyance of piped stormwater drainage
system to the proposed stormwater management facility. This area will be excavated, the stormwater drainage piping installed, and the wetland area
will be brought back to pre -construction contours, allowed to re -vegetate and will need to be mowed and maintained to avoid root growth which could
damage underground pipe/infrastructure. A NWP 58 is being requested for this impact. Impact A2 is proposed permanent wetland impacts for a road
crossing. This road crossing is necessary to provide access to the northern portion of the development and to provide access to residential lots.
Impact B (lot #36) is proposed permanent wetland impact for lot fill and grading. This impact is necessary to allow for the minimum 6,000 SF lot size
requirements dictated by Town of Angier R-6 zoning classification. Additional stream and wetland impacts have been avoided in this area by the
utilization of stem -wall type construction at the rear of the building pads, together with the addition of a retaining wall around the rear of lot #37
abutting the wetland area. Impact Cl is a proposed road crossing with permanent wetland impacts. This road crossing is necessary to access the lots
on the western side of Dupree Meadow Drive. Proposed impacts have been minimized by adding a retaining wall. Impact C2 is a proposed temporary
wetland impact necessary for the construction of the retaining wall designed to avoid permanent wetland impacts at lot #43 and minimize wetland
impacts associated with the Dupree Meadow Drive road crossing. Additionally, this retaining wall extends on the SW side of wetland W2 to further
avoid wetland impacts in this area. Previously identified Impact D (sheet 6 of 7) has been designed to avoid stream impacts, this sanitary sewer
crossing will be aerial and will not require any stream impacts during construction. Impact El is a proposed permanent wetland impact for lot fill,
grading and proposed temporary wetland impacts for retaining wall construction. Permanent loss wetland impacts have been minimized by utilizing a
retaining wall. Impact E2 is proposed permanent wetland impact for construction and grading of the required Stormwater Control Measure (SCM) and
riprap apron. The Town of Angier Code of Ordinance Part II -Chapter 17- Article VII- Section 17-200 requires stormwater management facilities for
detention/peak flows for new development. The proposed development south of Kennebec Church Road has a grade change of approximately 15 feet
from Kennebec Church Road down to the wetland. It is necessary to design the SCM at the lower elevations so that any new stormwater can flow to
the SCM and discharge properly. The rip rap apron at the piped outfall from the SCM is sized as required for dissipation and reduction of erosive
velocity for flows before discharging to the existing wetland there. To minimize the proposed impacts to this wetland area, an additional 0.55 acres of
land was purchased after initial site design to reposition and provide more area for the necessary SCM and outfall. A Nationwide Permit 18 is being
requested for this impact area. All temporary wetland impacts will be brought back to pre -construction contours and allowed to re -vegetate with
adjacent wetland seed source. Compensatory mitigation is being proposed for all permanent loss and permanent -no permanent loss wetland impacts
to offset wetland losses.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction measures and techniques used: aerial utility crossing, retaining walls and stem walls to limit grading, protection measures such as silt
fencing, high hazard silt fencing, diversion ditches, rock check dams, and temporary sediment basins are proposed to minimize erosion and
sedimentation.
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):
DWR 17 Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank 17 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.
6. Yes C No
4b. Stream mitigation requested:
(linear feet) 4c. If using stream mitigation, what is the stream temperature:
0
4d. Buffer mitigation requested (DWR only):
(square feet)
0
4e. Riparian wetland mitigation requested:
(acres)
0.65
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
O 0
4h. Comments
S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were two (2) banks listed within the 03030004 HUC that had riparian wetland
credits available. Both were contacted, however did not have any credits available. Attached is a acceptance letter from NCDMS. Permanent Wetland
loss impact = 12,773 SF (0.293 acres; 0.293 @ 2:1 mitigation ratio = 0.586 acres), Permanent -No Permanent Wetland Loss = 2,573 SF (0.059 acres;
0.059 @ 1:1 mitigation ratio = 0.059 acres)
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.
C- Yes R No
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?
✓ Yes ( No
If no, explain why:
This project is located within the Cape Fear River basin where there are no NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes G No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ 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?
✓ Yes
✓ N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
7 Local Government r State
Local Government Stormwater Programs
[7 Phase II r NSW r USMP 17 Water Supply
Please identify which local government stormwater program you are using.
Town of Angier
Comments:
r No
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 ( 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 t:' No
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.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document
prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause
cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural
and silvicultural operations. The Kennebec Crossing Subdivision project is a residential development. Additionally, the project is located within the
Town of Angier ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream
waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; and 2)
the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s)
in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is
needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
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.
