HomeMy WebLinkAbout20220143 Ver 1_ePCN Application_20220125fr.,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)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
Version#*
20220143
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Floyd Landing
1a. Who is the Primary Contact?*
Jeff Harbour
1 b. Primary Contact Email:
jeff.harbour@terracon.com
Date Submitted
1 /25/2022
Nearest Body of Water
Reedy Branch
Basin
Neuse
Water Classification
QNSW
Site Coordinates
Latitude:
35.54072
A. Processing Information
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Longitude:
-78.38001
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1c. Primary Contact Phone:*
(919)805-4208
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: 29 - Residential Developments
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
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:
See attachment
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
see attachment
Address Line 2
City
see attachment
Postal / Zip Code
see attachment
2e. Telephone Number:
(919)805-4208
2g. Email Address:
jeff.harbour@terracon.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
see attachment
Country
see attachment
2f. Fax Number:
Yes No
Yes No
U
3. Applicant Information (if different from owner)
3a. Name:
Andrew Ross
3b. Business Name:
Floyd Landing Holdings, LLC
3c.Address
Street Address
PO BOX 1328
Address Line 2
City
Cary
Postal / Zip Code
27512
3d. Telephone Number:
(919)460-3027
3f. Email Address:"
and few. ross@floyddevelopment.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Rd. Suite 107
Address Line 2
City
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(919)8054208
4f. Email Address:
jeff.harbour@terracon.com
C. Project Information and Prior Project History
1. Project Information
State / Province / Region
NC
Country
US
3e. Fax Number
State / Province / Region
NC
Country
US
4e. Fax Number
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Smithfield
2. Project Identification
2a. Property Identification Number: 2b. Property size:
+/- 180
2c. Project Address
Street Address
US Highway 70 Business West
Address Line 2
City State / Province / Region
Smithfield NC
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Reedy Branch
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.
030202011007
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
Existing land is undeveloped and consists of former agriculture and pasture. Much of the site is wooded in the floodplain area. Several farm roads exist as well s several former single
family residences. Surrounding area is residential and agricultural primarily.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
55
4g. List the total estimated linear feet of all existing streams on the property:
7000
4h. Explain the purpose of the proposed project:
The project entails development of residential community with single family homes and townhomes. The project will serve the housing needs of this portion of Johnston County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will entail two road crossings, one of which will incur a stream and wetland impact. The other road crossing will be spanned and have no stream impact. Minor wetland fill is
needed for a small area that must be graded for a parking area/road. No indirect impacts are anticipated as hydrology will be maintained at the stream impact location to allow for flow and
aquatic life movement. ESC devices will prevent sediment and erosion problems. Typical equipment will be used such as graders, dump trucks, bulldozers, etc.
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-2021-00788
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): J Harbour, R Graham
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Email verification from USACE 10/26/2021
DWR buffer determination letter dated 6/1/2021 (NBRRO #21-111)
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Not anticipated
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
Impact #2
2a1 Reason (?)
road/parking
2b. Impact type*(?)
P
2c. Type of W.
Headwater Forest
2d. W. name*
W6
2e. Forested"
Yes
rf,Type of Junsdicition *
Both
area *
0.107
(acres)
Impact #2
road/parking JT
Headwater Forest
W6
Yes
Both
0.006
(acres)
2g. Total Temporary Wetland Impact
0.006
2g. Total Wetland Impact
0.113
21. Comments:
The 0.107 acre of wetland impact does trigger compensatory wetland mitigation.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.107
11
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name* ��3e.
Stream Type*
3f. Type of
3g. S. width*
31h. Impact
(?)
