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HomeMy WebLinkAbout20041488 Ver 9_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) 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#* 20041488 9 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: Winston Pointe 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 12/22/2021 Nearest Body of Water White Oak Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: Longitude: 35.639673 -78.505296 A. Processing Information u County (or Counties) where the project is located: Johnston 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 10/25/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document File type most 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 Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification Version N/A 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: Central Carolina Reality Inc 2b. Deed book and page no.: DB: 02280 DP: 0022 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d.Address Street Address 319 Chapanoke Road, Suite 102 Address Line 2 City Raleigh Postal / Zip Code 27603 2e. Telephone Number: (919)809-4207 2g. Email Address:* j holtvedt@terramorhomes.com 3. Applicant Information (if different from owner) 3a. Name: Jonathan Holtvedt 3b. Business Name: DR Horton - Terramor LLC 3c.Address Street Address 7208 Falls of Neuse Road, Suite 201 Address Line 2 City Raleigh Postal / Zip Code 27615 3d. Telephone Number: (919)8094207 3f. Email Address:* jholtvedt@terramorhomes.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. Proiect Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Clayton 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 U 2a. Property Identification Number: 164800-77-1807 & 164900-21-0670 2b. Property size: +/- 270.18 2c. Project Address Street Address 1005 Winston Road Address Line 2 City Clayton Postal / Zip Code 27520 3. Surface Waters 3a. Name of the nearest body of water to proposed project: White Oak Creek 3b. Water Resources Classification of nearest receiving water:" C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011003 4. Project Description and History State / Province / Region NC Country USA 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: Parcel Southeast of Winston Road: Existing conditions onsite consists primarily of undisturbed forested land. Specifically, there are thirty (30) wetland features (W1-W30), four (4) perennial streams (SA, SB, SC & SF), three (3) intermittent streams (SD, SE, & SE2), and two (2) pond features (Pond 1 & 2) located on the property. Please see attached wetland sketch map for exact locations of each features. General land use in the vicinity of the project consists of forested land and single family residential neighborhoods. Winston Road bounds the property to the north. Parcel Northwest of Winston Road: Existing conditions onsite consists mainly of forested land with a dirt path that runs through the property. Specifically, there are three (3) wetland features (W31-W33), six (6) perennial streams (SG, SH, SJ, SK, SL, and SO), and one (1) intermittent stream (SN) located on/adjacent to the property. Please see attached wetland sketch map for exact locations of each feature. General land use in the vicinity of the project consists of forested land and single family residential neighborhoods. Winston Pointe road is located just east of the property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?" Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). 401 approval issued on June 13, 2013 (DWQ #04-1488v8) for road crossing impacts of 140 LF of stream (0.00964 ac) and 0.036 acres of wetlands. 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 34 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 15,276 LF 4h. Explain the purpose of the proposed project: The purpose of this project is to construct a single-family residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" The overall project consists of the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and SCM's. Specifically, there are three (3) road crossings that impact streams, wetlands, and buffers, and one (1) utility crossing that impacts streams and wetlands. 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-2021-02303 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 Stephanie Goss with letter issued on November 19, 2021 (NBRRO #21-371). ***Note PJD not issued to date but C5b was checked to get this C5d data box to provide detailed information*** 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. Please see attached site plans for phasing information. 