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HomeMy WebLinkAbout20220007 Ver 1_ePCN Application_20211222fr.,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) December 6, 2021 Ver 4.2 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#* 20220007 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: Sippihaw Springs 1a. Who is the Primary Contact?* Nick Tudor 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* Nick.Tudor@timmons.com (540)589-8249 Date Submitted 12/22/2021 Nearest Body of Water Black Creek (Partins Pond, Panther Lake) Basin Neuse Water Classification B; NSW Site Coordinates Latitude: Longitude: 35.587866 -78.759860 A. Processing Information u County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 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 Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 18- Minor Discharges 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 29 - Residential Developments 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: Southview Self Storage, LLC 2b. Deed book and page no.: 016514 02067 2c. Contact Person: Don Wellons 2d.Address Street Address 1816 Old Bramble Lane and 6008 S NC Hwy Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 2e. Telephone Number: (910)892-4888 2g. Email Address: dwellons@wellons.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country United States 2f. Fax Number: Yes No Yes No U 2a. Name(s) on recorded deed: Francisco Rodriguez and Juana Deleon Rodriguez 2b. Deed book and page no.: 009256 01784 2c. Contact Person: 2d.Address Street Address 6316 S NC Hwy Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 2e. Telephone Number: (919)345-6059 2g. Email Address:* jcsosa6719@gmail.com 2a. Name(s) on recorded deed: Willow Creek II Homeowners Association Inc. 2b. Deed book and page no.: 018620 02678 2c. Contact Person 2d.Address Street Address c/o Associa H. R. W. Management, AAMC — 4700 Homewood Ct Address Line 2 City Raleigh Postal / Zip Code 27609 2e. Telephone Number: (919)787-9000 2g. Email Address: dflores@hrw.net 3. Applicant Information (if different from owner) 3a. Name: Seth Thompson 3b. Business Name: Wellons Construction 3c.Address Street Address PO Box 730 Address Line 2 City Dunn Postal / Zip Code 28335 3d. Telephone Number: (919)867-0800 3f. Email Address: setht@wellonsconstruction.com 4. Agent/Consultant (if applicable) 4a. Name: Nick Tudor 4b. Business Name: Timmons Group State / Province / Region North Carolina Country United States 2f. Fax Number State / Province / Region North Carolina Country United States 2f. Fax Number State / Province / Region North Carolina Country United States 3e. Fax Number: 4c.Address Street Address 5410 Trinity Rd.Suite 102 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (540)589-8249 4f. Email Address: Nick.tudor@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) State / Province / Region North Carolina Country United States 4e. Fax Number: 1c. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0676183978, 0676195616, 0676280719, 2b. Property size: 0676189573 10.02 acres 2c. Project Address Street Address 1816 Old Bramble Lane Address Line 2 City State / Province / Region Fuquay-Varina North Carolina Postal / Zip Code Country 27526 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Black Creek (Partins Pond, Panther Lake) 3b. Water Resources Classification of nearest receiving water:* 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. 030202011201 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 Site encompasses approximately 10.02 acres and is located in Fuquay-Varina, North Carolina within Wake County. The Site is bound by forested areas and a self -storage facility to the north and residential developments to the south, east, and west. In addition, the Site is bound by NC Highway 55 to the east. The Site is located within the Coastal Plain Physiographic Province. The Site is occupied by forested areas and an approximately 0.2 acre area containing a single-family residence and associated maintained lawn in the southeast corner A delineation of the Site was completed by Timmons Group on September 3, 2020. A Preliminary Jurisdiction Determination was received from USACE on September 28, 2021. A Buffer Determination was received from DEQ on October 2, 2020. 