Non -discharge wastewater will be collected in the existing sanitary sewer system which will tie to an existing sanitary sewer manhole system to the
north. The wastewater will then be treated at the North Harnett WWTP which has a capacity of 7.5 MGD.
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?*
t: Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes ('No
r No F Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
s Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes ('No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes (7 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 f• No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a
query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on
March 18, 2021. S&EC received response from USFWS on March 18, 2021 that they concurred with the determinations made by S&EC that the
proposed actions is not likely to adversely affect a portion of the federally -listed endangered or threatened species, their formally designated critical
habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Due to the surveys for Michaux's Sumac being conducted
outside of the survey window, the USFWS recommends that surveys for Michau>ts sumac be conducted during the appropriate survey window. Please
see attached S&EC Threatened & Endangered Species report and correspondence from USFWS.
Consultation Documentation Upload
USFWS concurrence.pdf
S&EC Kennebec Church Rd T&E Report Signed.pdf
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes 6 No
224.85KB
7.88MB
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes ( No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 2, 2021, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes ( No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
Miscellaneous v
Comments
Miscellaneous attachments not previously requested.
Signature
R 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:
Deborah E. Shirley
Signature
Paika4 f. faee.f
Date
4/8/2021
March 23, 2021
Joe Cebina
TBM Partners, LLC
6131 Falls of Neuse Road, Suite 300
Raleigh, NC 27615 Expiration of Acceptance: 9/23/2021
Project: Kennebec Crossing County: Wake
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 0.65
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@ncdenr.gov.
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Debbie E. Shirley, agent
S&
EC
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467
sandec.com
AGENT AUTHORIZATION
Project Name/Description: Kennebec Church Road S&EC Project # 14125
Date: / '' 7 -2-1
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips Field Office: Raleigh Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 0675302448
Site Address: 9725 Kennebec Church Road
City, County, State: Angier, Wake County, NC
APPLICANT INFORMATION:
Name: Ti3M / 2T4% S, LL �, c3C)E �eL/ .
Mailing Address: 6/3 F�.11s o� SR— kd, • 5 - -'e 3a0 ec4
Telephone Number: (Nie
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7-1
Email: JGe101 �.c. 4'-ci61.)e— iskovrteS • C d>>^
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can (p ri ) Date
Applica ignature
We ereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,
Project Number:
SB
Project Manager:
1" = 1500'Scale:
01/27/2020Date:
Map Title:
Source:
Figure 1 - USGS Map
9725 Kennebec Church Road,
Wake County, NC
2019 NC Angier &
Fuquay-Varina Quads
¯0 1,500 3,000
Feet
14125.W1
Project Number:
SB
Project Manager:
1" = 500'Scale:
01/27/2020Date:
Map Title:
Source:
Figure 2 - Soil Survey
9725 Kennebec Church Road,
Wake County, NC
Wake County Soil
Survey Sheets 102 & 104 (inset)
¯0 500 1,000
Feet
14125.W1
O
A
K
C
L
I
F
F
L
N
.
5
0
'
P
U
B
L
I
C
R
/W
B
M
1
9
8
4
P
G
1
4
0
1
BM 2014 PG 1121
N/F
RUTH DUPREE PETREA AND
WILLIAM A. DUPREE, III
HC PIN 0674390203
HC PID 0406740713
DB 13020 PG 154 TRACT VI (WCR)
DB 3667 PG 859 (HCR)
ZONED-R30A
9,031 SF / 0.207 ACRESL1(T)L2(T)L4(T)L5(T)L6(T)L7(T)L8
L9
L10
L11
L13
L14
L16OAKCLIFF LN.50' PUBLIC R/WBM 1984 PG 1401N/F
RUTH DUPREE PETREA AND
WILLIAM A. DUPREE, III
WC PIN 0675302448
WC REID 0019550
DB 13020 PG 154 TRACT VI (WCR)
DB 3667 PG 859 (HCR)
ZONED-R30
1,197,825 SF / 27.498 ACRES
KEN
N
E
B
E
C
C
H
U
R
C
H
R
D. (
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2
7
9
1)
60' P
U
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LI
C
R/
W
B
Y
A
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E
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(NO F
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SI
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U
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N
T
A
TI
O
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DB 2
1
0
4
P
G
9
1 (
W
C
R)
DB 2
1
0
4
P
G
9
8 (
W
C
R)
L3(T)
LEGEND
PROP. CONTOUR
EXIST. WETLANDS
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
PERMANENT-NO PERMANENT LOSS WETLAND IMPACT
PROP. LIMITS OF DISTURBANCE
EXIST. FEMA 100 YEAR FLOODPLAN
ZONE 1 BUFFER
ZONE 2 BUFFER
EXIST. TOP OF BANK
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-EXIST IMP EXHIBITS.dwg, Exist, pnaikSHEET:
PROJECT MANAGER:
PROJECT INFORMATION
DESIGNED BY:
DRAWN BY:
PROJECT NUMBER:
ORIGINAL DATE:BYREVISIONDATENO.NC LICENSE #F-1407ESP Associates, Inc.www.espassociates.com2200 Gateway Centre Blvd.Morrisville, NC 27560919-678-1070Suite 216KENNEBEC CROSSING SUBDIVISIONTOWN OF ANGIER, NCROBUCK HOMESEXISTING CONDITIONS PLAN1 of 7