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 U 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact (?) area ImpactA Road Crossing P Bottomland Hardwood Forest W11/W12 Yes Both 0.075 Impact B Road Crossing P Bottomland Hardwood Forest W26 Yes Both (acres) 0.053 (acres) Impact B Road Crossing - T Bottomland Hardwood Forest W26 Yes Both 0.006 Temporary Construction (acres) Access Impact C Utility Crossing P Bottomland Hardwood Forest W171W18 Yes Both 0.056 (Permanent -No (acres) Permanent Loss) Impact C Utility Crossing - T Bottomland Hardwood Forest W171W18 Yes Both 0.022 Temporary Construction acres) Access 2g. Total Temporary Wetland Impact 0.028 2g. Total Wetland Impact 0.212 2g. Total Permanent Wetland Impact 0.184 2i. Comments: Total permanent loss = 5,581 SF (0.13 ac); total permanent -no permanent loss = 2,448 SF (0.06 ac); total temporary = 1,234 SF (0.03 ac) 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact" 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width" 3h. Impact (?) Jurisdiction* length* S1 Impact A -Road Crossing - Permanent Culvert Stream A Perennial Both 10 88 Culvert Average (feet) (linear feet) gy Impact A -Road Crossing - Permanent Other Stream A Perennial Both 16 16 Riprap (Permanent -NO Average (feet) (linear feet) Permanent Loss) S3 Impact A -Road Crossing - Temporary Other Stream A Perennial Both 11 17 Temporary Construction Average (feet) (linear feet) Access S4 Impact C-Utility Crossing Temporary Other Stream A Perennial Both 5 32 Average (feet) (linear feet) S5 Impact D-Road Crossing - Permanent Other Stream J Perennial Both 72 Culvert Average (feet) (linear feet) S6 Impact D-Road Crossing - Riprap (Permanent -no permanent loss) Permanent Other Stream J Perennial Both 12 Average (feet) 16 linear reef) S7 Impact D-Road Crossing - Temporary Construction Access Temporary Other Stream J Perennial Both 8 Average (feet) 17 near reef) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 192 66 31. Total stream and ditch impacts: 258 3j. Comments: Total permanent stream loss = 1,457 SF (0.03 ac); total permanent -no permanent loss = 438 SF (0.01 ac); total temporary stream = 490 SF (0.01 acres) 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? 6f. Zone 1 impact 6g. Zone 2 impact Impact area A - Road Crossing P Stream A No 4,314 11 1,542 Impact area B - Road Crossing P Pond 1 No 2,110 3,017 Impact area D - Road Crossing P Stream J No 6,880 2,918 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 13,304.00 7,477.00 Zone 1 Zone 2 Total combined buffer impacts: 13,304.00 7,477.00 61. Comments: Impact C (Utility Crossing) has not been included in the table because it is considered a "deemed allowable' impact per the Neuse River Buffer Rules 15A NCAC 02B .0714(11)(kk)(i). E. Impact Justification and Mitigation 1. Avoidance and Minimization ,v 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed and wetland delineation and Neuse River buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. Impact area A is proposed permanent and temporary stream, permanent wetland, and permanent buffer impacts for a road crossing. This road crossing will occur perpendicular to the stream and is necessary to connect the western portion of the development with the eastern portion. A temporary diversion pump, coffer dams, dewatering pump, and discharge hose will be utilized during construction to divert stream flows and minimize the release of sediments during construction activities. A riprap dissipator that will be utilized to reduce flow velocities and minimize stream degradation. Compensatory mitigation has been proposed @ 2:1 ratio for permanent stream, 2:1 for permanent wetland, 3:1 for Zone 1 buffers and 1.5:1 for Zone 2 buffers to offset permanent loss for the impact. Impact area B is proposed permanent and temporary wetland and permanent buffer impacts for a road crossing. This road crossing is necessary to connect the western portion of the development with the eastern portion. Shifting the crossing to the north would result in higher wetland impact totals. A riprap dissipator will be utilized to minimize wetland impacts. Compensatory mitigation has been proposed @ 2:1 for permanent wetland, 3:1 for Zone 1 buffers and 1.5:1 for Zone 2 buffers to offset permanent loss for the impact. Impact area C is proposed temporary stream and temporary and permanent -no permanent loss wetland impacts for a utility crossing. This utility crossing will be placed perpendicular to the stream to minimize stream and wetland impacts. Compensatory mitigation @ 1:1 ratio for permanent -no