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: 2.93 4g. List the total estimated linear feet of all existing streams on the property: 1,308 4h. Explain the purpose of the proposed project:' The purpose of the project is to construct a single-family residential development in Wake County, North Carolina with community cohesion and the necessary amenities, including stormwater control measures and utility and roadway improvements. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed development is a single -phased residential development project that is located at 1816 Old Bramble Lane Fuquay-Varina, NC. within Wake County. The project site will include 16 single-family residences and other associated amenities, including stormwater control measures and utility and roadway improvements. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No 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-2020-01680 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Sydni Law, Kate Hefner Agency/Consultant Company: Timmons Group Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A delineation was conducted by Timmons Group on on September 3, 2020. A Preliminary Jurisdiction Determination was received from USACE on September 28, 2021. 6. Future Project Plans 6a. Is this a phased project?* Yes • 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? No other NWP(s), regional general permit(s), or individual permits) are intended to be used. All project impacts are being accounted for in this permit application. 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 U 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact ?) area SSWR Aerial Crossing P Bottomland Hardwood Forest A Yes Both 0.010 SSWR Aerial Crossing T Bottomland Hardwood Forest A Yes Both (acres) 0.120 (acres) F7] Stormwater Installation T Bottomland Hardwood Forest A Yes Both 0.003 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.123 0.010 2g. Total Wetland Impact 0.133 21. Comments: Wetland Impacts land 2 will result in 0.01-acre of permanent impacts and 0.12-acre of temporary impacts for the installation of an aerial sanitary sewer line. Permanent impacts are associated with the installation of supports shown on SSWR Aerial Crossing Profile on Sheet CWI-2.1. Temporary impacts are associated with installation of a sanitary sewer utility easement necessary to connect the proposed development to public wastewater services. Following completion of the disturbance, the sanitary sewer easement will be maintained, resulting in permanent conversion of the impacted wetland areas from forested to herbaceous wetland. Alignment of the sanitary sewer was determined by the location of an existing easement and overall design of the proposed project. Further, the sanitary sewer was placed in such a way to cross the wetland areas at as close to a 90-degree angle as possible at their narrowest portions. Wetland Impact 3 will result in 0.003 acres of temporary impacts from the installation of a stormwater drainage pipe that will convey stormwater flow into a stormwater detention pond. Nationwide Permit 18 coverage is requested for this impact. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type' 3c. Type of impact* 3d. S. name* �3e.StreamType* (?) [3f.Typeof urisdiction* 3gSwidth* 3h. Impact length* S1 SSWRAerialCrossin 9 P rY Tem ora ::] Other B Perennial Both h;;;J�:] 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 35 3i. Total temporary stream impacts: 35 3j. Comments: Stream Impacts will result in 35 linear feet of temporary impacts. Temporary impacts are associated with installation of an aerial sanitary sewer utility easement necessary to connect the proposed development to public wastewater services. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Tar -Pamlico Catawba Randleman Goose Creek Jordan Lake Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6C Zone 1 impact 6g. Zone 2 impact SSWR Aerial Crossing (allowable upon P F No 2,523 1,342 authorization) SCM Outfall (allowable) P B No 408 432 Lot Fill (allowable) P B No 0 11 1,018 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 2,931.00 2,792.00 Zone 1 Zone 2 Total combined buffer impacts: 2,931.00 2,792.00 61. Comments: Buffer Impacts will result in a total of 2,931 square feet of permanent Zone 1 Impacts and 2,792 square feet of permanent Zone 2 Impacts. Permanent impacts are from sanitary sewer utility easement and SCM Outfall are necessary to connect the proposed development to public wastewater services. Permanent impacts from lot fill are required to provide necessary grading for the project. 