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HomeMy WebLinkAbout20200683 Ver 2_ePCN Application_20210616DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20200683 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: SPC Mechanical, Wendell Headquarters la. Who is the Primary Contact?* Chris Williford, F.D.A. FAT, LLC 1b. Primary Contact Email:* chris.Wiliford@spcmechanical.com Date Submitted 6/16/2021 Nearest Body of Water Buffalo Creek Basin Neuse Water Classification Class B-NSW Site Coordinates Latitude: Longitude: 35.7994-78.4040 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 2 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (252)205-4099 Is this a courtesy copy notification?* r Yes r No ID# DWR # 20-0683 Pre -fling Meeting or Request Date 5/17/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document ePCN 30-day Pre-Application.pdf File type rust be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* IT Yes r No Please provide the date of the previous submission.* 5/22/2020 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r 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: Version 2 196.39KB r 401 Water Quality Certification - Express P Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes IT No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes IT No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: F.D.A. FAT, LLC 2b. Deed book and page no.: Deed Book 017647 Page 01031 * r Yes r No r Yes r No 2c. Contact Person: Chris Williford 2d.Address Street Address P.O. Box 3006 Address Line 2 aty, State / Rovince / Region Wilson NC Postal / Zip Code Country 27893 us 2e. Telephone Number: 2f. Fax Number: (252)205-4099 2g. Email Address:* chris.Wliiford@spcmechanical.com 4. Agent/Consultant (if applicable) 4a. Name: Gerald Pottern 4b. Business Name: Mogensen Mitigation Inc 4c.Address Street Address 104 East Chestnut Ave Address Line 2 city State / Rwince / Flagion Wake Forest NC Postal / Zip Code Country 27587 us 4d. Telephone Number: 4e. Fax Number: (919)556-8845 4f. Email Address:* gerald@mogmit.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: ff appropnate) 1c. Nearest municipality/ town: Wendell 2. Project Identification 2a. Property Identification Number: 2b. Property size: 177 466 5953 20 2c. Project Address Street Address 1500 Wendell Blvd Address Line 2 City State / Frmnce / Region Wendell NC Fbstal / Zip Code Country 27591 us 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Buffalo Creek 3b. Water Resources Classification of nearest receiving water:* Class B-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. 03020201-1502 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 upland portion (eastern half) of the 20-acre site was clearcut in May 2020. The pond shown on the north -central area of the site on the USGS and Soil maps was drained several years previously, and the former pond area and outflow channel to the west are dry, and are not jurisdictional features. The Buffalo Creek floodplain occupies the western half of the site, including all wetlands on the property, and is forested except for the 40-ft wide corridors beneath the powerlines alongside Old Battle Bridge Rd to the south and Wendell Blvd to the north. Adjacent land uses include swamp forest to the west and south, a church and one residence to the east, and a church and a commercial storage unit to the north. PCN Version-1 was approved in July 2020 (DWR # 20-0683; SAW-2019-01404), and the proposed buildings, paved areas and utilities on the upland portion of the property were constructed during 2020 to early 2021. In April 2021 the contractor attempted to install the sewer line across Buffalo Creek at the southwest corner of the project site, but was hampered by the deep soft mud and cypress logs and stumps, which made it difficult to devrater the stream segment for sewer installation. The project has been "on hold" since early April pending approval of a new plan for dewatering with temporary cofferdams which requires a 90-ft wide stream impact rather than the 30-ft wide impact approved in 2020. 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 If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR # 20-0683; SAW-2019-01404 4f. List the total estimated acreage of all existing wetlands on the property: 8.6 acres 4g. List the total estimated linear feet of all existing streams on the property: 1900 It (Buffalo Creek) 4h. Explain the purpose of the proposed project:* Commercial and light industrial development (HVAC system fabrication and office space); seven buildings around a central parking area. The proposed impacts to wetlands, streams, and buffers are required for tie-in with the sewer manhole which is located 120 ft southwest of the southern property corner. The purpose of this version-2 modified PCN is to provide a wider working space to install temporary cofferdams to dewater the sewer construction area in the creek. During the previous attempt in April, the cofferdams did not make an adequate seal on the creek bed due to cypress stumps and logs, and the dewatering pumps could not keep up with seepage. This version requests additional temporary impacts including excavation of woody debris to achieve an effective water seal. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The site plan includes a tyro -story 41,600 sq.ft. SPC Headquarters building, five one-story 6,000 sq.ft. commercial buildings, and one-story 10,000 sq.ft. bank building at the corner of Wendell Blvd and Old Battle Bridge Rd. All buildings face a central parking area, with driveway access from both Wendell Blvd and Old Battle Bridge Rd. Two stormwater ponds capture and treat runoff from the developed areas, and discharge via riprap dissipators just upslope of wetlands and riparian buffers. A gravity sewer line serving all buildings extends southwest and will connect to an existing interceptor sewer at a manhole on the west side of Buffalo Creek, northwest of Old Battle Bridge Rd. The buildings, pavement, and upper sections of the sewer were built between July 2020 and April 2021. The southwestern sewer segment across Buffalo Creek and its adjacent wetlands and buffers is the only component not yet built. This crossing vdll be installed by open -trench construction using excavators, temporary cofferdams, dewatering pumps, and pipe -laying machinery. Construction sequence: 1. Clear the stream crossing area and remove 12" of woody debris buildup on stream bed as needed to attain proper seal with inflatable cofferdams. 2. Install upstream pump and flexible hose. 3. Place upstream inflatable cofferdam and begin pump -around operation per manufacturer's recommendations. 4. Anchor ends of cofferdam with impervious dike (sheet pile). 5. Place downstream inflatable cofferdam and pumping apparatus for entrapped area. 6. Dewater entrapped area through silt bag. 7. Install sanitary sewer pipe in accordance with the plans. 8. Excavate accumulated silt and dewater entrapped area before removal of cofferdams. 9. Remove cofferdams, pumps, and flexible hoses. 10. Backfill and compact disturbed areas utilizing in situ soil. 11. Stabilize disturbed areas with native groundcover. Excavated material will be stockpiled in an upland area on the site. The stream bed will be restored to natural contours when the inflatable cofferdams are removed. Stream banks, wetlands, and buffers will be replanted with appropriate native trees and shrubs in the existing forested areas, and with appropriate native groundcover in the existing mowed utility right- of-way. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes Comments: r No 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-2019-01404 5c. If 5a is yes, who delineated the jurisdictional areas? O Unknown Name (if known): Gerald Pottern Agency/Consultant Company: Mogensen Mitigation Inc Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Field verified by Sam Dailey (ACE) and Chang Zhang (DWR) on 30 Aug 2019. Copies of the revised PJD Map, USACE confirmation email, and NCDWR confirmation letter are attached. The wetland GB on the west bank of Buffalo Creek was not field -verified at that time, as vm did not yet know the location of the sewer tie-in point. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts P Buffers 2a1 Reason (?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested * 2C Type of Jurisdicition*(?) 2g. Impact area* W-1-P sewer+manhole P Bottomland Hardwood Forest GA Yes Both 0.076 (acres) W-2-T sewer+cofferdam T fforniand Hardwood Forest GA Yes Both 0.221 (acres) W-2-P manhole P ff-mland Hardwood Forest GA �N. Both 0.001 (acres) W-3-T sewer+oofferdam T ffmiand Hardwood Forest GB Yes Both 0.063 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.284 0.077 2g. Total Wetland Impact 0.361 21. Comments: Disturbed wetlands will restored to pre -construction contours. Wetland areas within the existing mowed utility right-of-way will be reseeded with vegetation suitable for wet areas. Forested wetland areas will be planted with appropriate native trees at approbmately 10 ft spacing. 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * �[3f. Type of 3gSwidth * 3h. ImpactM urisdiction* length* Sf S-1 Tem orar Excavation Buffalo Creek Perennial Both 66 94 p y Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 0 94 3i. Total stream and ditch impacts: 94 3j. Comments: Excavate woody debris in the stream bed as needed to seat the temporary cofferdams snug enough that the dewatering pumps can keep up with seepage. The stream bed will be restored to natural contours when the cofferdams are removed, and stream banks will be replanted with appropriate native trees, shrubs, and livestakes. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. 17 Neuse r Tar -Pamlico r Catawba r Randleman r" Goose Creek r- Jordan Lake [ Other I6b. Impact Type II6c. Per or Temp I16d. Stream name 116e. Buffer mitigation required? I6f. Zone t impact II6g. Zone 2 impact B-1 IT IB.ffalo Creek 11N. 110 11306 B-2 T Buffalo Creek No 4,013 2,275 B-3 IT -Buffalo Creek No 2,850 1,830 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 6,863.00 4,411.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 6,863.00 4,411.00 6i. Comments: Disturbed buffer areas within the existing mowed utility right-of-way will be reseeded with vegetation suitable for wet areas. Disturbed forested buffer areas will be planted with appropriate native trees at approximately 10 ft spacing. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: All buildings, parking areas, and stormwater ponds are designed to avoid streams, wetlands, and riparian buffers. The sewer is the only project component that will affect waters and buffers. As the tie-in manhole is across Buffalo Creek, impacts are unavoidable. The existing mowed corridor under the powerline is used to the extent practicable, to minimize wetland forest clearing. Approximately 150 feet of the proposed sewer line crosses a forested wetland (beyond the Neuse buffer); in this area a 30-ft corridor will be cleared and kept mowed thereafter. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All phases of project construction will meet NC erosion and sedimentation control plan requirements. Use of the existing roadside powerline easement along Old Battle Bridge Rd for sewer construction access will help minimize the need for forest clearing. However, as the previous 30-ft wide construction corridor (PCN version-1) did not allow adequate working space to achieve a good seal for dewatering the work area in this swamp stream, this PCN version-2 plan construction corridor will extend approximately 50 feet into the forested wetlands and buffers beyond the powerline easement. Impacts in this expanded construction area will be temporary, and the stream, wetlands, and buffers restored. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent impacts to wetlands are below the mitigation threshold. Stream and buffer impacts are temporary. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) W Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs r Phase II W NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Town of Wendell, Wake County Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (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)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project is not expected to induce additional development nearby. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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. Wastewater from the new development Will be collected via the Buffalo Creek interceptor and conveyed to the City of Raleigh Neuse River WRF, with 75 MGD treatment capacity. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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.? r 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 report 30 Mar 2020) lists eight protected/proposed species that could potentially occur in or near the project area, based on their reported occurrence in Wake County and/or Little River watershed. Two are terrestrial species: the Red -cockaded Woodpecker and Michawes Sumac. There does not appear to be suitable habitat for Red -cockaded Woodpecker, which needs extensive acreage of mature pine forest, and has not been reported in Wake County in over 30 years. There are several current locations for Michauxts Sumac in eastern Wake County; the nearest is about 4 miles from the project site. The slope above wetland GA on the project site appears marginally suitable for this species. MMI biologist Gerald Pottern searched along this slope in July 2019 while delineating wetland boundaries, and found no evidence of Michaux's Sumac. The remaining six federally protected/proposed species are aquatic animals: Neuse River Waterdog (salamander), Carolina Madtom (catfish), Atlantic Pigtoe (mussel), Dwarf Wedgemussel, Tar River Spinymussel, and Yellow Lance (mussel). The Neuse River Waterdog is known only from the lowermost two miles of Buffalo Creek in Johnston County, more that 20 miles downstream of the project site. The other five species are known to occur in Little River but have never been reported in Buffalo Creek. The segment of Buffalo Creek along the west edge of the project site has a flat gradient, mud bottom, and slow flow, it does not appear suitable for any of these species. Kathy Matthews of the FWS Raleigh office agreed with our opinion by email on 07 Apr 2021, and did not recommend a field survey for these species. The NC-NHP database lists two state -listed (NC Special Concern) species in the project vicinity: The Four -toed Salamander occurs in wetland seeps along the edges of the Buffalo Creek floodplain, and the Least Brook Lamprey occurs in Buffalo Creek near the project site. Neither is federally protected. As stream and wetland impacts from the sewer installation will be minimal and temporary, the project is not likely to adversely affect these populations, in our opinion. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA-NMFS Essential Fish Habitat -- EFH Mapper Tool 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* According to the NC-SHPO historic resources mapping tool, the adjacent parcel west of Buffalo Creek is the Hood -Anderson Farm (site WA2021), listed on the National Register of Historic Places. The proposed sewerline will tie-in to an existing manhole on this property alongside Old Battle Bridge Rd within an existing utility right-of-way. The historic buildings on the Hood -Anderson Farm (1839) are more than 1800 feet from the proposed impact area and are not within view of the SPC site. Across Wendell Blvd 300 feet northeast of the SPC site is Edgemont Store (site WA2022), a 1930- vintage general store on NC-SHPO's study list (not currently NRHP-listed). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain? * r Yes r No 8b. If yes, explain how project meets FEMA requirements: The sewerline wall be buried below grade and pre -construction contours restored within the floodplain, except at four proposed manholes. The remainder of the project development is above the FEMA floodplain (279.4 feet). 8c. What source(s) did you use to make the floodplain determination?* NC Flood Mapping Program, FEMA-FRIS panel # 3720177400-J. Floodplain map attached. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. dick Ibe upload button or drag and drop files here to attach document Wendell PCN-2 Binder1.pdf File nust be FI F a Kv2 Comments 5.45MB Signature u 17 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: Gerald Pottern Signature sAuc— Date 6/16/2021 Submission Completed https:Hedocs.deq.nc.gov/Fonns/Fonn/showfonnsubmission/c lb69812-a... DWR Pre -Filing Meeting Request Form NORTH CAROLINA Environmental Quoliry Contact Name* Gerald Pottern Contact Email Address* gerald@mogmit.com Project Owner* SPC Mechanical, Chris Williford (F.D.A. EAT, LLC) Project Name* SPC Headquarters, 1500 Wendell Blvd, Wendell NC Project County* Wake Owner Address: * Street Address P.O. Box 3006 Address Line 2 City State / Province / Region Wilson NC Postal / Zip Code Country 27893 US Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?* Yes No Please list all existing project ID's associated with this projects.* DWR # 20-0683 USACE # SAW-2019-01404 Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss, Rick Trone Please give a brief project description below and include location information. 1 of 2 5/17/2021, 11:14 AM Submission Completed https:Hedocs.deq.nc.gov/Fonns/Fonn/showfonnsubmission/c 1b69812-a... The requested permit modification is for a pair of temporary inflatable cofferdams across Buffalo Creek needed to dewater a 50-foot stream reach for sewer crossing installation. The first version (permitted in July 2020) proposed a 30-ft wide disturbance corridor across the creek, immediately upstream of Old Battle Bridge Rd. The contractor attempted to install the sewer last month, but the deep soft sediment in Buffalo Creek and cypress stump and roots made this impossible to dewater the installation area with only a 30-ft wide construction corridor. This modification requests widening the disturbance corridor to 90 feet to accommodate installation of cofferdams and pumps. The temporary impacts to the stream, wetlands, and buffers are increased, but permanent impacts are unchanged from the previous version. 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. Signature* Submittal Date 5/17/2021 2 of 2 5/17/2021, 11:14 AM www.MogMit.com MOGENSEN MITIGATION INC. MMI - Charlotte (704) 576-1111 ENVIRONMENTAL CONSULTING hm MMI - Raleigh (919)556-8845 MOGENSEN MITIGATION, INC 16 June 2021 NC Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 attn: Stephanie Goss Subject: PCN Version-2 for SPC Headquarters, 1500 Wendell Blvd, Wake County NC. DWR #20-0683. Dear Ms. Goss, On July 7, 2020 your office approved a 401 General Certification for SPC Headquarters, a commercial HVAC manufacturing facility at 1500 Wendell Blvd in Wendell, Wake County (DWR #20-0683; ACE #SAW-2019- 01404). PCN Version-1 authorized a 30-ft wide temporary construction corridor across Buffalo Creek for installing a gravity sewer to serve the property. However, due to the deep soft mud and density of cypress roots and stumps in this swampy creek, the contractor was unable to dewater the area needed for pipe installation, and sewer construction was halted in April 2021 while the contractor and engineer developed a new plan. This revised PCN (Version-2) proposes to widen the temporary disturbance corridor across the creek to 90 feet to accommodate minor excavation and woody debris removal, and to install a pair of inflatable cofferdams across the channel to facilitate dewatering. Only the temporary impacts are increased; the permanent impacts remain the same and are minimal (< 0.10 acre). The additional forested wetlands and buffers to be cleared for sewer installation will be replanted with appropriate native trees and shrubs. A comparison of Version-1 and Version-2 impacts to the stream, wetlands, and Neuse buffers is provided below: Comparison of Impacts -- version 1 (May 2020) vs version 2 (June 2021) Impact Site Impact Type Feature Type Version 1 Impact Area Version 2 Impact Area W-1-P Perm Wetland, bottomland 0.076 ac 0.076 ac W-2-T Temp Wetland, bottomland 0.141 ac 0.221 ac W-2-P Perm Wetland, bottomland 0.0006 ac 0.0006 ac W-3 Temp Wetland, bottomland 0.028 ac 0.063 ac S-1 I Temp I Stream Buffalo Cr 30 lin ft, 1560 sq.ft 94 lin ft, 6200 sq.ft B-1 Temp Neuse buffer Z1 = 0, Z2 = 306 Z1 = 0, Z2 = 306 B-2 Temp Neuse buffer Z1 = 1187, Z2 = 1145 Z1 = 4013, Z2 = 2275 B-3 Temp Neuse buffer Z1 = 1560, Z2 = 1178 Z1 = 2850, Z2 = 1830 Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking MOGENSEN MITIGATION INC. Agent Authorization Form PCN Section C.. Project Information & History USGS Topo Map USDA Soil Map FEMA Flood Hazard Map NWI Wetland Map PJD Water Features Map PJD ACE Confirm Letter DWR-Buffer Confirm Letter PCN Sections D-F. Impacts, Mitigation, Stormwater Site Plan Overall Sewer profile + SCM dissipator Impact Figs Waters +Buffers Stormwater analysis PCN Section G. Supplementary Information SHPO Historic Map FWS Species List FWS email concurrence ACE permit-1 July 2020 DWR permit-1 July 2020 Sincerely, Gerald Pottern Mogensen Mitigation Inc MMI Environmental Consultants 104 East Chestnut Avenue Wake Forest, NC 27587 Office / Home: 919-556-8845 Mobile / Text: 919-649-6506 Gerald(cDMogMit.com cc: Patrick Barbeau, Timmons Group Chris Williford, SPC Mechanical & FDA Eats NMwww.Mogmit.com Page 12 MOGENSEN MITIGATION, INC AGENT AUTHORIZATION FORM for Section 404-401 Permitting PROPERTY LEGAL DESCRIPTION: 1500 Wendell Blvd, Wendell NC LOT NO. . PLAN NO. PARCEL ID: Wake Co: 1774665953 j 20.0 acres) STREET ADDRESS: 1500 Wendell Blvd Wendell NC Please print: Property Owner 1: F.D.A. EAT LLC Properly Owner 2: The undersigned, registered property owners of the above noted property, do hereby authorize Gerald Pottern _ of Mo ensen Miti� ation Inc (MMI-RJGA ) (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): F.D.A. EAT, LLC PO Box 3006 Wilson NC 27893 Telephone: 252-205-4099 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. _S. Christopher Williford Print Name 1 Authorized Signature 1 Date: 3/30/20 _ _ Chris.williford@spcmechanical.com Print Name 2 Authorized Signature 2 Date: PCN Section C. Proiect Information & History �r fi 4L_a • 3� LI US ~11 r tAr� e h*1w Tral It! _ r Park • fr • sit � J r Jc I ,N.see + - Eagle LID C Project Vicinity Map: USGS Topographic Quadrangle, Knightdale NC. Grid lines = 1.0 km = 3281 feet. 1500 Wendell Blvd site = red dashed border; Wake County PIN# 1774665953. 