SM
RAJ
RAJ
HC39.401
3/29/2021
R
1 INCH = FT.
( IN FEET )
GRAPHIC SCALE
0100'50'100'200'400'
100NORTH ORIENTED TONC GRID
LEGEND
PROP. CONTOUR
EXIST. WETLANDS
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
PERMANENT-NO PERMANENT LOSS WETLAND IMPACT
PROP. LIMITS OF DISTURBANCE
EXIST. FEMA 100 YEAR FLOODPLAN
ZONE 1 BUFFER
ZONE 2 BUFFER
EXIST. TOP OF BANK
O
A
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C
L
I
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5
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'
P
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L
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C
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/W
B
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9
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G
1
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1
BM 2014 PG 1121
OAKCLIFF LN.50' PUBLIC R/WBM 1984 PG 1401KEN
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E
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E
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H
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D. (
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2
7
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1)
60' P
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B
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B
Y
A
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E
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M
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(NO F
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P
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D
O
C
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M
E
N
T
A
TI
O
N)
DB 2
1
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4
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G
9
1 (
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DB 2
1
0
4
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G
9
8 (
W
C
R)
OPEN SPACE
OPEN SPACE
OPEN SPACE
OPEN SPACE
5
7
KENNEBEC CROSSING DR.
(VARIABLE WIDTH PUBLIC R/W)KENNEBEC CROSS
ING
DR
.
(VAR
IABLE
W
IDTH
PUBL
IC
R
/W
)
DUP
R
E
E
M
E
A
D
O
W
D
R.(50' P
U
B
LI
C
R/
W)
PETREA CT.
(50' PUBLIC R/W)
BALCON CT
(50' PUBLIC R/W)DUPREE MEADOW DR.(50' PUBLIC R/W)XX
XXXXXXXXX
X 0+001+001+15
PROP. LIMITS OF
DISTURBANCE (TYP.) S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Site, pnaikSHEET:
PROJECT MANAGER:
PROJECT INFORMATION
DESIGNED BY:
DRAWN BY:
PROJECT NUMBER:
ORIGINAL DATE:BYREVISIONDATENO.NC LICENSE #F-1407ESP Associates, Inc.www.espassociates.com2200 Gateway Centre Blvd.Morrisville, NC 27560919-678-1070Suite 216KENNEBEC CROSSING SUBDIVISIONTOWN OF ANGIER, NCROBUCK HOMESSITE PLAN2 of 7
SM
RAJ
RAJ
HX39.401
3/29/2021
R
1 INCH = FT.
( IN FEET )
GRAPHIC SCALE
0100'50'100'200'400'
100
TOTAL IMPACTS FOR THE SITE
TEMPORARY WETLANDS IMPACTS 947 SF
PERMANENT WETLANDS IMPACTS 8,668 SF
PERMANENT WETLANDS IMPACTS (STORMWATER) 4,105 SF
PERMANENT-NO PERMANENT LOSS WETLANDS IMPACT 2,573 SF
NORTH ORIENTED TONC GRIDIMPACT C
IMPACT A
IMPACT B
IMPACT E
AREA D
BALCON CT
(50' PUBLIC R/W)
34333231
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact A, pnaikKENNEBEC CROSSING SUBDIVISIONTOWN OF ANGIER, NCCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:SHEET:3 OF 7IMPACT AAPPLICATION TRACKING NUMBER: SAC---ESP Associates, Inc.2200 Gateway Centre Blvd.Suite 216Raleigh, NC 27607phone 919.678.1070fax 919.677.1252www.espassociates.comNC LICENSE #F-1407ROBUCK HOMESSMRAJHX39.401 S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact A, pnaik1"= BAR SCALE 40'
FOR USACOE PERMITTING ONLY.
DESIGN EVALUATION BASED ON PHYSICAL
DATA AND LIDAR TOPOGRAPHY
NOTE:
IMPACT A
PERMANENT WETLANDS IMPACT 7,573 SF
PERMANENT-NO PERMANENT LOSS IMPACT 2,573 SF
CONTRACTOR SHALL LIMIT ALL
TEMPORARY IMPACTS TO WATERS OF
THE STATE TO LESS THAN 90 DAYS.