permanent loss wetland impacts have been proposed to offset losses. Impact area D is proposed permanent and permanent -no permanent loss stream and permanent buffer impacts for a road crossing. This road crossing is necessary to access the entire property from the eastern side of the development. This road crossing will occur perpendicular to the stream and is necessary to connect the western portion of the development with the eastern portion. A temporary diversion pump, coffer dams, dewatering pump, and discharge hose will be utilized during construction to divert stream flows and minimize the release of sediments during construction activities. A riprap dissipator that will be utilized to reduce flow velocities and minimize stream degradation. Compensatory mitigation has been proposed @ 2:1 for permanent stream, 3:1 for Zone 1 buffers and 1.5:1 for Zone 2 buffers to offset permanent loss for the impact. It should be noted that buffer impacts for Impact area C are considered "deemed allowable" per the Neuse River Buffer Rules 15A NCAC 02B .0714(11)(kk)(i). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: E&SC techniques and sequencing for the construction of the proposed impacts in order to avoid/minimize to the maximum extent possible will be utilized. These techniques include clean water diversions, silt fencing, diversions for sediment laden runoff, basins, cofferdams, pump arounds (with silt bags), berms, and ground cover. 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: EBX-Neuse I, LLC (Blackbird & Bucher sites) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.31 Stream 356 Riparian buffer 10,856 3c. Comments Permanent loss wetland impacts have been proposed at a 2:1 ratio, 5,581 SF x 2 = 11,162SF/43,560 = 0.256 ac; Permanent -no permanent loss wetland impacts have been proposed at a 1:1 ratio, 2,448 SF x 1 = 2,448SF/43,560 = 0.056 ac. Total = 0.256 ac + 0.056 ac = 0.31 ac. Permanent stream loss impacts have been proposed at a 2:1 ratio, 160 LF x 2 = 320 LF (1,457SF/0.03 so) 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 6b. If yes, then identify the square feet of impact. r7��impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Impact Area B - Road Crossing 2,110 3 6,330 Zone 2 Impact Area B - Road Crossing 3,017 1.5 4,526 6f. Total buffer mitigation required 10,856 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j. Comments: 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. Town of Clayton Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) 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 Winston Pointe project is a residential development. Additionally, the project is located within the town of Clayton 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. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) U 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. This project will be connecting to an existing pumpstation. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 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 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes 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 11, 2021. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days meaning that they concurred with the 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. 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 October 25, 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: No grading or structures is proposed within the floodplain. 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 Winston Pointe_PCN Attachments.pdf 42.37MB 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 Brunick Signature Date 12/22/2021 U Project Name/Description: Date:10.25.2021 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com AGENT AUTHORIZATION Winston Pointe The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 S&EC Project # 1359 Attn: Chris Hopper Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 164800-77-1807 & 164900-21-0670 Site Address: 1005 Winston Road City, County, State: Clayton, Johnston County, NC APPLICANT INFOR1ATION: Name: DR Horton - I erramor LLC Mailing Address: 7208 Falls of 1qeuse Rd suite 201 Kaieigh Telephone Number: 9 19-809-420 Email: iholtvedt@terramorhomes.com Jonathan Holtvedt Applicant (please print) Applicant Signature Date 10.25.2021 We hereby certify the above information submitted in this appiieation is true and accurate to the best of our knowledge. WoB .,NoB WoB UCB WotJ WoD WoB No � NoB VrB >•. WoB FuA � WoB WOD . 1 i ,, '�100 VrB m i' / WoD WoB ! 