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HomeMy WebLinkAbout20211728 Ver 1_ePCN Application_20211123fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20211728 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Colleen Cohn:eads\cmcohn Information for Initial Review 1a. Name of project: Harlowe Point la. Who is the Primary Contact?* Camden Brunick 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* cbrunick@sandec.com (919)846-5900 Date Submitted 11 /23/2021 Nearest Body of Water Little Lick Creek Basin Neuse Water Classification WS-IV:NSW Site Coordinates Latitude: Longitude: 35.968016 -78.829816 A. Processing Information County (or Counties) where the project is located: Durham Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# N/A Pre -fling Meeting or Request Date 6/18/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document File type must be PDF 1a. Type(s) of approval sought from the Corps: 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?" Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Version N/A Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): NWP 58 - Utility Line Activities for Water and Other Substances 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit 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: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: Level Carolina Homes, LLC 2b. Deed book and page no.: DB: 009373 DP: 000011, DB: 009373 DP: 000004, DB: 009474 DP: 000833 & DB: 009402 DP: 000109 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2c. Contact Person: 2d.Address Street Address 402 N. Fourth Street Address Line 2 City Baton Rouge Postal / Zip Code 70802 2e. Telephone Number: (225)266-0694 2g. Email Address:* davidr@levelbr.com 4. Agent/Consultant (if applicable) 4a. Name: Camden Brunick 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* cbrunick@sandec.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Durham 2. Project Identification 2a. Property Identification Number: 0850-07-51-0550, 0840-96-77-9629, 0840-96- 284483,0840-97-61-2571,0840-97-10-9557 & 0840-97-11-6652 2c. Project Address Street Address 3712 Holder Road Address Line 2 City Durham Postal / Zip Code 27703 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Little Lick Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV;NSW State / Province / Region Louisiana Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 2b. Property size: +/- 52.82 State / Province / Region NC Country USA 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010504 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:" Onsite: Existing conditions onsite consists primarily of forested land along with some single-family residential structures with maintained yards located adjacent to S Mineral Springs Road. Specifically, there are nine (9) wetland features (W1-W9), one (1) linear wetland (LW), four (4) intermittent streams (SB, SC, SD, SF), and one (1) perennial stream (SA) located on the property. Please see the attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project is mainly forested land and single family housing with maintained yards. Holder Road bounds the property to the North and S Mineral Springs Road bounds the property to the west. Offsite: Existing conditions offsite consists primarily of forested land with some residential neighborhoods and adjacent roadway. Specifically, there are four (4) wetlands (W1, W8, W10, and W11), one (1) linear wetland (LW1), one (1) intermittent stream (SF), and one (1) perennial stream feature (SA) located on property. Please see the attached offsite wetland sketch map for exact locations of features. General land use in the vicinity of the project is mainly forested land and single-family neighborhoods. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 3.368 ac 4g. List the total estimated linear feet of all existing streams on the property: Approximately 3,213 LF 4h. Explain the purpose of the proposed project: The purpose of this project is to construct a residential development and its necessary infrastructure. 41. 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 residential development including but not limited to; roadway infrastructure, residential lots, utilities, SCMs, and clubhouse/amenities. Specifically, there are two (2) wetland impacts for a road crossing, four (4) wetland and stream impact areas for lot fill/grading, and ten (10) wetland, stream, and buffer impacts for public improvements/utility crossings. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* • Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2019-02318 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: Soil & Environmental Consultants, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR NCDWR: Site visit and field determination made by Erin Deck on September 17, 2019 (NBRRO #19-280). USACE: Site visit and field determination made by Sam Daily and Chris Hopper on January 21, 2020. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. There are three (3) phases for this project. Please see attached overall site plan. 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries v Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact area * Impact 1A Lot Grading/Fill P Headwater Forest W5 Yes Both 0.006 Impact 1 B Road Crossing P Headwater Forest W5 Yes Both (acres) 0.047 (acres) Impact 1 C Lot Grading/Fill P Headwater Forest W5 Yes Both 0.105 (acres) Impact 2 Utility Crossing P Bottomland Hardwood Forest Yes Both 0.110 (Permanent -No �W4 acres) Permanent Loss) Impact 4A Lot Fill/Grading P Bottomland Hardwood Forest W9 Yes [Both 0.061 Impact 46 Road Crossing P Bottomland Hardwood Forest W9 Yes [Both (acres) 0.001 (acres) Impact 4C Utility Crossing P Bottomland Hardwood Forest W9 Yes Both 0.001 (Permanent -No (acres) Permanent Loss) Impact 6A Utility Crossing P Bottomland Hardwood Forest W8 Yes Both 0.036 (Permanent -No (acres) Permanent Loss) Impact 9 Utility Crossing P Headwater Forest W1 Yes Both 0.034 (Permanent -No (acres) Permanent Loss) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.401 2g. Total Permanent Wetland Impact 0.401 21. Comments: Total permanent wetland loss = 0.22 ac (9,553 SF); Total permanent -no permanent loss = 0.18 ac (7,802 SF). 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* ��30. Stream Type* 3f. Type of 3g. S. width* 3h. I11 mpact ?) Jurisdiction* length* S7 Impact ID -Lot Fill/Gradin P 9 Permanent Fill Stream B R C Intermittent Both 8 230 Average (feet) (linear feet) gy Impact 3-Utility Crossing Temporary Other Stream A Perennial Both 24 30 Average (feet) (linear feet) S3 Impact 6A-Utility Crossing Temporary Other Stream A Perennial Both 117 Average (feet) Qinear feet) S4 Impact 7C-Utility Crossing Temporary Other Stream A Perennial Both 21 32 Average (feet) Qinear feet) S5 Impact 8-Utility Crossing Temporary Other Stream A Perennial Both 16 (Permanent -No Permanent Average (feet)IEI- 31. 3i. Total permanent stream impacts: 230 31. Total stream and ditch impacts: 489 3i. Total temporary stream impacts: 259 3j. Comments: Total permanent stream loss = 230 LF (1,849 SF/0.04 ac); Total temporary stream impacts = 259 LF (3,037 SF/0.07 ac) 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Nauss Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 6A-Utility Crossing P Stream A No 3,748 0 Impact 66-Utility Crossing P Stream A No 302 524 Impact 7A-Utility Crossing P Stream A No 789 766 Impact 713-Utility Crossing P Stream A No 686 289 Impact 7C-Utility Crossing P Stream A No 2,565 1,392 11 Impact 8-Utility Crossing P ii Strearm A No 4,845 3,202 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 12,935.00 6,173.00 Zone 1 Zone 2 Total combined buffer impacts: 12,935.00 6,173.00 6i. Comments: Per the Neuse River Buffer Rules (15a ncac 02b .0714), Impacts 3, 5 and 10 are considered deemed allowable impacts. 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 delineation and Neuse River Buffer evaluation for the entire property to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Impact areas 1A, 1 B, 1C, and ID is proposed permanent wetland and stream impacts for infrastructure critical to the project, as well as for lot fill/grading. Impact areas 1A, 113, and part of 1C are proposed permanent wetland impacts for a road crossing, stormwater conveyance, sedimentation and erosion control measures during construction, and lot fil. This road crossing is necessary to connect the northern part of the development with the rest of the property. Road B has been shifted as far east and north as possible to provide a safe and compliant internal roadway system throughout the development. Shifting the crossing north of the wetlands would not result in/meet the City's requirements. Additionally, the internal road network is graded to provide safe vertical profile design and is set based on grading connections to Mineral Springs Road and Holder Road. Impact area 1 D is proposed permanent stream impact for stormwater conveyance (both on -site and off -site), as well as lot fill/grading in order to accommodate the planned housing type and meet stormwater requirements. Per the project engineer and the City of Durham