PERMANENT
WETLAND
IMPACT AREA
LEGEND
WETLAND
PERMANENT-NO PERMANENT LOSS IMPACT AREA
PERMANENT WETLAND IMPACT 3//29/2021DUPREE MEADOW DR.(50' PUBLIC R/W)PERMANENT-NO PERMANENT LOSS IMPACT AREA
NO CUT OR FILL WORK PROPOSED IN AREA
PROP. LIMITS OF
DISTURBANCE (TYP.)
PERMANENT WETLAND IMPACT A1
(LOT DEVELOPMENT)
AREA: 7,218 SF
PERMANENT WETLAND IMPACT A2
(ROAD DEVELOPMENT)
AREA: 355 SF
37
36
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact B, pnaikKENNEBEC CROSSING SUBDIVISIONCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:SHEET:4 OF 7IMPACT BAPPLICATION TRACKING NUMBER: SAC---ESP Associates, Inc.2200 Gateway Centre Blvd.Suite 216Raleigh, NC 27607phone 919.678.1070fax 919.677.1252www.espassociates.comNC LICENSE #F-1407ROBUCK HOMESSMRAJ S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact B, pnaik1"= BAR SCALE 40'
FOR USACOE PERMITTING ONLY.
DESIGN EVALUATION BASED ON PHYSICAL
DATA AND LIDAR TOPOGRAPHY
NOTE:
IMPACT B
PERMANENT WETLANDS IMPACT 541 SF
CONTRACTOR SHALL LIMIT ALL
TEMPORARY IMPACTS TO WATERS OF
THE STATE TO LESS THAN 90 DAYS.
PERMANENT
WETLAND
IMPACT AREA
LEGEND
WETLAND
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT HX39.401TOWN OF ANGIER, NC3/29/2021PROP. SITE
WALL (TYP.)
PROP. LIMITS OF
DISTURBANCE (TYP.)
OPEN SPACE
KENNEBEC CROSS
ING
DR
.
(VAR
IABLE
W
IDTH
PUBL
IC
R
/W
)
DUP
R
E
E
M
E
A
D
O
W
D
R.(50' P
U
B
LI
C
R/
W)
43
44
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact C, pnaikKENNEBEC CROSSING SUBDIVISIONCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:SHEET:5 OF 7IMPACT CAPPLICATION TRACKING NUMBER: SAC---ESP Associates, Inc.2200 Gateway Centre Blvd.Suite 216Raleigh, NC 27607phone 919.678.1070fax 919.677.1252www.espassociates.comNC LICENSE #F-1407ROBUCK HOMESSMRAJ S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact C, pnaik1"= BAR SCALE 40'
FOR USACOE PERMITTING ONLY.
DESIGN EVALUATION BASED ON PHYSICAL
DATA AND LIDAR TOPOGRAPHY
NOTE:
IMPACT C
TEMPORARY WETLANDS IMPACT : 420 SF
PERMANENT WETLANDS IMPACT : 68 SF
CONTRACTOR SHALL LIMIT ALL
TEMPORARY IMPACTS TO WATERS OF
THE STATE TO LESS THAN 90 DAYS.
PERMANENT WETLAND
IMPACT AREA C1:
(ROAD DEVELOPMENT)
LEGEND
WETLAND
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
TEMPORARY WETLAND
IMPACT AREA C2:
(RETAINING WALL)HX39.401TOWN OF ANGIER, NC3/29/2021PROP. SITE
WALL (TYP.)KENNEBEC CROSS
ING
DR
.
(VAR
IABLE
W
IDTH
PUBL
IC
R
/W
)
DUP
R
E
E
M
E
A
D
O
W
D
R.(50' P
U
B
LI
C
R/
W)
PROP. LIMITS OF
DISTURBANCE (TYP.)
0+001+001+15
295
300
310 0+001+001+15PROP. MH#36
STA:0+00.00
RIM=308.66
INV. IN=304.84 (15)
INV. IN=304.94 (35)
INV. OUT=304.74
8" DIP
115.47 LF @ 0.50%
PROP. MH#14
STA:1+15.47
RIM=307.21
INV. IN=304.16 (36)
INV. OUT=303.96
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact D, pnaikKENNEBEC CROSSING SUBDIVISIONCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:SHEET:6 OF 7IMPACT DAPPLICATION TRACKING NUMBER: SAC---ESP Associates, Inc.2200 Gateway Centre Blvd.Suite 216Raleigh, NC 27607phone 919.678.1070fax 919.677.1252www.espassociates.comNC LICENSE #F-1407ROBUCK HOMESSMRAJ S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact D, pnaik1"= BAR SCALE 40'
FOR USACOE PERMITTING ONLY.