Jurisdiction*
length*
S1
road crossing
Permanent
Culvert
T 10
Perennial
Both
193
Average (feet)
(linear feet)
g2
road crossing
Permanent
Rip Rap Fill
T 10
Perennial
Both
55
Average (feet)
(linear feet)
S3
road crossing
Temporary
Dewatering
T 10
Perennial
Both
10
Average (feet)
(linear feeQ
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
248 10
3i. Total stream and ditch impacts:
258
3j. Comments:
The 55 ft of rip rap will be embedded into the substrate resulting in no net loss of stream bed
Stream bed impact is 723 SF loss, 182 SF embedded rip -rap (no loss), and 41 SF temporary impact from dewatering for construction of the road
crossing. Total stream impact does not trigger stream mitigation
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6C Zone 1 impact
6g. Zone 2 impact
Allowable with mitigation
P
UT to Reedy Branch
Yes
15,027
7,254
Allowable with mitigation
P
UT to Reedy Branch
Yes
671
447
Deemed Allowable
P
UT to Reedy Branch
No
2,299 11
1,597
Allowable with mitigation
P
UT to Reedy Branch
Yes
627
456
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 18,624.00
9,754.00
Zone 1
Zone 2
Total combined buffer impacts: 18,624.00
9,754.00
61. Comments:
Zone 1 impacts requiring mitigation: 16,325 SF Zone 2 impacts requiring mitigation: 8,157 SF
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been designed to avoid and minimize impacts to aquatic resources by crossing features in a perpendicular manner using a culvert and
and by by spanning a stream for a pedestrian crossing resulting in not impact tot he stream. One minimal wetland impact results from grading for a
parking lot.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Spanning the stream with a bridge for the pedestrian crossing avoids a direct impact, embedding rip -rap into the stream bed substrate at the road
crossing does not result in a loss of stream bed while still providing stabilization. ESC measures will be strictly used during all phases of construction. In
regards to the wet ponds, they are being designed to per the NCDENR BMP Manual to treat the 1st inch of runoff. In addition the release rate for the
post -developed peak flow rate for the 2-year storm will be at or below the pre -developed peak flow rate.
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:
Falling Creek Stream and Wetland Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland .11 ac
Riparian buffer 24482 sf
3c. 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 11 NSW USMP Water Supply
U
Please identify which local government stormwater program you are using.
Johnston County will review plans
Comments:
In regards to the wet ponds, they are being designed to per the NCDENR BMP Manual to treat the 1st inch of runoff. In addition the release rate for the post -developed peak flow rate for
the 2-year storm will be at or below the pre -developed peak flow rate.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
Project has no reasonable means to drive further development
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
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
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP mapping and USFWS IPACS online tool. Project should have no detrimental effect on the critical habitat of Swift Creek. The stormwater is being
managed by wet ponds and will not discharge into Swift Creek. In regards to the wet ponds, they are being designed to per the NCDENR BMP Manual
to treat the 1st inch of runoff. In addition the release rate for the post -developed peak flow rate for the 2-year storm will be at or below the pre -developed
peak flow rate. Terracon is also completing an online project review that will be submitted to USFWS-Raleigh office to initiate potential Section 7
consultation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
NOAA EFH mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
http://gis.ncder.gov/hpoweb/ One house is reported as being located on the opposite side of US 70. see attachment
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplairl
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood maps
Miscellaneous
U
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
Floyd Landing PCN Supporting Documentation.pdf 9.42MB
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:
Jeff Harbour
Signature
09e�MII,t
Date
1/25/2022
QProject Study Area DATASOURCES:
0 2,000 4,000 USGSTopo tile base map service of The National Map
(TNM), data refreshed May 2020; Project Study Area
Feet approximated from Johnston County Parcel data.
PM: JH
Project No.
70217159
Irerracon
Potential Wetlands and Waters
EXHIBIT
No.
Drawn By:
KT
Scale:
1 in = 2,000 ft
US 70 Business Assemblage
Johnston County,
North Carolina
Checked By:
RG
Filename:
Fig_topo.mxd
Approved By:
JH
Date:
May 2021
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
phone: (919) 873-2211 Fax: (919) 873-9555
N_ r
Uld
NW
ry -
i;rA ^� �+,.
. I GoA
�NOD N nE
afill
4t Ly.
r
L,y
.� CL.
.. ° : a NoA
Ud �� E
NoO
Fit
4MA��.