requirements, there is stormwater runoff coming into the site that will need to be picked up conveyed under the road to the stream. Impact area 2 is proposed permanent — no permanent loss wetland impacts for a utility crossing. The utility will be constructed perpendicular with the wetland and eventually tie into an existing sewer line. Impact area 4A is proposed permanent wetland impacts for infrastructure critical to the project, as well as for lot fill/grading. The critical infrastructure includes roadway construction, stormwater conveyance and management, as well as tying to and making improvements along an existing sanitary sewer outfall. A retaining wall is being utilized to minimize wetland impacts to the maximum extent practicable. Per the project engineer, this impact is necessary based on the profile of the roadway (designed to meet AASHTO and City standards). Impact area 4B is proposed permanent wetland impact for road construction. As mentioned above, this impact is needed to meet the City of Durham design standards for a cul-de-sac as well as requirements for stormwater. Impact area 4C is proposed wetland impacts for a utility crossing. The utility will connect to an existing manhole and will be constructed as far south of the wetland as possible to minimize wetland impacts. Impact area 6A & 6B are proposed permanent wetland and buffer impacts as well as temporary stream impacts for a utility crossing. These impacts are necessary to upgrade the existing utility line to a larger one that will serve the development. All impacts are occurring within the existing easement and will avoid any additional impacts. It should also be noted that the utility cannot be shifted further out as the utility runs through property offsite into neighboring properties. Impact area 7A is proposed permanent buffer impacts for a utility crossing. These impacts are necessary to upgrade the existing utility line to a larger one that will serve the development. All impacts are occurring within the existing easement and will avoid any additional impacts. Impact 7B is proposed permanent buffer impacts for a utility crossing. These impacts are necessary to connect the existing utility lines located southeast and northwest of the crossing. The location of the crossing was placed here to avoid any stream impacts that are located adjacent to the proposed crossing. The utility is going through private property not owned by the developer. The developer is acquiring easements for this area the way it is shown. There is an existing residence on the corner parcel which makes it highly difficult to acquire additional easement area than what is proposed. Impact 7C is proposed permanent buffer and temporary impacts for a utility crossing. These impacts are necessary to upgrade the existing utility line to a larger one that will serve the development. All impacts are occurring within the existing easement and will avoid any additional impacts. The crossing itself is perpendicular with the stream to avoid any additional stream impacts. Impact 8 is proposed permanent buffer and temporary stream impacts for a utility crossing. These impacts are necessary to upgrade the existing utility line to a larger one that will serve the development. All impacts are occurring within the existing easement and will avoid any additional impacts. The utility cannot be shifter further out as the utility runs through property offsite into neighboring properties. Impact area 9 is proposed permanent — no permanent loss wetland impacts for a utility crossing. These impacts are necessary to upgrade the existing utility line to a larger one that will serve the development. All impacts are occurring within the existing easement and will avoid any additional impacts. The existing easement was placed perpendicular with the wetland to minimize wetland impacts. u I b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Coffer dams and pump arounds will be utilized for the sanitary sewer stream crossings. Sediment skimmer basins will be constructed to discharge the flow through a skimmer for sediment removal. Diversion ditches will be constructed to divert storm water to sediment ponds to limit the amount of water going to silt fencing. There will also be Tree protection fencing and silt fencing utilized to show the limits of disturbance on site. 