DESIGN EVALUATION BASED ON PHYSICAL
DATA AND LIDAR TOPOGRAPHY
NOTE:
NO STREAM IMPACTS
LEGEND
WETLAND
HX39.401TOWN OF ANGIER, NC3/29/2021PROP. LIMITS OF
DISTURBANCE (TYP.)
STREAM CROSSING
SHALL BE AERIAL.
NO STREAM IMPACT
IS PROPOSED
16" STEEL ENCASEMENT FOR AERIAL CROSSING
PROPOSED SANITARY SEWER AERIAL CROSSING PROFILE
1"= BAR SCALE VERTICAL 4'
PROP. GRADE (TYP.)
EXIST. GRADE (TYP.)
72
735
S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact E, pnaikKENNEBEC CROSSING SUBDIVISIONCHECKED BY:DRAWN BY:PROJECT NUMBER:ORIGINAL DATE:SHEET:7 OF 7IMPACT EAPPLICATION TRACKING NUMBER: SAC---ESP Associates, Inc.2200 Gateway Centre Blvd.Suite 216Raleigh, NC 27607phone 919.678.1070fax 919.677.1252www.espassociates.comNC LICENSE #F-1407ROBUCK HOMESSMRAJ S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Impact E, pnaik1"= BAR SCALE 40'
FOR USACOE PERMITTING ONLY.
DESIGN EVALUATION BASED ON PHYSICAL
DATA AND LIDAR TOPOGRAPHY
NOTE:
IMPACT E
TEMPORARY WETLANDS IMPACT 527 SF
PERMANENT WETLANDS IMPACT (LOT DEVELOPMENT) 486 SF
PERMANENT WETLANDS IMPACT (STORMWATER)4,105 SF
CONTRACTOR SHALL LIMIT ALL
TEMPORARY IMPACTS TO WATERS OF
THE STATE TO LESS THAN 90 DAYS.
WETLAND IMPACT AREA E2
(STORMWATER) 4,105 SF
HX39.4013/29/2021TOWN OF ANGIER, NCWETLAND IMPACT AREA
E1 (LOT DEVELOPMENT)
486 SF
LEGEND
WETLAND
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
TEMPORARY
WETLAND
IMPACT AREA
SCM B PROP. LIMITS OF
DISTURBANCE (TYP.)
PROP. STORM
DISCHARGE
PROP. RETAINING WALL
PROP. RIP RAP
APRON
1
Deborah Shirley
From:Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil>
Sent:Friday, February 12, 2021 1:12 PM
To:Steven Ball
Subject:9725 Kennebec Church Road / Fuquay-Varina / Wake County / SAW-2020-00889
Attachments:Wetland Sketch Map.pdf
Steven,
Based on my site visit on 07/30/2020 the Corps concurs with the delineation within the red outlined "Evaluation Area"
and green outlined “AJD Evaluation Area” depicted on the “Wetland Sketch Map” attached. It may take 90‐120 days for
the issuance of a written jurisdictional determination. The delineation may be used for planning and permitting
purposes, should a permit be required the JD can be issued and the time of permit verification. AID for the project is
SAW‐2020‐00889. I have attached the delineation for reference.
Please let me know if you have any questions or concerns.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE‐SAW‐RG‐R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 554‐4884, Ext. 25.
Fax: (919) 562‐0421
Email: George.L.Phillips@usace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Thank you for taking the time to visit this site and
complete the survey.
Prepared by: JH
Aerials from NC One Map
Wetland Sketch Map
8/11/2020
1" = 150'
Scale:
SB
14125.W1
Project Mgr.:
Project No.
.
!?!?DP1 DP2
!?
01 TT PL
12 TT PL
100
64
151 TT PL
85
Start CH @ WL Flag 85
53 TT CH
120 TT CH
52 TT CH
148 TT PL
47 TT CH
124 TT CH
121 TT CH
46 TT CH
125 TT CH
33 TT CH
135 TT CH
142 TT PL
147 TT PL
141 TT PL
136 TT CH
23B TT CH 24B TTPL
32A TT CH
26A TT PL
25A TT CH
22A TT CH
21A & 22B TT CH
18A & B TT CH
17A & B TT CH
13A & B TT CH
W1
A
W2
W3
W4
W5
W6
W7
W8
W9
C
D
B
This wetland will be
included in AJD and will
not be jurisdictional
Per site visit
with Lyle Phillips
of USACE on 7/30/2020
OAKCLIFF LNK E N N E B E C C H U R C H R D
REGAL DR
R
A
W
L
S C
H
U
R
C
H R
D
C R OO KN E C K DR
NCCGIA¯0 300 600150 Feet
9725 Kennebec Church Road,
Wake County, NC
Legend
Evaluation Area
Potentially Jurisdictional Perennial Stream
Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Wetland
2' Contour
Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only
S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC’s detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC’s flagging.