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NoB eaD _ Bb COB a 1 WoB Wt WoD W01) WoD CoB � Wa8 WoD --- - -- — — w i WoB w qa0 �n PaE WoB CeC PaE D GoA COB �2 u' PaE " GoA � WaB - CoB \ CeC WoD NoB d NoB Wt o W08 CeC _ NoB CeC NOA NoB �� WoD PaD R - \ WoB WoD 42 Wt Nob - WaB Tn -_ WoD Ply WoD LY 4 ��ANoB NaB o PaF_. o " ¢ NC�Center; 6.r,Geographic-I.nforrnatiOn &Anal Rs Project Number: Map Title: N 1359.W1 0 1,500 3,000 Project Manager: Figure 2- Soil Survey I i i i I i i i I $B Winston Point Feet Scale: 1" = 1500' Source: Johnston County Soil Soil & Environmental Consultants, PA Date: 8412 Falls fN.— Road, 6ui. 104, Raleigh, NC 27615 • Phove: (919) 846-5900 • Pas: (919) 846-9467 06/04/2021 Survey Sheets 01 & 13 (inset) neck — F • t� Detailed Delmeatiov of Waters of the!. k US y aiaN°nsomy head i to mo s maP basal onmme fiewwork, s on sboula o eag 8/ yy `a F4 q 5K=r$rj IhW anC tlelss:ea—Profes�srnx:el Lanasg �y oto ""f� '�', # re s&ECs awe 00 NOW • _ I k F 1 Q— . .'""H. ;o ya Legend Property Boundary Potentially Jurisdictional Perennial Stream - Potentially Jurisdictional Intermittent Stream Potentially Jurisdictional Pond Potentially Jurisdictional Wetland Potential50' Neuse River Buffer 2' Contours Detailed Delineation of Waters of the US s� L m —� r-9 omy Nergrt[o mgm.— ryes a�—nyor Ali- '90 } ""W'64V .. f r<G I A li+ `d Project No. Scale: Aerials from Wetland Sketch Map 1359.W1 1"=150' NC One Map (post NCDWR) 0 150 300 600 Soil & Environmental Consultants, PA i i i Winston Pointe �ro�s�.�N ,b .n�:��:��oo.r :c9 Feet Project Mgr.: �.�a„ Steven Ball 8/13/2021 Prepele by:GN (SE of Winston Road) 0 DocuSign Envelope ID: FDD122C5-8521-473D-A29A-9DA7891596B3 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Central Carolina Realty Inc. 319 Chapanoke Road, Suite 102 Raleigh, NC 27603 NORTH CAROLINA Environmental Quality November 19, 2021 Subject: Buffer Determination Letter NBRRO 921-371 Johnston County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name Winston Pointe Address/Location Winston Road, Clayton Stream(s): White Oak Creek Determination Date: November 18, 2021 Staff: Stephanie Goss DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA oepammeMotenwmmemmousi1- /`� 919.791.4200 DocuSign Envelope ID: FDD122C5-8521-473D-A29A-9DA7891596B3 Winston Pointe Johnston County Page 12 Feature VIM S Subject (� Subject Start @ StopSoil @ Survey USGS Topo A X Throughout property boundary X X B X Throughout property boundary X X C X Flag SO1 Flows into A X X D X Flag SB 100 Flows into C X E X Pond 2 Flows into A X X F X Off property Flows into B X G: White Oak Creek X Throughout property boundary X X H X Throughout property boundary X X J X Throughout property boundary" * X X K X Throughout property boundary X L X Throughout property boundary" * X X O X Throughout property bo dary X X P X Flag KMS03 I Flows into O X X R X Not present 50 feet from property boundary X S X X T X Throughout property boundary X Pond 1 X X X Pond 2 X X X Z X Feature not evaluated X X **During the site visit on November 18, 2021, Streams J and L are contained inside a wetland complex. (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not beat 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 streams 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. Ifsending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. DocuSign Envelope ID: FDD122C5-8521-473D-A29A-9DA7891596B3 Winston Pointe Johnston County Page 13 This determination is final and binding unless, as detailed above, unless 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 Stephanie Goss at (919) 791-4256. Sincerely, DocuSigned by: Sc,�t /Uix�-e-�n, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy/Laserfiche Steven Ball, Soil and Environmental Consultants, PA (via email) DocuSign Envelope ID: FDD122C5-8521-473D-A29A-9DA7891596B3 NoB WaB NOB N Vto YMaB Fu11 Z (not evaluated) yoq fL A Noe K Mae GoA Fi Woe A BOA COR Wakfnu W i 6D G (White Oak Creek i � - P ,�aoe FuA'. Pond 2 NoA GE 1 W08, mm A - hic 7 E Pond ' Iz Woo P fOBGoA . wo8 wo8 E- ° �l wob p A f—� wVOD + A Wa8 ~/ NaB Waf3 � � _ � Bh God caB' E;k: 'NnB { woo CI � 14 1NpV R Cos p R �if�Do - - �- WoB 3 Pam • F. GOA COP 41� Wa8 GOp y NoB Wae of NoB NcaA Nub 77/ B f �_ hLY r UldB N ❑b. VC Ic "Cr"k�dOrl 3 r•-' Project Number: Map Title 1359.W1 0 1,540 3,000 Figure 2 - Soil Survey Project Manager: I I I I I I I I SB Winston Point Feet Scale- 1 " = 1500' : Source: Johnston COUriiy 5Oil Soil a EnwifO11I11Cnta,� Curi.sultants, PA Date ..�7*.. 