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 No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Arrington Bridge III Site (wetland mitigation) & Bucher Site (stream mitigation) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.62 acres Stream 460 LF 3c. Comments S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were four (4) banks listed within the 03020201 HUC that had riparian wetland and stream credits available. All four (4) were contacted, only one (1) had both stream and wetland credits available. Attached is a Statement of Availability letter from RES for 0.62 acres and 460 LF. Permanent wetland loss impact = 0.22 acres; 0.22 @ 2:1 mitigation ratio = 0.44 acres, Permanent -no Permanent loss = 0.18 acres; 0.18 @ 1:1 mitigation ratio = 0.18; Total wetland mitigation requested = 0.44 ac + 0.18 ac = 0.62 acres. Permanent stream loss impact = 230 LF; 230 @ 2:1 mitigation ratio = 460 LF. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen 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? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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 No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Durham 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?* 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 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 Harlowe Point project is a residential development. Additionally, the project is located within the City of Durham ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; 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; 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 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?* Yes No 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 will be directed to the City of Durham Sanitary sewer lines which direct sewage flows to waste water treatment plants. 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbines)?* Yes No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes 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 November 18, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC has yet to receive a response from USFWS or concurrence on determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. S&EC will provide any information received from USFWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 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 June 22, 2021, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: The work being completed in the FEMA floodplain is only for sewer pipe installation or sewer pipe replacement. It should also be noted that, no grades are changing that would impact the FEMA floodplain elevation. 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 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. Click the upload button or drag and drop files here to attach document Harlowe Point PCN attachments.pdf 43.88MB File must be PDF or KMZ Comments Signature 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: Camden M. Brunick Signature Date 11/23/2021 Environmental Consultants, 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: Harlowe Point S&EC Project # 13476 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: April Norton _ 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 IndexNumber(s) (PIN): _0840-96-77-9629, 0840-96-28-4483, 0850-07-51-0550, 0840-97-61- 2571.0840-97-10-9557 Site Address: 1011 S Mineral Springs Road City, County, State: Durham Durham County. NC APPLICANT INFORMATION: Name: _ Engguist Development LLC Mailing Address: 402 N. Fourth Street I Baton Roue Louisiana 70802 Telephone Number: 225 266-0694 Email: davidr@levelbr.com David Rays Applicant Applicant Signature Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. WS E Irk h f � -WS13 .T *wfpc I rB I 4N. s E 5c CrB r � t 5 - F y iJ Project Number: 13476.W1 Map Title: Figure 1 - USGS Map N o 500 1,000 Project Manager: I i i i I i i i I SB Mineral Springs Land Assemblage Feet Scale: Durham County, NC 1"=500' • Date: Source: 2019 NC Southeast A Soil &Environmental Consultants, PA 11 / 1 /2 0 21 Durham Quad 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 •Phone: (919) 846-5900 •Fax: (9l9) 846-9467 IF .en�e om 1` , Ifr/r� rrs�. Mr. r IIr■Detaffed,Delineation tableSu for Preliminary• Only S&.EC reserves the right to modify this map based on more f=/r•rrrrr {rr {f rr r{r r and any other additional -formation. Appr-rimations were toned topographic maps, air photos and ground truthing. If the site is giing. f r `,fusmg napproved and 4this work by - I -,-•.,'yam �- - r Ysr f{ r^7 _ -{ ".' If f r'rrr' ` f ff { rr � ! y f ,-�'`�; �f • - _ ,, /t, .. 