1 ApD wo -�- U5-64-Busy ApC2 f u f DLIC i, VDuC q = C Ap D t f AP B-, ref f . 500 feet D u C'• -- 1- A pC USDA Soil Survey of Wake County, 1970, Sheet 52. 1500 Wendell Blvd = red dashed border. f P� wended I-..: 400 feet \ l� Wake County Naps -- Soil Layer from 1970 Soil Survey L�l:,rl.r Cn = Colfax sandy loam Me = Mantachie soils I ApB, C, D = Appling sandy loam source: Wake County iMaps Ljyea � J �- I Wendell Blvd I1S{,4.gU5 1 — , 1 ISM Wendell BHd I. PIN Y 1774665953 Ar � I 19.9 a ores CAA � RgC �♦ :, aC i r � � 1 ♦ rr r � r / � r err VaC YaB Old Tarboro Rd HeB ` — VaB `} O 306 WO feet tt s'I Town of Cary, Johnston County, Sta USDA Web Soil Survey, Current Soil Map. Ch = Chewacla & Wehadkee; RgC = Rawlings -Rion complex. Legend Flood H aza rd Areas Zone VE Zones A, A94, V Zones AE, AH, AD, AE: 1%Annual Chance Flood Hazard Contained In Structure,1% Annual Chance Flood Hazard Conditions Zone AE: Floodway, 1%Ann ual Chance Flood Hazard �j Conditions: Floodway, 1% Future COrld it! ons Contained In Channel: Floodway Zone AE: CommuniLy Encroachment Area, 1%Annual Chance Flood Hazard Conditions: Community Encroachment Area 02%Annual Chance Flood Hazard Contained In Channel, 0.2%Annual Chance Flood Hazard 3�. ....Wendell Bl,d US-64-Bus FEMA FRIS Panel 9 3720177ZOGJ Effective pate: May 2006,.'Wake Co. � ®a� FEMA Flood Risk Information System, Wake County Panel # 3720177400J, May 2006. r i ; /• HeB i i / i Wendell,BIA US-64-BUS -=na f� /.01/ RgC Rgc National Wetland Inventory Map - (Wendell Quad) from NC-NHP 0 300 600feet v i �F--1 �4:ii;rL7r�, f �&fL�Li.,,;. �, Town of Cary, Johnston Cou M�, Stale of North National Wetland Inventory Map, from NC-NHP Data Explorer w i"42 i" .1 p4 -1• . !r . m d r; .0 m m = m ar o c a a N L Q7 • ■ a w O z ■ U z bA � C O C6 N v bA ;� N N L > U C N c6 `� w ,--j U O Q N N bA D Q N _ � C E _0 m Q) N _0 L D +' u bA +J O C N E N tY N i bA a -0 � L CO m Q) :t O sue. N c6 t! i 4- 00 N � � N o v o > 4- Q) L L O C co I_- co +J �. Q) O I_- Q) +' v CO CO C E c6 v v M o � v m v L O U O N D D m T 0 C � c6 E Ln N d From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Wednesday, September 18, 2019 11:26 AM To: Gerald Pottern Cc: Zhang, Cheng Subject: RE: SPC Headquarters, Wendell Blvd + Zebulon Good morning Gerald, The Corps concurs with your revised maps for: 1) SAW-2019-01404 / 1500 Wendell Boulevard 2) SAW-2019-01775 / SPC Zebulon Thank you, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.j.dailey@usace.army.miI -----Original Message ----- From: Gerald Pottern[mailto:gpottern@rogacarolina.com] Sent: Monday, September 09, 2019 8:04 AM To: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Cc: Zhang, Cheng <cheng.zhang@ncdenr.gov> Subject: [Non-DoD Source] Re: SPC Headquarters, Wendell Blvd + Zebulon Hi Sam and Cheng -- Attached are the revised PJD maps for the Wendell and Zebulon sites that we visited on Aug 30. Thanks again for making time for the second site visit. 1) Wendell: tributary removed 2) Zebulon: tributary removed, wetland ZA kept, Flags ZB-19 and ZB-20 moved upslope 15 feet (on either side of the trib conflu). Gerald Pottern ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Wallace Paul White BW&G LLC PO Box 980 Wendell, NC 27591-0980 NORTH C.AROLINA .Environmental Quality September 6, 2019 Subject: Surface Water Determination Letter NBRRO#19-243 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) Ephemeral/intermittent/Perennial Determination . El Jordan (15A NCAC 2B 0267) El Isolated Wetland Determination Project Name: SPC Headquarters, Wendell Blvd Location/Directions: The projected area is at 1500 Wendell Blvd, in Wendell, Wake County Subject Stream: UTs to Buffalo Creek Determination Date: 8/30/2019 Staff: Cheng Zhang Stream EILT* Not Subject to Buffers Subject to Buffers Startle Stop@ Soil Survey USGS To o A P X X X B E X X Pond ** X X X *E/IIP = Ephemeral/Intermittent/Perennial ** Pond was drained more than ten years ago Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). North Carolina Department of Erivirortmintll Qualily Division of Water Res urces Raleigh Regional Office 1 :3800 Nrreli Drive I Raleigh. North Carolina'27609 419,7141.4200 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing If sending via US Postal Service c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal v ithin sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Cheng Zhang at (919) 791-4259 Sincerely, Rick olich, L.G. Assistant Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Ab- es r •� e N� Trail Park • r, Ali Try�[�- �� �•�. s � - r° �ct� � r j 00 �1 ,� • � ` `fa agle man *. Project Vicinity Map. USGS Topographic Quadrangle, Knightdale NC. Grid lines = 1.0 km = 3281 feet. 150Q Wendell Blvd site = red dashed border; Wake County PIN# 1774665953. j V� M.tc4 L* 500 feet USDA Soil Survey of Wake County, 1970, Sheet 52. 1500 Wendell Blvd = red dashed border. in Cn = Colfax sandy loam Me = Mantachie soils Of 1 ApS, C, D = Appling sandy loam 400 feet source: Wake County siMaps Wake County Naps -- Soil Layer from 1970 Soil Survey PCN Sections D-F. 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S'EEL EaCA.rE1+ENT 144 W OF lrv. - T "% I R h ~ A A ~ 0 e0 ID-E0 TO-50 PIIOr EE SCALE �1�pp 11-w 12W0 1.+M' 11-w 12-W 14KO 'G•.'d STREAM BUFFER IMPACT 1 - PROFILE VLEW G15 r I� �4 11 _� Close-up of stormwater pond embankment and rip rap dissipator adjacent to wetland GA ALL CONSTRUCTJON TO BE IN ACCORDANCE WITH TOWN OF WENDELL. WAKE COUNTY, CORPUD. NCDEQ. AND NCDOT STANDARDS. SPECIFICATIONS, AND DETAILS FUlm t S-00 15-40 216 No 11A 30 CL 7r Q Z8 0 G I I I I I i I I I O - z EDGE ❑tl STANDING WATER ° EDGE OF WETLAN - - - n _ �❑ 100-YEAR ° - r FLC?[7DPLAIN PER ❑ FEMA (SEE NOTE #6] � �I 11 ° TOP OF BANK 30' RIPARIAN BUFFER ZONE 1 -_-_ °L 20' RIPARIAN BUFFER ZONE 2 - - PROP. NEW 30' tRIAN BUFFER ZONE 1 PERPENDICULAR IMPACT CITY OF RALEIGH TEMPORARY ACCESS FOR PIPE CONSTRUCTION SANITARY SEWER _ + EASEMENTIt PCN Version-1 STREAM IMPACT Limits of Disturbance ' WETLANDS IMPACT 'EMPORARY ACCESS FOR PIPE UPSTREAM CONSTRUCTION -. COFFERDAM 11285E ;V NEUSE RIPARIAN BUFFER ZONE PCN Version-2 Expanded TEMPORARY ACCESS FOR PIPE COI Limits of Disturbance ; 7. r ` EX SS MANHOLE- RIM: 278-66 • IN',IN- 262,56' 262-46 F "�_ y' ; 20 NEUSE RIPARIAN BUFFER ZONE 2 PERPENDICULAR IMPAC TEMPORARY ACCESS FOR PIPE CONSTRUCTION TEMPORARY } • r CONSTRUCTION EASEMENT BYPASS PUMP PCN Version-2 Expanded STAGING AREA 'r. ' Limits of Disturbance J lb'ai `5 DOWN REAM COFFERDAM 30' NEUSE RIPARIAN BUFFER ZONE 1 PERPENDICULAR IMPACT d$�� / TEMPORARY ACCESS FOR PIPE CONSTRUCTION SPC Mechanical Headquarters, 1500 Wendell Blvd, Wendell NC -- Limits of Disturbance for sewer installation on the southwest portion of the project site. Comparison of existing permit (Version 1, in brown, approved in July 2020) with modified Version 2 (in pink) with temporary cofferdams needed for dewatering the stream during construction. EDGE v `. STANDING WATER - - OF Wetland Impact W-1 Perm, No Loss (forest a mowed) = 0.075 ac - Perm Loss (manhole) = 0.0006 ac 100-YEAR i F LOODPLAIN PER FEMA (SEE NOTE #61 TOP OF BANK ` t I 30' RIPARIAN BUFFER ZONE 1 ' 20' RIPARIAN BUFFER ZONE 2 ` �` i AREA ti PROP. NEW 30' 3ARIAN BUFFER ZONE i PERPENDICULAR IMPACT CITY OF RALEIGH _ In- TEMPORARY ACCESS FOR PIPE CONSTRUCTION SANITARY SEWER 4,013 SF EASEMENT � ", -' ,` ► + �I