1
Camden Brunick
From:Ellis, John <john_ellis@fws.gov>
Sent:Thursday, March 18, 2021 11:15 AM
To:Mason Montgomery; Mann, Leigh
Subject:Fw: DUE DATE: APRIL 8, 2021 Fw: [EXTERNAL] Kennebec Ch Rd T&E Submittal
Attachments:S&EC Kennebec Church Rd T&E Report Signed.pdf
Mason,
The Service concurs with your determinations for Red‐cockaded Woodpecker, Cape Fear Shiner, and Atlantic
Pigtoe. Due to the surveys for Michaux’s Sumac being conducted outside of the survey window, we
recommend additional surveys be conducted during the appropriate time.
John
From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov>
Sent: Thursday, March 18, 2021 9:20 AM
To: Ellis, John <john_ellis@fws.gov>
Subject: DUE DATE: APRIL 8, 2021 Fw: [EXTERNAL] Kennebec Ch Rd T&E Submittal
From: Mason Montgomery <mmontgomery@sandec.com>
Sent: Thursday, March 18, 2021 12:41 PM
To: Raleigh, FW4 <raleigh@fws.gov>
Cc: Deborah Shirley <dshirley@sandec.com>
Subject: [EXTERNAL] Kennebec Ch Rd T&E Submittal
This email has been received from outside of DOI ‐ Use caution before clicking on links, opening attachments, or
responding.
Hello,
Attached is the Threatened and Endangered species report for the Kennebec Church Road project located in Wake
County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is required when
making your determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office (919) 846‐5900
Direct (919) 746‐7750
2
Mobile (704) 773 ‐2837
mmontgomery@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e‐mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, 9725 Kennebec Church Road, Angier – Wake County,
North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office’s online project
review process and have followed all guidance and instructions in completing the review. We
completed our review March 16, 2021 and are submitting our project review package in accordance with
the instructions for further review.
Our proposed action consists of: A planned residential development that is proposing impacts to
wetlands.
The location of the project and the action area are identified on the enclosed maps.
9725 Kennebec Church Road (35.536585, -78.753768). The site is located at 9725 Kennebec Church
Road, Angier – Wake County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 14, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 18, 29 & 58.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery@sandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
March 16, 2021
S&EC Project No: 14125.W5
1.Project Request Review Package
2.S&EC T&E Species Report
3.Vicinity Maps
4.S&EC Photo Report
5.Overall Site Plan
6.FWS Official Species List
7.NHP Report
8.FWS Species Conclusion Table
9.FWS Self-Certification Letter
9725 Kennebec Church Road – S&EC Threatened & Endangered Species Report
Page 1 of 5
March 16, 2021
S&EC Project No.: 14125.W5
To: TBM Partners, LLC
Attn: Joe Cebina
6131 Falls of Neuse Road Suite 300
Raleigh, NC 27613
Re: THREATENED & ENDANGERED SPECIES REPORT
9725 Kennebec Church Road (+/- 23 acres)
9725 Kennebec Church Road, Angier – Wake County, NC
Joe Cebina:
On February 9, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the 9725 Kennebec
Church Road property shown on the attached maps for potential endangered species. The property is
located at 9725 Kennebec Church in Wake County, NC. Surface waters onsite flow into Neill’s Creek in
the Cape Fear River, which has been classified in the “Classification and NC DWQ Standards Applicable
to Surface Waters and Wetlands of North Carolina” as WS-IV.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite. This survey did
not include any detailed sampling or netting. The results of the search are discussed below.
March 16, 2021
S&EC Project #14125.W5
9725 Kennebec Church Road– S&EC Threatened & Endangered Species Report
Page 2 of 5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red-cockaded Woodpecker (Picoides borealis), Endangered
• Cape Fear Shiner (Notropis mekistocholas), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Michaux’s Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within 1 mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report did not identify any natural or managed land areas within the project area or within 1 mile of the
project area.
RED-COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red-cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. Given the lack of species present, and no presence of suitable habitat
we concluded that the project would have “No effect” on RCWs.