06/04/2021 Survey Sheets 01 & 13 (inset) rs..,�... n .r�rc 7ai,•fY., nl, ra,ro•�. Camden Brunick From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Tuesday, December 21, 2021 3:24 PM To: Kevin Murphrey Subject: FW: SAW-2021-02303 (Central Carolina Reality Inc / Winston Road / Clayton NC / Johnston County) Please see the message below. Thanks, Jho From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Friday, October 22, 2021 3:18 PM To: Kevin Murphrey <kmurphrey@sandec.com> Cc: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>; Thames, Joyce A CIV USARMY CESAW (USA) <Joyce.A.Thames@usace.army.mil> Subject: SAW-2021-02303 (Central Carolina Reality Inc / Winston Road / Clayton NC / Johnston County) Good Afternoon, Your JD request has been received, assigned action ID SAW-2021-02303 and forwarded to Mr. Chris Hopper for further processing. Please refer to the action ID in all correspondence. Thank you, Josephine Schaffer From: Kevin Murphrey <kmurphrev@sandec.com> Sent: Friday, October 22, 2021 2:12 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: Steven Ball <sball@sandec.com>; Josh Harvey <jharvey@sandec.com>; Mason Montgomery <mmontgomerv@sandec.com> Subject: [Non-DoD Source] S&EC-Winston Point_PJD Request Good Afternoon, attached is a large site located off Winston Road near Clayton, NC. 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III illlVil"'11111� — .•` I1>I\�V$M1' li\��.;/�`� I / 0I NNr�ll 41 Il♦ "vrl 1 ,� ,.rli�li Iilillii\�`�s1 g„�' 11J \ o,�,\U' ice' szz S- 1,I,ryly f,, ii-lll� �I �` mg 00 ,II�m I r --� ova ooz + I— _LLaN�Uam�s%��m JIPI�I/�I�II'I//� > 1�, I ul llom��w� nll���� i s+ ��ml/ 1 � �1 aN I lo�� --�i.3n� o XX i J / �/ �/III//l il.,... '>. ✓ '�" �� '� ,� I II /��yl� I _'� '^'a � \ i \ \ � 1— /l/�i. irpr°2vI� r�� I I u pie R, n � I I I I — — J I I I I \ 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 October 26, 2021 Raleigh Field Office S&EC Project No: 1359.W6 P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Winston Pointe, Clayton — Johnston 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 October 26, 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. Winston Pointe (35.638173,-78.506792). The site is located north and south of Winston Road, Clayton — Johnston 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(asandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. Overall Impact Map (South) 2. S&EC T&E Species Report 7. FWS Official Species List 3. Vicinity Maps 8. NIP Report 4. S&EC Photo Report 9. FWS Species Conclusion Table 5. Overall Site Plan (North) 10. FWS Self -Certification Letter Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com October 26, 2021 S&EC Project No.: 1359.W6 To: Terramor Homes Attn: Jon Holtvedt 10617 Lowery Drive Raleigh Raleigh, NC 27615 Re: THREATENED & ENDANGERED SPECIES REPORT Winston Pointe (+/- 410 acres) North & South of Winston Road, Clayton, Johnston County, NC Dear Mr. Holtvedt: On October 6, 2021, Soil & Environmental Consultants, PA (S&EC) finished the evaluation for the Winston Pointe property shown on the attached maps for potential endangered species. The property is located north and South of Winston Road in Johnston County, NC. Surface waters on -site flow into White Oak Creek (Austin Pond) 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 C; 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. Winston Pointe- S&EC Threatened & Endangered Species Report Page 1 of 6 October 26, 2021 S&EC Project #1359.W6 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis), Endangered • Neuse River Waterdog (Necturus lewisi), Proposed Threatened • Carolina Madtom (Noturus furiosus), Proposed Endangered • Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered • Yellow Lance (Elliptio lanceolate), Threatened 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 two managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. This site has been logged. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. NEUSE RIVER WATERDOG (Necturus lewisa1: 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. Winston Pointe - S&EC Threatened & Endangered Species Report Page 2 of 6 October 26, 2021 S&EC Project #1359.W6 Our preliminary survey concluded that potential suitable habitat does exist on -site, however there are no proposed impacts to White Oak Creek, or the adjacent floodplain. The other perennial streams onsite were +/- 5 feet wide with medium baseflow and had a sandy cobble substrate. Due to these observations, we have concluded that the project would have "No effect" on the Neuse River Waterdog. 