'Y;r T"f`r5✓` {. f f rI' "--'---�• j X�=,!'':r rr r" �r S& EC Legend Offsite Sewer Evaluation Area Environmental Impact Area �4�• Potentially Jurisdictional Perennial Stream cz�N Potentially Jurisdictional Intermittent Stream - a Potentially Jurisdictional Linear Wetland Potentialy Jurisdictional Wetland K Potential 50' Neuse River Riparian Buffer Potential 100' F/J-B Durham Watershed Buffer " N ---- 2' Durham County Contours W1 and feature F not reflagged F W1 u Wetland Sketch Map 0 Mineral Springs Offsite f `rat1cra 0 0 r w w It 4, m a 0 U BERNARD LW1 Detailed Delineation of Waters of the US Suitablef- Preliminary Pl.mg Orly S&EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, a, 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 —qui—d. If the user d hi ts wordi,.anesaccurate map of the regulated features flagged by S&EC, they should retain a NC Registered Professional Land Surveyor to ]orate S&EC's flagging. 150 300 600 Feet N NC Project No. Scale: Durham, � 13476.W7 1" = 150' Aerials from NC One Map Soil �I: Environmental Consultants, PA Project Mgr.: 04/02f2021 8412 Fat dNeuseRoad, Suite I04,—iA NC 2 l615• Phone:( 19)8965900•F—(919)846996 SB Prepared by: KM .n.9.=am W Z U Q x Q � z O O o Z O U U U U U U U o o o 00 IT Oz o U U U M W O = UN ,o U .. ry 'a o M M M M M M M M M M M M M O O O # N M O O O O O O O V of O O O O N M W Lu p=s OZ }u U w i O C < L ll.l w Z A, W �— W Z O N O p� 0", N `/ � Q C Z w � W XP C� Z u oo �0< O Z Z QO` u c) _ �S Nly�aacMl oc inAwed n �+ ♦ I J Q Q U 0 Id why m \y,p�e:t R jQ w U° w o= q-130 5 W � W QZ0,� s w Q 0�opODQZ e UQ �� N "Is O ^L O ' b L Q o^L J J 0 �LU = � ) 0OQ _o Q�U o0� 15 15 �a��,a p o S CD 0 cl 0 co Q O L Q a w UC) QO a N Z ¢a� rl � co:� ooa QQD O z o W O =Q � o � U�`�°� L 8 O 5 a \ 1 u IL 0 Q LU N N V Z z Z � Z W IL Z Z Z � o Q w Z in i OUD UO �O Z Z � w UZ Q� C�Z Q w U w O �a IL M yLr- V) QU J Q L EL Ll C + + + + + + + + + + + + + + + + + + + + + + + + + C) Q 0 C) 0 0 C� O O, ci t� Q o CQ LU UC) J <0 � coQ zo= o<D w� 0 0" J Z Q Q LU Z O LO O O z z C� 0 w z w r U Q Q � Q JOw pz a� ��w 00 n Q d�(n 0 �U z + + + + + Q U + + + + + J Q + + + + + LJ EL + + + + + + + + + + U Q Z Q NLU � Q Q v v U Q o Z � Z — w IL U Z IL � o0 �w _Z �w M 1110 - Ell z z w - w - w o w N Q V) > > N W Q v O w v O w Q Lu J J w 0 IL 0 Qd— N d— N �U LU ML CL W on Q LU H w U w Q IL 07 z— Q Q d' Q o M � �'�" IL h h LL � M M N h Q W N O O U < N � w o o ,3 ,3 r 3Q 3Q � o 0 �a Z U OH _u �� ne u L W wz W c Z wm W O O _1 0 LU 12i u LU =) D:f < u D:f 0 Lu �o a� =) CL i2i Lu 0 00 n < IL � af U = + + + + + < U + + + + + i < + + + + + Ll L EL + + + + + u n LU LLJ IL i2i 00 =u s Z >u ,—nU_ =U Z z wP O O Q H W t— � U W Q m � z- � g Q � Q oQ oQ W �O �O N Z z z W — W — i2i0 i2i0 Q V) i i N 0 O w Q UDW UDW Q " Lu J J W 0 O W Q (� Q d— H d— H W M - Q o CL LU Uw LL U _ m LU IL � N 00 IL t i�1i1111,'' li �O O Uu / r Q L W " W �Z O : /---------- _ p Z U W w m 0,,,,, N �►�� as i t N O 5 i�ii I � IIII O � K V ,fiiI11 ,� Is I Q O a fJ� w II, xoY / Qo r w �' o Nlyl IP' l_n LU - `m W } Nw o d ,,1,1\ -- ,r O O e Ld Z Z Z W 0 W 0 W > > � '` N Z v W U W U J W w w JO JO Jaf OQ Sd Sd IL >W W (C/) Q d ` ON d ` ON d ` > �U ML Q W L Z Q LU >W w U LU � CC 07 10 w a N IL o Q M o V M Q Z O Q j Q j � U U d�— r > > IL z O O > z O O > z O O m O 4 O D 0 OZ _u �� ne u L W wz W c Z wP DW O 0 _1 O 0 LO O 0 Z Z W W — O :2i O Q V) > > N W _% W Q w L.L) J O z J O z W Q 0 IL 0 (/) Q d- N d- N fn �U LU LL Q LLLL CL on a LU W U Q 07 Z Q � Q D:fLLJ M IL Q O 0 O 0 w W Z O w 0 OJ D w Z O w O N d h ti h h h d � w0 �w0 pw ZO p wQ O,"1,0 O w0 m �w U QJ UQJ - m � �=Z =� QQ ZQJ Z 3 Q N zs pH >u �� GC U w L W wz c Z wm DW Q w w w (� w Q � Q W Q � � d h h h rn � M W Q z z oo oo _ � z0 z0 Q O � Z Q � Z Q U U Jai Jai Z Q as �o Q SS1� SS SS ss SS 55 SS- rn � o o 3AI1J0 A?Jf18NV4 \y 00 LU Q M Id \ I ¢ O 1 1 _ \ \`, z w w�-- I � ¢_ a w N. w ON O w .^1 �� D] \ O j W zag zQ z g 1��I ``\ w xo- I o oo� o w aN= 0 w� g mmn - \ o Q� a i �w w N U Dof F— C� I oo <F z a O Q LUO� w � o �i \ z z w W Q vow vow n o w m�z m�z M IL C, Qy ~ 0 w U 8 w Q o 8 a, w w 0 a ss,r�ss — s ss 1 ss ' ss Ss' m a z Z C� 0 W Z � W Q Q � Q J O w O pLU z a� =) CLw OD n Q IL � af O z + + + + + + + + + + Q Q + + + + + w EL+ + + + + uo IL ol ,o U CQ Q LU I L M Q Q o T w L Q s Q IL J Qo � o z 1 — w z z d - O d Z � DO dz �z O Oo �w Z �u U L W wz W z wm W O i-I Z �, mw O J I 0 rn ILI �. 