CAPE FEAR SHINER (Notropis mekistocholas)
During the preliminary survey for the Cape Fear Shiner we looked for any suitable habitat and
evidence of the species being present. The NHP report did not list any known elemental occurrence
within the project area or within 1 mile of the site. These species are found in the Upper Caper Fear
River Basin. The suitable habitat these species are found in are streams with rocky substrate with slow
flowing water. While we did not specifically sample for the species, we also did not find any evidence
of the species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
stream onsite was +/-3 feet wide with moderate baseflow and had a silty substrate. The perennial
March 16, 2021
S&EC Project #14125.W5
9725 Kennebec Church Road– S&EC Threatened & Endangered Species Report
Page 3 of 5
stream is a 2nd order headwater stream but is only a 1st order perennial stream. Additionally, the other
intermittent streams onsite did not have suitable habitat. Furthermore, it is important to point out that
there are no proposed temporary or permanent stream impacts for this proposed project. Due to these
observations we have concluded that the project would have “No effect” on the Cape Fear Shiner.
ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels).
The NHP report did not list any known elemental occurrence within the project area or within 1 mile of
the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
stream onsite was +/-3 feet wide with moderate baseflow and had a silty substrate. The perennial
stream is a 2nd order headwater stream but is only a 1st order perennial stream. Additionally, the other
intermittent streams onsite did not have suitable habitat. Furthermore, it is important to point out that
there are no proposed temporary or permanent stream impacts for this proposed project. Due to these
observations, we have concluded that the project would have “No effect” on the Atlantic Pigtoe.
MICHAUX’S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. The NHP
report did not list any known elemental occurrence within the project area. We found suitable habitat
within the project areas to include primarily disturbed open areas along the field edges and roads. It
should be noted that this preliminary survey was done outside of the optimal survey window (May-
October). While we did not find any Michaux’s Sumac plants within the project area, our survey was
conducted outside of the optimal survey window and as suitable habitat was found it is possible that
Michaux’s Sumac exists and therefore we concluded the project would “May affect” Michaux’s
March 16, 2021
S&EC Project #14125.W5
9725 Kennebec Church Road– S&EC Threatened & Endangered Species Report
Page 4 of 5
Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys within the
optimal survey window.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is “Unlikely to disturb
nesting bald eagles”. We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB’s) within the project area. During our survey, we found no individual species.
S&EC followed the project review steps 7a. & 7b for NLEB. This project will result in the removal of
trees. Due to the nature of the project being residential development, we concluded that the project
would “May affect, but not likely to adversely affect” NLEB’s.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
“Species Conclusion Table” and “Self-Certification Letter”. Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely
to adversely affect a portion of the federally listed endangered or threatened species, their formally
designated critical habitat, or species currently proposed for listing under the Endangered Species
Act (ESA). However, as suitable habitat exists for Michaux’s Sumac the USFWS should be
consulted to determine if surveys need to occur during the optimal survey windows for Michaux’s
Sumac to ensure that no plants exist within the disturbed limits of the project. We strongly
recommend requesting a concurrence letter from the FWS.
March 16, 2021
S&EC Project #14125.W5
9725 Kennebec Church Road– S&EC Threatened & Endangered Species Report
Page 5 of 5
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. February 1, 2021.
6. NHP report re: February 1, 2021.
7. S&EC – FWS Species Conclusion Table. March 16, 2021.
8. S&EC – FWS Self-Certification Letter. March 16, 2021.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March, 2017. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux’s Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red-cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
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February 12, 2021
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February 12, 2021
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LEGEND
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DISTURBANCE (TYP.) S:\RE1\Projects\2020\HX39.401 Kennebec Crossing\_HX39\Sheets\HX39-IMPACT EXHIBITS.dwg, Site, pnaikSHEET:
PROJECT MANAGER:
PROJECT INFORMATION
DESIGNED BY:
DRAWN BY:
PROJECT NUMBER:
ORIGINAL DATE:BYREVISIONDATENO.NC LICENSE #F-1407ESP Associates, Inc.www.espassociates.com2200 Gateway Centre Blvd.Morrisville, NC 27560919-678-1070Suite 216KENNEBEC CROSSING SUBDIVISIONTOWN OF ANGIER, NCROBUCK HOMESSITE PLAN2 of 7
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1 INCH = FT.
( IN FEET )
GRAPHIC SCALE
0100'50'100'200'400'
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TOTAL IMPACTS FOR THE SITE
TEMPORARY STREAM CROSSING IMPACT 88 SF
TEMPORARY WETLANDS IMPACTS 3,520 SF
PERMANENT WETLANDS IMPACTS 8,668 SF
PERMANENT WETLANDS IMPACTS (STORMWATER) 4,105 SF
NORTH ORIENTED TONC GRIDIMPACT C
IMPACT A
IMPACT B
IMPACT E
IMPACT D
February 01, 2021
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-0585
Event Code: 04EN2000-2021-E-01260
Project Name: 9725 Kennebec Church Road
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
02/01/2021 Event Code: 04EN2000-2021-E-01260 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/
eagleBguidance.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/CurrentBirdIssues/Hazards/towers/towers.htm http://
www.towerkill.com and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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 johnBellis#fws.gov.