STREAM IMPACT Wetland Edge i i "o+++►,++ *�� 2Y STREAM CROSSING 75 LF 1 5526 SF WETLANDS IMPACT TEMPORARY ACCESS FOR PIPE Stream Impact S-1 ao UPSTREAM CONSTRUCTION Temporary 0 COFFERDAM1128 SF Length = 94 it 0 NOW OR FORMERLY Area = 6230 spit A. V. ANDERSON, JR_ A JOHN H. ANDERSON 20' NEUSE RIPARIAN BUFFER ZONE 1124 - TEMPORARY ACCESS FOR PIPE CC 306 SF Wetland Impact W-3 Temporary = 0.063 ac ', Wetland Impact W-2 Temporary = 0.221 ac Perm Loss {manhole} = 0.0006 ac Wetland Edge BUFFER ZONE 2 PERPENDICULAR IMPAt TEMPORARY _ PORARY ACCESS FOR PIPE CONSTRUCTION CONSTRUCTIDN y �i� 2'275 SIF 0 50 100 EASEMENT feet BYPASS PUMP D�a STAGING AREA DOWNSTREAM COFFERDAM ° Tie -In to f 30' NEUSE RIPARIAN BUFFER ZONE 1 PERPENDICULAR IMPACT Existing TEMPORARY ACCESS FOR PIPE CONSTRUCTION - 2,209 SF Manhole ,� f SPC Mechanical Headquarters, 1500 Wendell Blvd, Wendell NC -- PCN Version 2 - April 2021 Revised stream and wetland impacts to accommodate temporary cofferdams for sewer installation. Wetland Edge o _ - ^ o EDGE •• ° STANDING WATER v ° EDGE OF WETLAN — ti L 100-YEAR — t FLOODPtAIN PER FEMA {SEE NOTE W -- — r i TOP OF BANK 30• RIPARIAN BUFFER ZONE 1 i r ° 20' RIPARIAN BUFFER ZONE 2 f r 1 r 1 PROP- NEW 30' 'ARIAN BUFFER ZONE 1 PERPENDICULAR IMPACT CITY OF RALEIGH TEMPORARY ACCESS FOR PIPE CONSTRUCTION SANITARY SEWER 4.013 SF EASEMENT" STREAM IMPACT Wetland Edge I i �I'io+it WETLANDS IMPACT `� _ _� i' ,a TEMPORARY ACCESS FOR PIPE UPSTREAM T ✓ CONSTRUCTION COFFERDAM NOW OR FORMERLY A. Y. ANQERSON, JR. Q JOfINH.. ANDERSON Buffer Impact B-1 Dig 16023. �r?4 Temp = 306 5F Zone-2 IN+: Buffer Impact B-3 Temp Buffalo:;- " Zone-1 = 2850 SF Creek• � Zone 2 = 1830 SF _ r. r 'buffer Impact B=2 Temp - Zone-1 = 401 AF Zone 2 = 2275 SF Wetland Edge ! �6 20- USE RIPARIAN BUFFER ZONE 2 PERPENDICULAR IMPA( PORARY ACCESS FOR PIPE CONSTRUCTION TEMPORARY��a 2.275 SF - - CONSTRUCTION r `' EASEMENT y � 0 50 100 BYPASS PUMP , q\a feet STAGING AREA DOWNSTREAM STREAM COFFERDAM 100, Tie -In to f' 30' NEUSE RIPARIAN BUFFER ZONE 1 PERPENDICULAR IMPACT TEMPORARY ACCESS FOR PIPE CONSTRUCTION Existing Manhole f SPC Mechanical Headquarters, 1500 Wendell Blvd, Wendell NC -- PCN Version 2 - April 2021 Revised riparian buffer impacts to accommodate temporary cofferdams for sewer installation. SPC MECHANICAL HEADQUARTERS DEVELOPMENT SCOUR ANALYSIS STUDY FOR WET POND EMBANKEMENT BUFFALO CREEK BASIN 9 STREAM 1, WAKE COUNTY OCTOBER 16, 2019 PREPARED FOR: Chris Williford SPC Mechanical LLC 1908 Baldtree Road Wendell NC 27893 PREPARED BY: Timmons Group NC License No. C-1652 5410 Trinity Road, Suite 102 Raleigh, North Carolina 27607 984.255.2354 919.859.5663 fax Becky.ward@timmons.com Calculations By: Abrham Asfaw Checked By: Becky Ward, PE •900&,a* TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. Scour Analysis Study Buffalo Creek Basin 9 Stream 1 Project Number: 4380 Table of Contents 1.0 Introduction............................................................................................................................................. 2 2.0 Background.............................................................................................................................................2 3.0 Scour Analysis........................................................................................................................................ 2 Section 3.1— Determining the Set Back distance............................................................................................2 Section 3.2 — Determining Set Back Ratio (SBR) and Unit discharge............................................................. 3 Section 3.3 — Determining Scour Depth......................................................................................................... 3 4.0 Results and Conclusion.......................................................................................................................... 5 5.0 References............................................................................................................................................. 5 List of Tables Table A Flood Plain Width Comparison Existing and Post Project Condition..................................................... 2 Table B Summarizes the SBR data and unit discharges used in this Scour analysis.........................................3 Table C Abutment Scour Analysis result............................................................................................................ 4 List of Figures Figure 1 Scour amplification factor for spill -through abutments and clear -water conditions (NCH RP 2010b) .....4 Appendices Appendix A Scour Analysis Cross Section and Output Table 1 TIMMONS GROUP YBJh YIi WI. Alk ILYlB TNlWI.M 8UNS. Scour Analysis Study Buffalo Creek Basin 9 Stream 1 Project Number: 4380 1.0 Introduction The SPC Mechanical Headquarter project is located on US 64 Business along the south eastern overbank of Buffalo Creek, at 1500 Wendell Boulevard, Wendell NC. SPC Mechanical is proposing to convert an existing sediment basin to a permanent pond in the south western corner of the property. The proposed pond is partially located in the 100-year floodplain. The purpose of this study is to evaluate scour on the pond embankment subject to flows from Buffalo Creek. The pond encroached into the flood plain reducing the flow area by increasing the velocity and promoting scour problem. The study presented herein estimates the scour depth that will arise due to flood plain constriction of during 100-year event. The scour analysis calculation is included in Appendix A. 2.0 Background The scour analysis is made based on method provided in Hydraulic Engineering Circular No.18. Evaluating scour at bridges. The Wet Pond embankment that encroached in to flood plain will act like a spill through bridge abutment placed on a flood plain. The embankment will reduce the flowing area on the flood plain by constricting flow area and results in increase in velocity and scour. As a result, the method to estimate scour at abutment developed by NCHRP is adopted for scour analysis. There are three scenarios stated in that method and method b, which is designed for scour occurring when abutment is set back from the main channel is adopted for this study 3.0 Scour Analysis Section 3.1— Determining the Set Back distance According to HEC-18 manual, If the projected length of the embankment L is less than 75 percent of the width of the flood plain (Bf,) the scour analysis will be performed as a live bed scour analysis. In this study the projected length of the pond embankment is 6 ft into the flood plain and which is less than the 75 percent of flood plain width and clear water scour equation was adopted. Table A below shows the reduction in flood plain width due to Wet Pond obstruction. Table A Flood Plain Width Comparison Existing and Post Project Condition Cross Section 25140 Existing Flood Plain Width, ft Cross Section 25140 Post Project Flood Plain Width, ft (Setback Distance) Main Channel Bank Station Embankment end Station Main Channel Bank Station Embankment end Station 579.99 868.01 579.99 862.13 Existing Flood Plain width = 288.02 Post Project Flood Plain width (Setback Distance) = 282.14 The standard clear water contraction scour equation was used for this study. The clear water scour condition equation uses unit discharge (q), which can be estimated either by discharge divided by width or by product of velocity and depth. The unit discharge at the constricted section is required to use in the standard equation, the method to estimate unit discharge at bridge constriction section is discussed in following section. 