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: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. Impacts to jurisdictional features have been minimized through the use of design, the proposed sanitary sewer and stormwater outlet has been designed to cross wetland areas at as close to a 90-degree angle as possible and at their narrowest portions. This design also avoids adjoining parcels. Retaining walls have also been used to avoid impacts to wetlands. Use of an aerial sanitary sewer eliminates additional impacts from trenching. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owners representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: 15A NCAC 02B .0714 TABLE OF USES (kk) Utility- allows new sewer lines perpendicular to crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule provided that vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor. (ii) Construction corridor of greater than 40 linear feet wide and less than or equal to 150 linear feet wide and a permanent maintenance corridor that is equal to or less than 30 feet wide is allowable upon authorization. Therefore, no buffer mitigation is required. Wetland and stream mitigation is not required because permanent wetland impacts are under the 0.10-acre threshold and there are not permanent stream impacts proposed. 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 Phasell NSW USMP Water Supply Please identify which local government stormwater program you are using. Fuquay-Varina 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. This is a single -phased project and this permit is to provide impacts for the overall development of the site. The project will be completed with appropriate land use control measures in place for specific areas which require them. All impacts associated with the proposed project are accounted for herein. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 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 turbine(s)?* 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? A JSFWS IPaC Report listed six federally protected species as potentially occurring within the project area or a 1-mile radius, including the red - cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, monarch butterfly, and Michaux's sumac. Critical habitat is not reported as occurring with the project area or a 1-mile radius of the project boundaries. The red -cockaded woodpecker requires mature pine forests that are at least 60 years old. The majority of the site is mixed hardwood -pine forest mainly associated with bottomland hardwood forests and riverine swamps. Further, no occurrences of the species were noted during onsite investigations. Therefore, the proposed project should have no effect on the red -cockaded woodpecker. The Neuse River waterdog requires low to moderate gradient streams and low current velocity. The species dwells in streams wider than 15 meters in near freezing water temperatures. No suitable habitat or occurrences of the Neuse River waterdog were noted during onsite investigations. Therefore, the proposed project should have no effect on Neuse River waterdog. The Carolina madtom prefers streams with riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient. Substrate for the Carolina madtom is predominantly silt -free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells. No suitable substrate or habitat was noted during onsite investigations. Therefore, the proposed project should have no effect on The Carolina madtom. The Atlantic pigtoe prefers free -flowing streams with clean sand or gravel bottoms. During the summer, they can be found hiding under mussel shells, logs, pieces of bark, and other cover. No suitable substrate or habitat was noted during onsite investigations. Therefore, the proposed project should have no effect on the Atlantic pigtoe. The monarch butterfly requires flowering plants for foraging habitat and milkweed for breeding habitat. Due to the dense canopy and understory layers within the site, suitable habitat for the monarch butterfly was not observed within the site. Further, occurrences of the butterfly and milkweed species were not observed during onsite investigations. Therefore, the proposed project should have no effect on the monarch butterfly. Michaux's sumac requires sandy or rocky open woods in association with basic soils. Further, no occurrences of the species were noted during onsite investigations. Therefore, the proposed project will have no effect on the Michaux's sumac. A search of the North Carolina Natural Heritage Program's (NCNHP) online database revealed no documented occurrences of the aforementioned species within the project area. Occurrences of the Regal Darner (2004), and hidden -flowered witchgrass (1939) are listed within a 1-mile radius of the project boundaries. However, due to conditions within the site and the proposed design, the project should have little to no effect on these species. 