0 0 ILI V o J <O ss LLJ ILI \ * + + + r LU / /-------------- \ / / - O w w/ �' O / O '1, IV W � IV W a z z L,.J — LLJ — w o w o Q V) >� >N W Q U 0 w U 0 w Lu IL J J ��o ��0 (/) Q d— N a_— N �U LU LLCL 0o on a D ?7 Q LU w U � ILQ m o z - a w IL N C L w Z O Z O ILU H Q Q Q ILQ Q m — w O — w O O z �Qo �Qo OH _u �� ne u z L W w W c Z wm DW T O 1 _ Z O C) o o c Q Q o LU <0� = 0QD LU / LU ' �' ' `� /I�'��� r/�•'�' Z �I O From: RaleiohNCREG To: Steven Ball Cc: Dailey. Samantha J CIV USARMY CESAW (USA) Subject: SAW-2019-02318--1019 S Mineral Springs Land Assemblage Durham County Durham NC Date: Wednesday, December 4, 2019 2:28:41 PM Importance: High On 04 December 2019, we received your Preconstruction Notification (PCN) NWP request. We have assigned the request the file number SAW-2019-02318 and forwarded to (Sam Dailey) for further processing, please refer to this number on all correspondence. Sincerely, Joyce A. Thames ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Elmo Slaughter Trs 90 Hughwood Road Roxboro, North Carolina 27574 Xin-Rui Xia & Xiang O Kong 106 Rocklyn Lane Apex, North Carlina 27502 Determination Type: NORTH CAROLINA Environmental Quality September 17, 2019 I Buffer I Intermittent/Perennial Julie Anne Sproule 1019 S Mineral Springs Road Durham, North Carolina 27713 Doris Turner Couch 501 Latta Circle Durham, North Carolina 27712 Subject: Buffer Determination Letter NBRRO #19-280 Durham County ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ® Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Mineral Springs Land Assemblage 1009, 1011, 1019, 1023 S Mineral Springs and 3712 Holder Road- Address/Location: Durham Stream(s): Un-named Tributaries to Little Lick Creek Determination Date: 09/17/2019 Staff: Erin Deck Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Surve USGS To o A P X Throu hout X X B E X X C E X X D I X Approx. 35.965119, -78.829752 Confluence with "A" X X E E X X F E X X Pond NP X T X UPS points were provided by S&EC *EIIIP = Ephemeral/Intermittent/Perennial (1) E=Ephemeral, I=Intermittent, P=Perennial, NP=Not Present, NA=Not applicable North Carolina Department of Environmental Quality I Division of Water Resources 4��AE��� Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NOPT�i „5R7, NA oroerm,.mw—wawrH 0-0*/ 919.791.4200 Mineral Springs Land Assemblage Durham County Page 2 of 2 (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and permitting requirements. Explanation: The features(s) listed above has been located on the most recent published NRCS Soil Survey of Durham County, North Carolina and/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 to not be at least intermittent or is not present. Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. 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 may request a determination by the Director. An appeal request must be made within sixty (60) days of date 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, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to 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 Erin Deck at (919) 791-4200, or by email at Erin.Deck@ncdenr.gov Sincerely, Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Steven Ball via email: sball@sandec.com From: Deborah Shirley To: Camden Brunick Subject: Fwd: Harlowe Point T&E Submittal Date: Tuesday, November 23, 2021 8:45:41 AM Attachments: S&EC Harlowe Point T&E Report Sioned.odf Fyi Get Outlook for Android From: Mason Montgomery <mmontgomery@sandec.com> Sent: Thursday, November 18, 2021 2:29:19 PM To: Raleigh, FW4 <raleigh@fws.gov> Cc: Deborah Shirley <dshirley@sandec.com> Subject: Harlowe Point T&E Submittal Hello, Attached is the threatened and endangered species report for the Harlowe Point property located in Durham, NC. S&EC is submitting for concurrence. Please review and let me know if any additional information is needed to make the 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 Mobile (704) 773 -2837 mmont2omerv(@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. APlease consider the environment before printing this email. Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 November 16, 2021 S&EC Project No: 13476.W15 Re: Online Project Review Request, Harlowe Point, Durham — Durham 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 November 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 and streams. The location of the project and the action area are identified on the enclosed maps. Harlowe Point (35.967354,-78.831118). The site is located at 1011 S Mineral Springs Road, Durham — Durham 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 15, 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 29. 