2 ,owes IN a % TIMMONS GROUP 44u. ,—Oh A, PINT I IHolOVGN 5U01%. Scour Analysis Study Buffalo Creek Basin 9 Stream 1 Project Number: 4380 Section 3.2 — Determining Set Back Ratio (SBR) and Unit discharge Although the most recommended procedure for selecting the velocity and unit discharge for abutment scour calculation is to use two-dimensional modeling, when using one dimensional modeling unit discharge and velocity can be estimated as follows using set back ratio of the abutment. SBR is the ratio of the setback length to channel flow depth. The setback length is the distance from near edge of the main channel to the toe of the abutment which can be obtained from table A above. If the SBR is greater than 5 for an abutment as the case of this study the velocity can be computed using, Q/A for the respective overbank flow. Table B Summarizes the SBR data and unit discharges used in this Scour analysis Cross Setback Total Total Velocity, ft/s Flow Unit Unit Sectior Ratio (SBR) Overbank Overbank (V) depth, ft Discharge, Discharge, 25140 Discharge, Flow Area, (Y) ft2/s (qf) ft2/s (q2f) ft3/s (Q) ft2 (A) Existing n/a 1783.27 1857.54 0.96 5.5 5.28 Post 47.98 1807.46 1760.13 1.03 5.93 6.09 Project I -able B is based on the data obtained from Hydraulic model prepared for No -Rise study in HEC-RAS, HEC- RAS output data tables are included in the appendix. The unit discharge; product of Flow depth and velocity was used in the scour analysis equation. Section 3.3 — Determining Scour Depth The maximum flow depth including the clear water scour condition was estimated. The scour amplification factor in the equation was taken from Figure 1 provided below by reading the vertical axis from solid line for ratio of q2f and gfand put into the equation. The particles size 0.2mm was used for D50 as per the recommendation in HEC-18 manual for clear water scour analysis. The value of Yc is obtained and the Ymax (maximum flow depth resulting from the abutment was then obtained by multiplying the amplification factor for clear water scour condition with flow depth including clear water contraction scour. 3 •rr*r"* TIIMMONS GROUP 44uR , i%i &h +{ y,I v i u I N01O V GN 5U01%. Scour Analysis Study Buffalo Creek Basin 9 Stream 1 Protect Number: 4380 F:mhin4,nmn'; 1 h�.aihhfi llJ{ hiiial Y ll�dpl..1n 3_0 k .� Partial 2.0 L decreasing, ti 1. 1.0 1.0 2.0 3.0 4.0 5.0 ll�l Yf IB f j q2 f �qr abutment L constant, I,IR0 Figure 1 Scour amplification factor for spill -through abutments and clear -water conditions (NCHRP 2010b) Table C Abutment Scour Analvsis result Maximum Flow Flow Depth Including Amplification Factor for Ys (Abutment Scour Depth) Depth (Ymax) Scour (Yc) Clear Water Condition as 7.92 4.28 1.85 1.99 The abutment scour depth (Ys ) is obtained by subtracting the flow depth including clear water contraction scour (Yc) from maximum flow depth resulting from abutment scour (YmaX). The result shows that the maximum abutment scour is 1.99ft according to the analysis, which in this case is the scour at the bank of pond. 2 t 11,01000 TIk1h1ONS GROUP YSUh Y15i6k kCNli418 TNA WIGh BUFi. The abutment scour depth (Ys ) is obtained by subtracting the flow depth including clear water contraction scour (Yc) from maximum flow depth resulting from abutment scour (YmaX). The result shows that the maximum abutment scour is 1.99ft according to the analysis, which in this case is the scour at the bank of pond. 2 t 11,01000 TIk1h1ONS GROUP YSUh Y15i6k kCNli418 TNA WIGh BUFi. Scour Analysis Study Buffalo Creek Basin 9 Stream 1 Project Number: 4380 4.0 Results and Conclusion The results of the analysis show that the Pond embankment encroached into the flood plain will experience abutment scour depth of 1.99ft. This requires a riprap protection to overcome the scour problem arising from the flow area constriction. Class B riprap is recommended to be placed on the embankment with thickness of 1 ft and shall extend as riprap key 2ft to the bottom of floodplain. The riprap should also extend 2ft above the 100-year event water surface elevation for free board. The scour analysis is included in Appendix A. The cross sections for the existing conditions and post -project plans as well as the output tables at the scour section are also included in Appendix A. 5.0 References SPC mechanical headquarters development Scour analysis study for wet pond embankment, Buffalo creek basin 9 stream 1, wake county Federal Highway Administration Hydraulic Engineering Circular No. 18, Evaluating Scour at Bridges. National Cooperative Highway Research Program, Riprap Design Criteria, Recommended Specifications, and Quality Control 5 i•*91• 00 TIMMONS GROUP Appendix Scour Analysis Cross Section - Output Table 1 Input Parameter for the Abutment Scour Estimate for SBR>5 (NCHRP-Method) 1 Setback Distance SB = 282.14 ft 2 Depth of Flow D = 5.50 ft 3 SBR (Setback Ratio) SBR = 51.30 3 Flood Plain Discharge at the Approach Cross Section Qab = 1783.27 ft3/s 4 Flood Plain flow at Approach Cross Section Aab = 2 1857.54 ft 5 Overbank Velocity (Figure -Right) Vab = 0.96 ft/s 6 Unit Discharge at Approach Cross Section of = 5.28 ft2/s 7 Flood Plain Discharge at the Constricted Section Qab = 1807.46 ft3/s 8 Flood Plain flow at Constricted Section Aab = 2 1760.13 ft 9 Overbank Velocity Constricted Section Vab = 1.03 ft/s 10 Unit Discharge at Constricted Section q2f = 6.09 ft2/s 11 Ratio of Unit Discharge q2f/qf = 1.15 12 Unit Conversion factor Ku = 11.17 13 Particle size with 50 percent finer D50 = 0.001 ft 2 Calculation of Scour Depth I 3.0 2,i �I 1.5 LO t.0 2.0 3.0 4.0 M Ii(!-Y /B) Rif19f L constant, Par[isl abutment LB—>• 0 L decreasin6, Lf6—a 0 �7 4+} lc —( D50 12 Flow depth including clear -water contraction scour, ft yC _ 13 Amplification Factor for Clear Water Condtion (Figure -left) a 0 = 14 Flow depth prior to scour yo = �Ymax ' (4A Y. or ymax rr 3 Y` 1s = Y_ —YO 15 Maximum flow depth resulting from abutment scour Ymax = 16 Abutement Scour Depth ys = 4.28 ft 1.85 5.93 ft 7.92 ft 1.99 ft �7 4+} lc —( D50 12 Flow depth including clear -water contraction scour, ft yC _ 13 Amplification Factor for Clear Water Condtion (Figure -left) a 0 = 14 Flow depth prior to scour yo = �Ymax ' (4A Y. or ymax rr 3 Y` 1s = Y_ —YO 15 Maximum flow depth resulting from abutment scour Ymax = 16 Abutement Scour Depth ys = 4.28 ft 1.85 5.93 ft 7.92 ft 1.99 ft 4.28 ft 1.85 5.93 ft 7.92 ft 1.99 ft Plan: EC 88 RIVER-1 Reach-1 RS: 25140.0 Profile: PF 1 E.G. Elev (ft) 279.81 Element Left OB Channel Right OB Vel Head (ft) 0.02 Wt. n-Val. 0.085 0.060 0.085 W.S. Elev (ft) 279.79 Reach Len. (ft) 175.00 175.00 175.00 Crit W.S. (ft) Flow Area (sq ft) 2166.77 341.86 1857.54 E.G. Slope (ft/ft) 0.000311 Area (sq ft) 2166.77 341.86 1857.54 Q Total (cfs) 4600.00 Flow (cfs) 2137.23 679.50 1783.27 Top Width (ft) 749.47 Top Width (ft) 378.49 33.20 337.79 Vel Total (ft/s) 1.05 Avg. Vel. (ft/s) 0.99 1.99 0.96 Max Chl Dpth (ft) 13.46 Hydr. Depth (ft) 5.72 10.30 5.50 Conv. Total (cfs) 260805.5 Conv. (cfs) 121174.0 38525.6 101106.0 Length Wtd. (ft) 175.00 Wetted Per. (ft) 378.69 35.22 338.10 Min Ch El (ft) 266.33 Shear (lb/sq ft) 0.11 0.19 0.11 Alpha 1.25 Stream Power (lb/ft s) 0.11 0.37 0.10 Frctn Loss (ft) 0.08 Cum Volume (acre-ft) 812.06 162.67 516.34 C & E Loss (ft) 0.00 Cum SA (acres) 145.67 15.02 116.59 Plan: Prop Con NAVD88 RIVER-1 Reach-1 RS: 25140.0 Profile: PF 1 E.G. Elev (ft) 279.81 Element Left OB Channel Right OB Vel Head (ft) 0.02 Wt. n-Val. 0.085 0.060 0.084 W.S. Elev (ft) 279.79 Reach Len. (ft) 175.00 175.00 175.00 Crit W.S. (ft) Flow Area (sq ft) 2165.22 341.72 1760.13 E.G. Slope (ft/ft) 0.000306 Area (sq ft) 2165.22 341.72 1760.13 Q Total (cfs) 4600.00 Flow (cfs) 2118.65 673.90 1807.46 Top Width (ft) 708.26 Top Width (ft) 378.44 33.20 296.62 Vel Total (ft/s) 1.08 Avg. Vel. (ft/s) 0.98 1.97 1.03 Max Chl Dpth (ft) 13.46 Hydr. Depth (ft) 5.72 10.29 5.93 Conv. Total (cfs) 262799.0 Conv. (cfs) 121038.8 38499.9 103260.4 Length Wtd. (ft) 175.00 Wetted Per. (ft) 378.64 35.22 297.45 Min Ch El (ft) 266.33 Shear (lb/sq ft) 0.11 0.19 0.11 Alpha 1.23 Stream Power (lb/ft s) 0.11 0.37 0.12 Frctn Loss (ft) 0.08 Cum Volume (acre-ft) 812.06 162.67 515.93 C & E Loss (ft) 0.00 Cum SA (acres) 145.67 15.02 116.38 Meeting Memorandum ❑ DESIGN ❑ PHONE ❑ C.A. PROJECT PROJECT NO.. ............................ DATE: 10 T1 S I2a[!� ...................................................... PARTICIPANTS: A 6wwam kfc4� .............................................................. NOTES BY: C-T e C:.0 X� i l -f 0-v CD Vol ✓1 i'-�-G1 v '(� vz�'p -tti;ct.vt E u illo+lMONS GROUP 0 YOUR VISION ACHIEVED THROUGH OURS. E 1001 Boulders Parkway 3 TEL 804.200.6500 Suite 300 FAx 804.560.1016 Richmond, Virginia 23225 Y-I O - WS( r— O CAC S B 14" P PL�,a Le y PCN Section G. Supplementary Information 0 WE Wendell Blvd NC-SHPO Historic Resources Online Mapping Tool https.-/Inc.maps.arcgis.com/apps/webappviewer/index.htmi L n ro � G 3 7c 7 0 — 0� M Ha4K T rt `r 5andpiQ 3 J Fribarrrg Cr � 0 y r_ .m �- SPC ■ site �t V A2017 Farm Co" Alex -_ I 11IU _ ■ Cb Tar6Oro .� • c � , r � n P 0 of WA2018 McG ee H ome �t - h WA2019 Dewey Martin b House WA20121 Hood Anderson zr z Farm 1999 A2020�Jesse La,,,rence n w WA2022 Edgemont Stare Homepl a 1991 a n WA1993 Broad,vell Farm martin St Gutbui ldings WA1994 Eagle Rock Ghrislian Y L.Chhurditock Falconwood ❑r .� tGir o�Zree� a ld � IVA2030 Dr. Perry How r iA- WA2254 Ho tp C*atch Ln r` wheat Dr 00, W 0.2 m i 0saw According to the NC-SHPO historic resources mapping tool, the adjacent parcel west of Buffalo Creek is the Hood - Anderson Farm (site WA2021), listed on the National Register of Historic Places. The proposed sewerline will tie-in to an existing manhole on this property alongside Old Battle Bridge Rd. The historic buildings on the Hood -Anderson Farm (1839) are more than 1800 feet from the proposed impact area and are not within view of the SPC site. Across Wendell Blvd 300 feet northeast of the SPC site is Edgemont Store (site WA2022), a 1930-vintage general store on NC-SHPOs study list (not currently NRHP-listed). 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: 04EN2000-2020-SLI-0964 Event Code: 04EN2000-2020-E-02186 Project Name: SPC Headquarters, Wendell Blvd March 30, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 03/30/2020 Event Code: 04EN2000-2020-E-02186 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 03/30/2020 Event Code: 04EN2000-2020-E-02186 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 03/30/2020 Event Code: 04EN2000-2020-E-02186 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0964 Event Code: 04EN2000-2020-E-02186 Project Name: SPC Headquarters, Wendell Blvd Project Type: DEVELOPMENT Project Description: 1500 Wendell Blvd, Wendell, Wake County -- 20 acre site, commercial development Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.800603029723504N78.40488042921818W Counties: Wake, NC 03/30/2020 Event Code: 04EN2000-2020-E-02186 3 Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Endangered STATUS Proposed Threatened STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 03/30/2020 Event Code: 04EN2000-2020-E-02186 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Tar River Spinymussel Elliptio steinstansana Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1392 Yellow Lance Elliptio lanceolata Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/4511 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Dailey, Samantha J CIV USARMY CESAW (USA) From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Wednesday, June 10, 2020 10:28 AM To: Dailey, Samantha J CIV USARMY CESAW (USA) Cc: Mann, Leigh Subject: [Non-DoD Source] Re: [EXTERNAL] NLEB and consulting on other species (Situation 2), Wake County Attachments: Site Plan Overall. 19.Mar.20-Prelim.pdf; SitePlan Sewer Detail GP-2.pdf; PCN - SPC Mechanical, Wendell Headquarters.pdf; PCN Figures -Impact Areas.pdf; PCN Figures-PJD Map.pdf Dear Sam, The Service concurs with your species determinations for this project. Thank you for the opportunity to consult. Kathy Matthews Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Tuesday, June 9, 2020 2:54 PM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Subject: [EXTERNAL] NLEB and consulting on other species (Situation 2), Wake County Good afternoon Kathy, This email serves as the USACE (1) notification for the NLEB, and (2) consultation request for other species (Situation 2), Action ID No. SAW-2019-01404. 1) Detailed project description (note percussive activities if applicable): The applicant, F.D.A. EAT, LLC, has requested a department of the Army authorization to discharge fill material into waters of the United States in conjunction with the construction of the SPC Mechanical, Wendell Headquarters. Project activity would involve the construction of the SPC Mechanical, Wendell Headquarters and associated infrastructure and attendant features. Implementation of the proposed sewer utility line would result in the permanent discharge of fill material into 0.006 acre of wetland; the temporary discharge of fill material into 0.246 acre of wetland and 30 linear feet of stream channel; and the permanent conversion of 0.075 acre of forested wetland. All other impacts associated with the proposed SPC Mechanical, Wendell Headquarters project would be conducted in uplands, outside of waters of the United States. Upon project completion, all temporarily affected waters of the United States would be restored to their pre -disturbance contours and elevations. 2) Project latitude and longitude in decimal degrees: eastern termini - 35.798971-78.404858 3) Estimate of tree clearing in the USACE action area in either acreage or number of trees cleared: —0.5 acre Coordination and consultation concerning: Northern long-eared bat (NLEB) (Myotis septentrionalis), Red -cockaded woodpecker (Picoides borealis), Neuse River waterdog (Nectrurus lewisi), Carolina madtom (Noturus furiosus), Atlantic pigtoe (Fusconania masoni), Dwarf wedgemussel (Alasmidonta heterodon), Tar River spineymussel (Elliptio steinstansana), Yellow Lance (Elliptio lanceolate), and Michaux's sumac (Rhus michauxii). For the NLEB - this project qualifies for Situation 2 ? the action area is located outside of a red HUC and there will be no blasting. USACE Rationale and Determination: The USACE conducted a GIS review of the project and surrounding areas and also reviewed the most current maps of confirmed/known hibernation and maternity (tree) sites for the NLEB - via SimSuite and Blockedhttp://www.fws.gov/raleigh/NLEB_RFO.html - and has determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. U.S. Fish and Wildlife Service (Service) Concurrence for the NLEB: This notice is being sent to the Service in accordance with the surrogate consultation procedure/SLOPES that was established between the Service's