AaA
s
Soil Mapping Units a, _
AaA Altavista fine sandy loam, 0-2% slopes, occasionally flooded x�
Bb Bibb sandy loam, frequently flooded
CoB Cowarts loamy sand, 2-6% slopes `-h
GoA Goldsboro sandy loam, 0-2% slopes
NnD Nason silt loam, 8-15% slopes k
NnE Nason silt loam, 15-25% slopes~—
NoA Norfolk loamy sand, 0-2% slopes.a'� _
NoB Norfolk loamy sand, 2-6% slopes
Ra Rains sandy loam _ A S,A
Tn Toisnot loam, 0-2% slopes-.,_. ti; ,SA
UcB Uchee loamy couse sand, 2-6% slopes WNt
Wh Wahee loam, occasionally flooded AaA
Wt Wehadkee loam, occasionally flooded
Ww Wehadkee-Chastain association, frequently flooded
a
Qy Pro ect Stud Area DATA SOURCES:
NRCS Soil Survey of Johnston County, 1994; Projecto
0 1,000 2,000 Study Area approximated from Johnston County Parcels.
Feet N
Q
m
'O
PM:
JH
Project No.
70217159
Irerracon
NRCS SOUS
EXHIBIT
NO.
Drawn By:
KT
Scale:
1 in = 1,000 ft
US 70 Business Assemblage
Johnston County,
North Carolina
2
Checked By:
RG
Filename:
Fig_soils.mxd
Approved By:
JH
Date:
May 2021
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
phone: (919) a7s-2211 Fax: (919) 87s-ssss
w
Project Study Area - Potential Ditch
DATA SOURCES:
SPotential Wetland - Potential Tributary W-t High -Resolution NC Stat—d.
Orlhoimagery, NC O.Mep Server;
® Potential Non -Wetland Waters (Surface Water) 0 200 400 2017n en Conn6o.nd.ry�ihasetl en
Juho Neg�e Ri er
Feet ea�in
E
pr°iecl "°.
7ozm ss
Potential Wetlands and Waters
EXHIBIT
NO.
Drawn By:
KT
Irerracon
US 70 Business Assemblage
Johnston County,
3
Checked By: RG
North Carolina
Date: May 2021
2401 Brentwood Road, Suite 107 Raleigh, NC27604
phone: (919) 673-2211 Fax: (919) 673-9555
Harbour, Jeff W
From: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Sent: Tuesday, October 26, 2021 3:58 PM
To: Harbour, Jeff W
Cc: Graham, Rhiannon J
Subject: RE: SAW-2021-00788 (US Highway 70 Business / Smithfield NC /Johnston County)
Forgive my delay, Jeff — it's abnormally busy right now even for our office. Allow me to give Rhiannon a shout -out too;
she's been persistent in trying to get my attention on this one despite my failures to respond. My sincere apologies,
Rhiannon. For whatever its worth, it's the consultants I don't trust that get my full attention.
I would normally insist on visiting to review the pond (being Bibb soils so close to the stream it may have been a wetland
area they just built a dam around), but due to my delay will take your professional judgement on it. If you guys are okay
kicking this can down the road, I'll use your determinations when processing the permit.
A note of caution though — being so close to Swift Creek, please be aware that the USFWS has been giving their
undivided attention to projects that disturb streams and wetlands in this watershed. Definitely encourage your team to
go the extra mile in designing any unavoidable impacts.
Regards,
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
O: (919) 554-4884, Ext. 35
M: (919) 588-9153
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https:Hregulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.
From: Harbour, Jeff W <Jeff.Harbour@terracon.com>
Sent: Friday, October 22, 2021 11:29 AM
To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Cc: Graham, Rhiannon J <Rhiannon.Graham@terracon.com>
Subject: [Non-DoD Source] FW: SAW-2021-00788 (US Highway 70 Business / Smithfield NC / Johnston County)
Chris,
I am attaching a Rapanos form to replace the NWPR form originally submitted for the upland pond on this site. The
attached figures identify this area as an upland pond and is based on guidance I received from Mickey Sugg and Liz Hair
on a similar situation just las week. Let me know if you are able to issue the JD for this site with this info. We are close
to being ready to submit a PCN so if you prefer to wait till then just let me know.