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? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A search of the North Carolina Natural Heritage Preservation Office's online database (HPOWEB) revealed multiple historic resource as occurring within a 1-mile radius of the proposed project limits. However, no historical places were listed within the site's boundaries or within the immediate vicinity of the site. The proposed project is a single and complete, low -density residential project that will not result in further development. The project is consistent with land use in the surrounding area and all construction activities will be limited to the project boundary. Therefore, the project is anticipated to have no adverse effect on historic resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* According to FEMA FIRM Panel 372006700J (eff. 512/2006) the site is located within Zone X — Area of Minimal Flood Hazard. 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 2021.12.22_Sippihaw Springs ePCN.pdf 10.14MB 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: Nick Tudor Signature Date 12/22/2021 �!000 o ^ 5410 Trinity Road P 919.866.4951 T I M M O N S GROUP Suite F 919.859.5663 Raleigh, NC 27607 www.timmons.com December 22, 2021 Lyle Phillips U.S. Army Corps of Engineers — Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Colleen Cohn 401 & Buffer Permitting Branch NCDEQ — Division of Water Resources 3800 Barrett Drive Raleigh, NC 27609 Re: Electronic Pre -Construction Notification Attachments Sippihaw Springs Fuquay-Varina, Wake County, North Carolina Project No.: 42861 Dear Mr. Phillips and Ms. Cohn, On behalf of Wellons Construction, we are providing additional attachments and information to aid in the review of the electronic Pre -Construction Notification of the Sippihaw Springs project, an approximately 10.02 -acre site located in Fuquay-Varina, North Carolina, within Wake County (the Site). Please review the below attachments and contact Nick Tudor at (540) 589-8249 or nick.tudora-timmons.com if additional information is required. Sincerely, Timmons Group Nick Tudor Senior Environmental Scientist ENGINEERING I DESIGN I TECHNOLOGY Enclosures ATTACHMENTS Appendix A Figure 1 — Vicinity Map Figure 5 — NRCS Soil Survey Map Figure 6 — Wetlands and Waters Delineation Map Appendix B Agent Authorization Forms Appendix C Preliminary Jurisdictional Determination Letter Buffer Determination Letter Appendix D Environmental Impacts Set Appendix E USFWS IPaC Report NCNHP Report Appendix F SHPO Map and List Appendix A Path: Y:\805\42861 - Sippihaw Springs\GIS\42861-JD-VIC.mxd . S • 3 • ' ::Ce �� g - • a a I) iI e � n � Site limits are approximate. Topographic imagery from USGS. • _: s ! 4,000•• Feet 0 1,000 2,000 3,000 SIPPIHAW SPRINGS T I M M O N S GROUP WKAE COUNTY, NORTH CAROLINA • FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER: 42861 U.S.G.S. QUADRANGLE(S): FUQUAY-VARINA PROJECT STUDY LIMITS: 10.02 ACRES DATE(S): 2019 LATITUDE: 35.587866 WATERSHED(S): UPPER NEUSE (NEUSE RIVER BASIN) LONGITUDE:-78.759860 o e ese o ans an associate ocunnents are t e exc usive orooerty o andmay not a reoro uce in w HYDROLOGIC UNIT CODE(S): 03020201 or in oar t an s a not a use or anv ouroose w atsoever. me usive. ut not is ruction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\42861 - Sippihaw Springs\GIS\42861-JD-NRCS.mxd v 1 xx 1 �3 1 z � We1 1 I ,I . .� . _rr W-RCxx T I xx xx ti ,1 Lxx - I r , • 1 ' Site limits are approximate. — A 2 I Soils from NRCS web soil survey. 