Asheville and Raleigh Ecological Offices and the USACE, Wilmington District, for the NLEB. This project does not require prohibited intentional take of the NLEB and meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. USACE determination for other species and/or critical habitat under consultation -IPAC lists eight federally protected species within the proposed project area, Red -cockaded woodpecker, Michaux's sumac, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, Dwarf wedgemussel, Tar River spineymussel, and Yellow lance. Mogensen Mitigation, Inc. provided the following information in their PCN: USFWS (IPAC report 30 Mar 2020) lists eight protected/proposed species that could potentially occur in or near the project area, based on their reported occurrence in Wake County and/or Little River watershed. Two are terrestrial species: the Red -cockaded Woodpecker and Michaux's Sumac. There does not appear to be suitable habitat for Red - cockaded Woodpecker, which needs extensive acreage of mature pine forest, and has not been reported in Wake County in over 30 years. There are several current locations for Michauxs Sumac in eastern Wake County; the nearest is about 4 miles from the project site. The slope above wetland GA on the project site appears marginally suitable for this species. MMI biologist Gerald Pottern searched along this slope in July 2019 while delineating wetland boundaries, and found no evidence of Michaux's Sumac. The remaining six federally protected/proposed species are aquatic animals: Neuse River Waterdog (salamander), Carolina Madtom (catfish), Atlantic Pigtoe (mussel), Dwarf Wedgemussel, Tar River Spinymussel, and Yellow Lance (mussel). The Neuse River Waterdog is known only from the lowermost two miles of Buffalo Creek in Johnston County, more that 20 miles downstream of the project site. The other five species are known to occur in Little River but have never been reported in Buffalo Creek. The segment of Buffalo Creek along the west edge of the project site has a flat gradient, mud bottom, and slow flow; it does not appear suitable for any of these species. No survey for aquatic protected species was conducted for this project. Based on the information provided by the applicant, there may be suitable habitat for several of the above referenced speices; however, there is no designated critical habitat located within the proposed project area. Further, the proposed impacts are minimal and temporary in nature. As such, the Corps believes the proposed project may affect, but would not likely adversely affect the above referenced species. I have attached the PCN and several design drawings for your reference. Please let me know if you need any additional information. Kind Regards, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.j.dailey@usace.army.mil U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01404 County: WAKE U.S.G.S. Quad: NC-KNIGHTDALE GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: F.D.A EAT, LLC Mr. Chris Williford Address: Post Office Box 3006 Wilson, North Carolina 27893 Authorized Agent: Mogensen Mitigation, Inc. Mr. Gerald Pottern Address: 104 East Chestnut Avenue Wake Forest, North Carolina 27587 Size (acres) 20 acres Nearest Town Wendell Nearest Waterway Buffalo Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.404892 Longitude:-78.404892 Description of project location: The project area is identified as an approximate 20-acre tract, located on Wake County, North Carolina Parcel 1774665953. This parcel is located at 1500 Wendell Boulevard, in Wendell, Wake County, North Carolina. Work in waters of the United States (U.S.) will occur within the Buffalo Creek watershed, an indirect tributary to the Neuse River (8-di0t HUC: 03020201). Description of projects area and activity: The applicant, F.D.A. EAT, LLC, seeking Department of the Army authorization to construct the SPC Mechanical. Wendell Headquarters building and associated infrastructure (i.e. roads. utilitv lines) and attendant features (storm water, etc.). Implementation of the proposed sewer utility line will result in the permanent discharge of fill material into 0.0012 acre of wetland; the temporary discharge of fill material into 0.17 acre of wetland and 30 linear feet of stream channel; and the permanent conversion of 0.075 acre of forested wetland. All other impacts associated with the proposed SPC Mechanical, Wendell Headquarters proiect will be conducted in uplands, outside of waters of the U.S. Upon proiect completion, all temporarily affected waters of the U.S. will be restored to their pre -disturbance contours and elevations. Compensatory mitigation is not required in coniunction with the aforementioned activities. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 (Minor Discharges) SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 5/22/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Daileynusace.army.mH. DAILEY.SAMANT DAILEY.SAMANTHA.J.13875 67948 HA.J.1 3875679482020.07.2413:30:21-04'00' Corps Regulatory Official: Date: July 24, 2020 Expiration Date of Verification: March 18, 2022 Action ID Number: SAW-2019-01404 County: WAKE Permittee: F.D.A. EAT, LLC (Attn: Mr. Chris Williford) Project Name: SPC Mechanical, Wendell Headquarters Date Verification Issued: July 24, 2020 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director F.D.A. EAT, LLC Attn: Chris Williford P.O. Box 3006 Wilson, NC 27893 NORTH CAROLINA Environmental Quality July 7, 2020 DWR #20-0683 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS SPC Mechanical, Wendell Headquarters Dear Mr. Williford: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on May 22, 2020 with payment received on May 26, 2020. These impacts are covered by the attached Water Quality General Certification Number 4139 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B 0233(8)] D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 N11H fH (:A�i(1!.INA � 0­O'torenwm­talQ"I 919,791,4200 SPC Mechanical, Wendell Headquarters DWR #20-0683 401 AND BUFFER APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland W1: Sewer w/manhole 0.076 (acres) 0 (acres) W2: Sewer Install 0 (acres) 0.141 (acres) W3: Manhole 0.001 (acres) 0 (acres) W4: Sewer Install 0 (acres) 0.028 (acres) Stream S1: Sewer Install 0 (linear feet) 30 (linear feet) Buffers — Zone 1 132: Sewer Installation 0 (square feet) 1,187 (square feet) 133: Sewer Installation 0 (square feet) 1,560 (square feet) Buffers — Zone 2 131: Sewer Installation 0 (square feet) 306 (square feet) 132: Sewer Installation 0 (square feet) 1,145 (square feet) 133: Sewer Installation 0 (square feet) 1,178 (square feet) 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Town of Wendell and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Town of Wendell. [15A NCAC 02H .0506(b)(3)] 3. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure SPC Mechanical, Wendell Headquarters DWR #20-0683 401 AND BUFFER APPROVAL Page 3 of 4 compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 SPC Mechanical, Wendell Headquarters DWR #20-0683 401 AND BUFFER APPROVAL Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Page 4 of 4 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Sc �t t-/inzs.n, BCDA9D825D4A46D_ Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4139 cc: Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) Gerald Pottern, Mogensen Mitigation Inc. (gerald@mogmit.coml) DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit via Laserfiche