02/01/2021 Event Code: 04EN2000-2021-E-01260 3
Ƒ
Attachment(s):
Official Species List
02/01/2021 Event Code: 04EN2000-2021-E-01260 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
02/01/2021 Event Code: 04EN2000-2021-E-01260 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-0585
Event Code: 04EN2000-2021-E-01260
Project Name: 9725 Kennebec Church Road
Project Type: DEVELOPMENT
Project Description: This project is lcoated at 9725 Kennebec Church Road, Wake County,
NC. This site is approximately 23 acres
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.53667925,-78.75376443237698,14z
Counties: Wake County, North Carolina
02/01/2021 Event Code: 04EN2000-2021-E-01260 3
1.
Endangered Species Act Species
There is a total of 4 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
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Fishes
NAME STATUS
Cape Fear Shiner Notropis mekistocholas
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6063
Endangered
Clams
NAME STATUS
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
Proposed
Threatened
1
02/01/2021 Event Code: 04EN2000-2021-E-01260 4
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
NCNHDE-13863
February 1, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: 9725 Kennebec Church Road; 14125.W5
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water 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 rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area9725 Kennebec Church RoadProject No. 14125.W5February 1, 2021NCNHDE-13863Element Occurrences Documented Within a One-mile Radius of the Project AreaTaxonomicGroupEO ID Scientific Name Common Name LastObservationDateElementOccurrenceRankAccuracy FederalStatusStateStatusGlobalRankStateRankDragonfly orDamselfly32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-VeryLow--- SignificantlyRareG5 S2?Dragonfly orDamselfly33751 SomatochlorageorgianaCoppery Emerald 2004-Pre H? 5-VeryLow--- SignificantlyRareG3G4 S1?No Natural Areas are Documented Within a One-mile Radius of the Project AreaNo Managed Areas are Documented Within a One-mile Radius of the Project AreaDefinitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on February 1, 2021; source: NCNHP, Q4 January 2021. Pleaseresubmit 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
Page 3 of 3
Species Conclusions Table Project Name: 9725 Kennebec Church Rd Date: March 16, 2021 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded Woodpecker Picoides borealisNo suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on February 9, 2021. Cape Fear Shiner Notropis mekistocholas No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on February 9, 2021. Atlantic Pigtoe Fusconaia masoni No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on February 9, 2021. Michaux’s SumacRhus michauxii Suitable habitat present May affect Preliminary habitat survey completed by S&EC staff on February 9, 2021. It should be noted this survey took place outside of the optimal survey window (May through October).Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting Bald Eagles No Eagle Act permit required Preliminary habitat survey completed by S&EC staff on February 9, 2021. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, species not present May affect, not likely to adversely affect Preliminary habitat survey completed by S&EC staff on February 9, 2021. Critical Habitat No critical habitat present No effect Preliminary habitat survey completed by S&EC staff on February 9, 2021. Acknowledgement:I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas.Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA Signature /Title March 16, 2021 Date
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:__________________________
Self-Certification Letter
Project Name______________________________
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
“no Eagle Act permit required” determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
DWR Pre-Fil ing Meeting Req u est Form
Contact Name *
Contact Email Addre ss *
Proje ct Owne r *
Proje ct Name *
Proje ct County *
Owne r Addre ss:*
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low.*
Please give a couple of dates you are available for a meeting.
Deborah Shirley
dshirley@sandec.com
TBM Partners, LLC (Attn: Joe Cebina)
Kennebec Crossing
Wake
City
Raleigh
State / Province / Region
NC
Postal / Zip Code
27609
Country
USA
Street Address
6131 Falls of Neuse Road, Suite 300
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
Stephanie Goss
This project is a proposed mixed use single-family and multi-family
residential development located at 9725 Kennebec Church Road in
Angier, NC. The project is about 28 acres. Existing conditions onsite
consists primarily of wooded and agricultural land with a house
adjacent to Kennebec Church Road. The project will result in the
construction of residential lots, roadway infrastructure, utilities, and
SCMs with possible impacts to wetlands/streams. Kennebec Church
Road bisects the north section of the property from the southern
section.
1/29/2021
Ple ase attach the docume ntation you would like to hav e the me e ting about.
Signature *
Submittal Date
2/1/2021
2/2/2021
2/3/2021
2/4/2021
Kennebec Crossing C3.0 Site Plan.pdf 801.51KB
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.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I 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.
1/28/2021