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 Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NF[P Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall lmpact Map Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com November 16, 2021 S&EC Project No.: 13476.W15 To: Lennar Carolinas, LLC Attn: Stephen Dorn 1100 Perimeter Park Drive, Suite 112 Morrisville, NC 27560 Re: THREATENED & ENDANGERED SPECIES REPORT Harlowe Point (+/- 52 acres) 1011 South Mineral Spring Road, Durham, Durham County, NC Dear Mr. Dorn: On November 10, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the Harlowe Point property shown on the attached maps for potential endangered species. The property is located at 1011 South Mineral Spring Road in Durham County, NC. Surface waters on -site flow into Little Lick Creek in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as WS-IV; NSW. 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 on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Harlowe Point - S&EC Threatened & Endangered Species Report Page 1 of 5 November 16, 2021 S&EC Project #13476.W15 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Neuse River Waterdog (Necturus lewisl) , Proposed Threatened • Carolina Madtom (Noturus furiosus) , Proposed Endangered • Michaux's Sumac (Rhus michauxil) , Endangered • Rough -leaved Loosestrife (Lysimachia asperulaefolia), 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 one 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 identified six managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. NEUSE RIVER WATERDOG (Necturus lewisrl: S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. 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 exist on -site. The perennial stream was +/-6 feet wide with medium baseflow and had a sandy rocky substrate. Additionally, the other streams on -site did not have suitable habitat. There are no proposed permanent impacts to the perennial stream. Due to these observations, we have concluded that the project would have "No effect' on the Neuse River Waterdog. Harlowe Point - S&EC Threatened & Endangered Species Report Page 2 of 5 November 16, 2021 S&EC Project #13476.W15 CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. 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 exist on -site. The perennial stream was +/-6 feet wide with medium baseflow and had a sandy rocky substrate. Additionally, the other streams on -site did not have suitable habitat. There are no proposed permanent impacts to the perennial stream. Due to these observations, we have concluded that the project would have "No effect' on the Carolina Madtom. MICHAUX'S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species 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 roads and easements. It should be noted that this preliminary survey was done outside of the optimal survey window (May -October), but the species on the reference site still had visible leaves. Given the lack of species present within the areas believed to be suitable habitat, we concluded that the project would have "No effect "on Michaux's sumac. We recommend consulting with the USFWS to see if follow up surveys within the optimal survey window will be necessary. SMOOTH CONEFLOWER (Echinacea laevizata): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We found no individual Smooth Coneflower species within the project area. The NHP report did not list any Harlowe Point - S&EC Threatened & Endangered Species Report Page 3 of 5 November 16, 2021 S&EC Project #13476.W15 known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along easements 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 Smooth Coneflower within the project area, our survey was conducted outside of the optimal survey window and as suitable habitat was found it is possible that Smooth Coneflower exists and therefore, we concluded the project would "May affect" Smooth Coneflower. 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 on -site or within one 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. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities." 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 any 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 Smooth Coneflower the USFWS should be consulted to determine if surveys need to occur during the optimal survey windows for Smooth Coneflower to Harlowe Point - S&EC Threatened & Endangered Species Report Page 4 of 5 November 16, 2021 S&EC Project #13476.W15 ensure that no plants exist within the disturbed limits of the project. We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Impact Map 6. 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. November 9, 2021. 7. NHP report: November 9, 2021. 8. S&EC — FWS Species Conclusion Table. November 16, 2021. 