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, however there are no proposed impacts to White Oak Creek, or the adjacent floodplain. The other perennial streams onsite were +/- 5 feet wide with medium baseflow and had a sandy cobble substrate. Due to these observations, we have concluded that the project would have "No effect" on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masona): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Winston Pointe - S&EC Threatened & Endangered Species Report Page 3 of 6 October 26, 2021 S&EC Project #1359.W6 Our preliminary survey concluded that potential suitable habitat does exist on -site, however there are no proposed impacts to White Oak Creek, or the adjacent floodplain. The other perennial streams onsite were +/- 5 feet wide with medium baseflow and had a sandy cobble substrate. Due to these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does exist on -site, however there are no proposed impacts to White Oak Creek, or the adjacent floodplain. The other perennial streams onsite were +/- 5 feet wide with medium baseflow and had a sandy cobble substrate. Due to these observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. YELLOW LANCE (ElHO& lanceolata): S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized rivers and small creeks with excellent water quality. This species typically lives in streams with clean, coarse sand, and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does exist on -site, however there are no proposed impacts to White Oak Creek, or the adjacent floodplain. The other perennial streams Winston Pointe - S&EC Threatened & Endangered Species Report Page 4 of 6 October 26, 2021 S&EC Project #1359.W6 onsite were +/- 5 feet wide with medium baseflow and had a sandy cobble substrate. Due to these observations, we have concluded that the project would have "No effect" on the Yellow Lance. 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). We strongly recommend requesting a concurrence letter from the FWS. Winston Pointe - S&EC Threatened & Endangered Species Report Page 5 of 6 October 26, 2021 S&EC Project #1359.W6 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. Winston Pointe Overall Site Plan (North) 6. Winston Pointe Overall Impact Map (South) 7. 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. September 10, 2021. 8. NHP report: September 10, 2021. 9. S&EC — FWS Species Conclusion Table. October 26, 2021. 10. S&EC — FWS Self -Certification Letter. October 26, 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 (IPaQ & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version 1.2. March 2017. Atlanta, GA. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -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-waterdog/ Winston Pointe - S&EC Threatened & Endangered Species Report Page 6 of 6 [ ' CAN LN A:IK V/_ ti � a fitNO G 30 LS 70 s" 3pp 42 a BORNEAN DR r� jOHNSON ESTATERD ASPURR DR,---"]—�M4 \ -VI AC Cenntte.r for Geographic Information & Analysis, Project Number: USGS Map Map Title: N 1359.W6 0 1,500 3,000 Project Manager: I I I I I I I I $B Winston Point Feet Scale: 1 " = 1500' Source: USGS 2019 Garner & Soil & Environmental Consultants, PA Date: 8412 F.lh of X— &a.d Sidle 104. I.L i& \C 27613 • Phac! (919) 846-3W- F.: (919) 10/26/2021 Clayton �^ WoB ? COB NoB WoB ticB WoD WoD WoB �-Q NoA VrB Nobs` WoB FuA °ki Wo3 VrB WoD. ! 00 dog . iV / V!b , W/ WoB �/ Nob NoA �FuA WoD MaB . � ,� WoD 0WQB WOD �pP . �^ MaB GoA ' 3 Wt WoD - _ _ E, WoD �— WoB BOA'; COB WoD WoD Ma8 .�. j WoB 4 �, �. WoB WoB j� ur .i WoDM. WoB nF FuA_ ' ' . 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Legend Property Boundary Potentially Jurisdictional Perennial Stream Potentially Jurisdictional Intermittent Stream Potential 50' Neuse River Buffer Potentially Jurisdictional Pond Potentially Jurisdictional Wetland Did not evaluate N' • Ilk Ilk Project No. Scale: 1359.W6 1" = 150' A.H.I. from NC On. 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LU , • tV LU ��aY»7)Tt�S ■ •�• OF,T , , *of ivLU LU LL. ✓/r r LL RUN— Lu . ��.e�`�► 0 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: September 10, 2021 Consultation Code: 04EN2000-2021-SLI-2193 Event Code: 04EN2000-2021-E-04502 Project Name: Winston Pointe 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 09/10/2021 Event Code: 04EN2000-2021-E-04502 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. 