1 0 400 800 1,200 1,600 Feet SIPPIHAW SPRINGS T I M M O N S GROUP •• •• WAKE COUNTY, NORTH CAROLINA FIGURE 5: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER: 42861 U.S.G.S. QUADRANGLE(S): FUQUAY-VARINA PROJECT STUDY LIMITS: 10.02 ACRES DATE(S): 2019 LATITUDE: 35.587866 WATERSHED(S): UPPER NEUSE (NEUSE RIVER BASIN) LONGITUDE:-78.759860 HYDROLOGIC UNIT CODE(S): 03020201 ese o ans and associate ocuments are t e exc usrve orooertv o and may not ce repro uce In w o e Orin part an s a no a use or anv ouroose w a[soever. Inc usrve. ut not o construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Appendix B �4P����� TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS, AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ - Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the �_J day of DCC. mU ; 20X. (number) (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Sippihaw Springs Parcel ID: Q (u'Ao 18 3q'7 6 Site Address: 19(tu 0(d �I-avnWe L► , Ft goaq VGl (nci Property Owner's Name (Print): Property Owner's Signature: Property Owner's Mailing Address: Z" Property Owner's f� Fax Telephone: �G �G �p S Na. Property Owner's �W1�5� Email Address: �'t'$.111:D-, C 0 IT L Ul In 0) E 0 U E E 3 110p f?/7 00 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS, AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Array Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: 1, the undersigned, current property owner designate and authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to firrnish upon request supplemental information in support of applications, etc., from this day forward. This the a3 day of, 20. (number) {Month} (Year) 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. At -my Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Narrre: Sippihaw Springs Parcel ID: 0676280719* Site Address: 6316 S NC 55 Hwy, Fuquay-Varina, NC* "This approval is limited to the portion of the property where the proposed utility line is to be located. Property Owner's Name (Print): Francisco f Property Owner's Signature: Property Owner's Mailing Address: K `Property Owner's Telephone: Property Owner's Email Address: C:so Sc,- (C) d\ 9NVVA��r and Juana Deleon Fax No. €` 0 ko r` N U z m M N O r-t a, a..� 7 v T y C 0 IT In 0 E 0 U c O E E 3 006 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner designate and authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 3rd day of September , 20 20. (number) (Montle) (Year) 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899, This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Sippiliaw Springs Parcel ID: 0676189573 * Site Address: 6320 S NC 55 Hwy, Fuquay-Varula, NC* *This approval is limited to the 2ortion of the property where the proposed utility line is to be located. Property Owner's Name (Print): Willow Creek II Homeowners Association Inc. Property Owner's Signature: ........ ........ . . . . ............... . . . .... Bernd W. Herrmann President WC HOA Property Owner's Mailing Address: c/o Associa H. R. W. Management, AAMC - 4700 Homewood Ct., Suite 380, Raleigh, NC 27609 Property Owner's Telephone: 919-787-9000 (office) Fax No. 919-786-8041 a Property Owner's Email Address: dflores@hrw.net (Debra Flores, Willow Creek community manager) M ka In Lo Qi C0 of 0) rn x U. 0 U c b E E 3 TIMMONS GROUP YO€I I VISION ACIHEVEU THROUGH OUIi S. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Service Center PO Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner designate and authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the I day of G (6 C.( , 20 W, (number) I (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1999. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Sippihaw Springs Parcel ID: 0676183978 and 0676195616 Site Address: 1816 Old Bramble Lane and 6008 S NC 55 Hwy, Fuquay-Varina, NC Property Owner's Name (Print): Southview Self S Property Owner's Signature: Property Owner's Mailing Address: PO Doy- 12-51 b�nn +n WC Z83315 Property Owner's Telephone: -1 1O "89 Z`yBBg Fax No. Property Owner's Email Address: [� U•ieL �V15 1117e� la�t5, OIr' T a-� C 0 v Ln O 0 G O U N O E E Z Appendix C U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01680 County: Wake U.S.G.S. Quad: NC-Fuguay-Varina NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Timmons Group, Inc. Lauren Norris -Heflin Address: 5410 Trinity Road, Suite 102 Raleigh, North Carolina 27607 Size (acres) —10.02 acres Nearest Town Fuquav-Varina Nearest Waterway UT to Black Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.587866 Longitude:-78.759860 Location description: The project site is on the west side of S. North Carolina 55 Highway and east of Old Bramble Lane, located at 1816 Old Bramble Lane in Fuquav-Varina, Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/9/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. SAW-2020-01680 ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact George Lyle Phillips III at (919) 554-4884 X25 or Geo ri!e.L.Phillips(&us ace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 09/28/2021. D. Remarks: The preliminary jurisdictional determination review area is shown as the pink outlined "Proiect Stud; Limits" depicted on the "Figure 6: Potential Wetlands and Waters Delineation Map" exhibit attached. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: C &o- j e- L yGe- Pk /it Date of JD: 09/28/2021 Expiration Date of JD: Not applicable SAW-2020-01680 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hrips://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished: NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Timmons Grouu, Inc., Attn: Lauren Norris- File Number: SAW-2020-01680 Date: 09/28/2021 Heflin Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or hllp://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Nor - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: George Lyle Phillips III ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: George Lyle Phillips III, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 09/28/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Timmons Group, Inc., Lauren Norris -Heflin, 5410 Trinity Road, Suite 102, Raleigh, North Carolina 27607 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sippihaw Springs / 1816 Old Bramble Lane / Fuquay-Varina / Wake County, SAW-2020-01680 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is on the west side of S. North Carolina 55 Highway and east of Old Bramble Lane, located at 1816 Old Bramble Lane in Fuquay-Varina, Wake County, North Carolina. The preliminary jurisdictional determination review area is shown as the pink outlined "Project Study Limits" depicted on the "Figure 6: Potential Wetlands and Waters Delineation Map" exhibit attached. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Fuquay-Varina Center coordinates of site (lat/long in degree decimal format): Latitude: 35.587866 Longitude:-78.759860 Universal Transverse Mercator: NAD83 Name of nearest waterbody: UT to Black Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): November 18, 2020 TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable A 35.588631 -78.760299 3.55 Wetland Section 404 B 35.588827 -78.759378 1517 Non -wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Timmons Group, Inc. / ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Lauren Norris -Heflin Map:Vicinity, HUC, environmental inventory, parcel, NRCS soils, delineation map 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. X❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ■❑ U.S. Geological Survey Hydrologic Atlas: 030202011201 (Neuse River Basin) ❑ USGS NHD data. 0 USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: Fuquay-Varina (2019); 1-24,000 ■❑ Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970 ■❑ National wetlands inventory map(s). Cite name: USFWS NWI North Carolina 2018 ❑ State/local wetland inventory map(s): ■FEMA/FIRM maps: 3720061600J (eff. 05/02/2006) El ■❑ 100-year Floodplain Elevation is: n/a Photographs: ■❑ Aerial (Name & Date) or ■❑ Other (Name & Date) .(National Geodetic Vertical Datum of 1929) NC OneMap Orthoimagery 2017 Landscape ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Ly6a' Pltid,(i�k 111 09/28/2021 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Sydni Law From: Deck, Erin M <erin.deck@ncdenr.gov> Sent: Friday, October 2, 2020 11:41 AM To: Lauren Norris -Heflin; Sydni Law Subject: FW: [External] Sippihaw Springs Attachments: 2020.09.30_Sippihaw Springs -Buffer Determination Request Package.pdf For sites located in the Neuse River Basin -Per 15A NCAC 02B. 0714, all features depicted on the most recent version of the published manuscript of the soil survey map or the USCG National map, are subject to the riparian buffer regulations. If a landowner or affected party believes these maps inaccurately depict surface waters or the specific origin point of a stream then an onsite determination can be requested. That being said, per our conversation and the attached documentation, the features, as depicted on the provided maps, are subject to the Neuse River riparian buffer regulations, outlined in 15A NCAC 02B. 0714. The maps can be used for planning and future permitting needs. Erin Deck Department of Environmental Quality Division of Water Resources Raleigh Regional Office Office: 919-791-4258 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sydni Law <Sydni.Law@timmons.com> Sent: Wednesday, September 30, 2020 6:03 PM To: Deck, Erin M <erin.deck@ncdenr.gov> Cc: Lauren Norris -Heflin <Lauren.Norris-Heflin@timmons.com> Subject: [External] Sippihaw Springs lw1111610AMternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to (ort.spam@nc.gov Good morning Erin, Please find attached the updated Buffer Determination request package for the Sippihaw Springs project. The updated package includes the USGS topo and NRCS maps with delineated stream features called out as either Subject or Not Subject. Could you please confirm that the buffers as depicted are correct, and can be relied up for planning and permitting purposes? Thank you! Best, Sydni Law Environmental Technician TIMMONS GROUP I www.timmons.com 5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607 Office: (919) 532-3261 1 Fax: (919) 859-5663 Mobile: (252) 414-6167 Sydni.Law@timmons.com Your Vision Achieved Through Ours Appendix D 133HS 213AOO a i i %N I�ObKJ H—N 'A1Nnoo —m '%N—A%nanl _ ~ la m W w SJNRS MVHIddIS m ZS9T-7'ON 3SN3JIl VNIl.'Il HI.N sTOT o9s toa , oos9 ooz toa,31 idO d b J SZZ£Z vn 'Puow4ofN 00£o,,n5 ' Aemhled sm—0p1nog T.T .- a�xa�oa>.vaoaao� o HsnonHi a3n3iHon Noisin anoA s•• S N O W W I 1 • 3H— 032'tl—d 9NIMtld'4 SIHl � � �1 LLU) Cn 0 06 c� N N U w IY ULL ++ w < to tY�00 J Q (,4 O Cie 9� U) 0 U J O) Z N wow of J J J W o o o N H H H v / z V J 0 ry ZC/) C� C) -F 0- O S NO 55 N 1lY J Z Q D Q p 20 Z U ~ z_N T Z ?� 1 0 Q OnIB 3NOlS1S3M z - >Q z> �wQ w a � z 9 � Q ow o � euo]...sIIlH Aq NIA IC ZI IZ OZ/R/Zluopepo1, 1 6mp NIAA-0 IT IC �IQ AZ Mllq 14%�\]ee4s\9nnn\56u udG me4lddi �l.ggZb\l CC\S in ~ M z Q � � N Q ~ H H O z O a w w Q a Q � w a z — Q w � O � � z L > �-' Q Q w rn O w > U w w� � O w � z >O w � o a O O O � O U y 0 0 0 0 0 L rn SNOIlIONOO EJNIISIX3 11V213A0 %NI�ObKJ H—N 'A1Nf10N —m %NI—A%nb, m SJNRidS MVHIddIS a U ZS91-O 'ON 3SN30I1 VNIl0'V0 H11ON +� slorass'aoa xvs aoss'ooz'roos zsl �� • �• d n O b J S N O W W 11 SZZEZ HW 'puowypyl g0£a]In5'M1e�urded vapinog lOgi Iii031tlLOtltlO] Sn�0 H9nOnH1 o3n3�H�n i3OiS�n nn01 aHi iv aaavdaud �wnnvaa s�ui sees. ee• H V. � u rr w W W In 0] z Q r z a U) w W Q (� U) W D � LU J z 3: U) E U) N U w IY U LIJ Q J �O)O QN Lli 00 (n Q O) Q ~ W Q >� ~ Q > U) Q LU Q Q Q W H boo f A H H H Lu — \ z W QWU)W 7 7 / , Lu Y w ` ,'---o�00/ / �w �v AID°'- 0 —U) ` --' —Q(rU)U)' Im — — — az00 , a 4-441 aaa j�, ' Clue LL 8LL ?°4°„\4 4 I it � „Q �—,—��m�>A V l I \ ,4a3'>�� >I Lau III, /!r-31LU ft — — %/ In SiDVd WI WiNDWNO'KAN311V'dDAO i h %NI�ObKJ H—N A—Id —'%N—AvnbnH ~ N i m m m W L SJNRidS MVHIddIS a m ZS91-O 'ON 3SN3OIl VNI-102iVD HIION +� slorass'aoa xvs aoss'ooz'roos zsl �� • �• d n O lI J SNOW W 11 ..... 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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 11/29/2021 Event Code: 04EN2000-2022-E-00682 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. 11/29/2021 Event Code: 04EN2000-2022-E-00682 Attachment(s): • Official Species List 11/29/2021 Event Code: 04EN2000-2022-E-00682 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 11/29/2021 Event Code: 04EN2000-2022-E-00682 Project Summary Consultation Code: 04EN2000-2022-SLI-0309 Event Code: Some(04EN2000-2022-E-00682) Project Name: Sippihaw Springs Project Type: ** OTHER ** Project Description: The Site encompasses approximately 10.02 acres and is located in Fuquay-Varina, North Carolina within Wake County. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(c►)35.589453000000006,-78.7596154270425,14z Ace ir.rrl {p . — 4ftfe L0 z Y. 'a fi Counties: Wake County, North Carolina 11/29/2021 Event Code: 04EN2000-2022-E-00682 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 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 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni 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/5164 11/29/2021 Event Code: 04EN2000-2022-E-00682 4 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 STATUS Candidate STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ November 29. 2021 Nick Tudor Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE: Sippihaw Springs; 42861 Dear Nick Tudor: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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 DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 / \ \ e \ � � U a a v \ \ / / \ C z $ \ /> \ _ u 3/ \ e\ e 0 } ° CO % / % / % / \ ƒ m% y 2 y 2/ ® s s e 0 � \\ / \/ E_ \/ !_ \ ® /9 z\ » t t G: / e e \ 2 > %2 CO \» \ �\ \ \� \ © \ u 4 3 v 3 3 »\ ? 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