HomeMy WebLinkAbout20041488 Ver 9_ePCN Application_20211222fr.,f DW R
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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
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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
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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.
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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!.
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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
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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
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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.
Please let us know when this gets assigned, thanks!
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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
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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
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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. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121
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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)
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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