9. S&EC — FWS Self -Certification Letter. November 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. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. -U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog... Species Profile. https: //www. fws. gov/southeast/wildlife/amphibians/neuse-river-waterdo g/ Harlowe Point — S&EC Threatened & Endangered Species Report Page 5 of 5 r 9s e NOBELL-DR C IPNGAIL TRL fakL �o ()0 NORTHL r �J GISSONIRD 4.Q 0 NI CH LS FARM' o �0 a a z� p�NNQGK RD 0 J MOCKINGBIRD LN DE MAR DR r 3 1 ct `a V) Offsite Utility Easement a z Property Boundary ci \ Project Number: 13476.W15 Map Title: N USGS Map 0 1,000 2,000 Project Manager: I I I I I I I I DS Mineral Springs Land Assemblage Feet Scale: Durham County, NC 1 " = 1000' Soil & Environmental Consultants, PA Date: Source: USGS Quad 2019 11/16/2021 Southeast Durham, NC Silt Falkd cux•Rwd Suer lO+&aI gR tiC7615•Thon: (919)84659W F.:[9l9]8A4 -067 . 1 r ,s ' i IE Irk �h 1 + L r Trr 5 F 1 � r WSJ IrB rl JI { Offsite Utility Easement ` Property Boundary r� - NCC,GIA Project Number: 13476.W15 Map Title: N Soil Survey Map 0 500 1,000 Project Manager: I I I I I I I I I DS Mineral Springs Land Feet Scale: Assemblage 1 " = 500' Durham County, NC Soil & Etivironmental Consultants, PA Date: Source: NRCS Durham County0 11/16/2021 y - 1 3 — .—&aid-u ... R.Li&\C 27613 Phac �9i9)8465900 Fu:[919]896A,67 Soil Survey Sheet 27 �^ - Legend. Offsite Utility Easement o �RKiN QProperty Boundary c^,�o Potentially Jurisdictional Perennial Stream z� e� �` — Potentially Jurisdictional Intermittent Stream ool)000 Marginal Stream *M— Potentially Jurisdictional Linear Wetland Potentialy Jurisdictional Wetland Potential 50' Neuse River Riparian Buffer Potential 100' F/J-B Durham Watershed Buffer w GRIMES (. r I HOLDER 0 0'9 BERNARD Photo 6 f 4 CD U fJ z 0 kf .� �C BRISTLE WOOD 0 •1 tI a. ^} .gam ' '-r•; - 3 :}1`..e.., w ,,V O PENNOCK4 ! Z!IIIIn' r' 2 ep f"I"PR p_ Aerial Photo Map 0 300 600 1,200 Feet N Mineral Springs Land Assemblage Project No. Scale: Durham, NC a 13476.W15 1" = 300' Aerials from NC One Map Soil 8t Environmental Consultants, PA Project Mgr.: 11/16/2021 8412 - dNeuae Road, S.kl 104, RAA9 NC 2 5 •Poo e: (919) 8 5900 • Fax: (919) 846990] DS Prepared by: MM �� <em .� .y •tip �� V� :;�" Y - At �: '�"���•I •:, k' .. ''- i- fir'. 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T• _ ice.• ■R r Job #: 13476.W15 November 16, 2021 Photo 9: Perennial stream 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 e x hSai k 4YYFJiYJft +cfln7i� i� In Reply Refer To: November 09, 2021 Consultation Code: 04EN2000-2022-SLI-0227 Event Code: 04EN2000-2022-E-00506 Project Name: South Mineral Springs 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 11/09/2021 Event Code: 04EN2000-2022-E-00506 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/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 atjohn—ellis@fws.gov. 11/09/2021 Event Code: 04EN2000-2022-E-00506 Attachment(s): • Official Species List 11/09/2021 Event Code: 04EN2000-2022-E-00506 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/09/2021 Event Code: 04EN2000-2022-E-00506 2 Project Summary Consultation Code: 04EN2000-2022-SLI-0227 Event Code: Some(04EN2000-2022-E-00506) Project Name: South Mineral Springs Project Type: DEVELOPMENT Project Description: This project is located in Durham, NC and is approximately 61 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(c►)35.96767735,-78!83028805327712,14z Counties: Durham County, North Carolina 11/09/2021 Event Code: 04EN2000-2022-E-00506 3 Endangered Species Act Species There is a total of 5 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. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/528 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 11/09/2021 Event Code: 04EN2000-2022-E-00506 4 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 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 November 9. 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: South Mineral Springs; 13476 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program Nr ►�l0ldD]MG�W'LI 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: httr)s://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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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Box 33726 Raleigh, NC 27636-3726 Date: November 16, 2021 Self -Certification Letter Pro] ect NameHarlowe Point 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 0 "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 Raleighgfws.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