09/10/2021 Event Code: 04EN2000-2021-E-04502 Attachment(s): • Official Species List 09/10/2021 Event Code: 04EN2000-2021-E-04502 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 09/10/2021 Event Code: 04EN2000-2021-E-04502 2 Project Summary Consultation Code: 04EN2000-2021-SLI-2193 Event Code: Some(04EN2000-2021-E-04502) Project Name: Winston Pointe Project Type: DEVELOPMENT Project Description: This project is located at Winston Road, Johnston County, NC and is approximately 410 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(@35.6471997,-78.51248276906016,14z Counties: Johnston County, North Carolina 09/10/2021 Event Code: 04EN2000-2021-E-04502 3 Endangered Species Act Species There is a total of 7 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 09/10/2021 Event Code: 04EN2000-2021-E-04502 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Threatened available. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Yellow Lance Elliptio lanceolata 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/4511 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. ■morn NC DEPARTMENT OF ■ti.{ ■n NATURAL_ AND CULTURAL RESOURCES ■ ■Z■ September 10, 2021 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Winston Pointe; 1359.W6 Dear Robert Zarzecki: Rey Cooper, Governor D. Reid Wilson, 5eeretary Waiter Clark Director, Division of land and Water Stewardship NCNHDE-15680 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at 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 MAIL SERVICE CENTER. 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(a m o� N- � N N .o (a i ca (g N� 70 -� (a (B -� o O �, co o' � Z z U Q Fz D Q �-�g m z Z ZE U U a) O to (B a) a) 0 O cu Q 0) O c Q � E O �+ L O to cu O cu a% cu cu E � O a)f? E E O -r- (B c a) � U C cu N O N Co N N O U N O m 0 N m United States Department of the Pro] ect Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: October 26, 2021 Self -Certification Letter Winston Pointe Dear Applicant: IN n.' a wn.nut-c gumv IVE Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at 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 Camden Brunick From: Mason Montgomery Sent: Thursday, November 11, 2021 10:36 AM To: Raleigh, FW4 Subject: Winston Pointe T&E Submittal Attachments: S&EC Winston Pointe T&E Report Signed.pdf Hello, Attached is the threatened and endangered species report for the Winston Pointe project located in Johnston County, NC. S&EC is submitting for concurrence. Please 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, INC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmonteomerv(@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. fires EBX Buffer Mitigation Banks Statement of Availability December 21, 2021 NC Division of Water Resources Stephanie Goss 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Winston Pointe This document confirms that the DR Horton — Terramor LLC (Applicant) for the Winston Pointe (Project) has expressed an interest to utilize 10,856 Square Feet of Riparian Buffer Mitigation Credits from one or both of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that will be debited will either be Buffalo Branch, Bucher, Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle and/or Hatley, all located in HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 854.900.3222 or dlach&res.us if you have any questions or need additional information. Best Regards, David Lach Resource Environmental Solutions, LLC 701 E. Bay Street, Suite 306 Charleston, SC 29403 Bank Sponsor — EBX-Neuse I, LLC or Environmental Banc & Exchange (EBX) fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability December 21, 2021 U.S. Army Corps of Engineers Chris Hopper Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Winston Pointe This document confirms that DR Horton — Terramor LLC (Applicant) for the Winston Pointe (Project) has expressed an interest to utilize 0.31 Riparian Wetland Mitigation Credit from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically wetland credits from the Blackbird Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 854-900-3222 or dlach(a�res.us. Best Regards, OEM - N R-M -M.-I 0 David Lach Resource Environmental Solutions, LLC 3117 Whiting Avenue, Suite 201 Charlotte, NC 28205 fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability December 21, 2021 U.S. Army Corps of Engineers Chris Hopper Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Winston Pointe This document confirms that DR Horton — Terramor LLC (Applicant) for the Winston Pointe (Project) has expressed an interest to utilize 356.00 Riparian Stream Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically stream credits from the Bucher Site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 854-900-3222 or dlach(a�res.us. Best Regards, David Lach Resource Environmental Solutions, LLC 3117 Whiting Avenue, Suite 201 Charlotte, NC 28205