Thanks
Jeff Harbour, PWS
Senior Scientist — Natural Resources
Terracon Consultants, Inc.
2401 Brentwood Rd., Suite 1071 Raleigh, North Carolina 27604
D (919) 547-1080 1 M (919) 805-4208
ieff.harbour(c).terracon.com I terracon.com
From: Graham, Rhiannon J
Sent: Friday, October 15, 2021 10:09 AM
To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Subject: FW: SAW-2021-00788 (US Highway 70 Business / Smithfield NC / Johnston County)
Hey Chris,
Can we set a date for this project?
Thanks
Rhiannon Graham
Staff Scientist I Natural Resources
Terracon
2401 Brentwood Rd., Suite 1071 Raleigh, NC 27610
D (919) 457 11101 F (904) 470 2112 1 M (760) 717 2621
rhiannon.graham(c).terracon.com I terracon.com
From: Graham, Rhiannon J
Sent: Friday, August 27, 2021 3:00 PM
To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Subject: FW: SAW-2021-00788 (US Highway 70 Business / Smithfield NC / Johnston County)
Hi Chris,
Can we set a date for a site visit for this?
Thanks
Rhiannon Graham
Staff Scientist I Natural Resources
Terracon
2401 Brentwood Rd., Suite 1071 Raleigh, NC 27610
D (919) 457 11101 F (904) 470 2112 1 M (760) 717 2621
rhiannon.graham(c).terracon.com I terracon.com
From: Graham, Rhiannon J
Sent: Tuesday, May 25, 20214:54 PM
To: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil>
Subject: FW: SAW-2021-00788 (US Highway 70 Business / Smithfield NC / Johnston County)
Hi Chris,
Can we schedule the site visit for this in the near future? I am attaching updated figures, 10 acres has been added to this
site (Johnston County PIN: 15078012).
Thanks
Rhiannon Graham
Field Scientist I Natural Resources
Terracon
2401 Brentwood Rd., Suite 1071 Raleigh, NC 27610
D (919) 457 11101 F (904) 470 2112 1 M (760) 717 2621
rhiannon.praham(djerracon.com I terracon.com
From: RaleighNCREG <RaleighNCREG@usace.army.mil>
Sent: Wednesday, April 14, 2021 8:30 AM
To: Graham, Rhiannon J <Rhiannon.Graham@terracon.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-2021-00788 (US Highway 70 Business / Smithfield NC / Johnston County)
Good Morning,
We have received your Approved Jurisdictional Determination (AJD) request. We have assigned the request
file number SAW-2021-00788 and forwarded it to Mr. Chris Hopper for further processing.
Please refer to this file number in all correspondence.
Thank you,
Josephine Schaffer
From: Graham, Rhiannon J <Rhiannon.Graham@terracon.com>
Sent: Saturday, April 10, 2021 9:55 AM
To: RaleighNCREG <RaleighNCREG@usace.army.mil>
Subject: [Non-DoD Source] Johnston County, PJD,AJD, US 70 Business Assemblage Site
Hello,
Please find the PJD/AJD package attached for the US 70 Business Assemblage Site.
Kind Regards,
DocuSign Envelope ID: 896E8888-E588ACDA-9832-CD1A15A9ED7A
ROY COOPER
Governor
DIONNE DELLI-GATTT
5ecrerary
S. DANIEL SMITH
Director
NORTH CAROLINIA
Environmental Quality
June 1, 2021
Elizabeth G. Batten, Joyce Martin Gourley, Faye T. Barnes Revocable Trust
C/O: Carolina Land Group, LLC
341 Kilmaryne Drive, Ste 201
Cary, NC 27511
Subject: Buffer Determination Letter
NBRRO #21-111
Johnston
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico 05A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or inted uri sd iction a[ projects)
Project Name
Address/Location
Stream(s)-
May 26, 2021:
US 70 Business Assemblage
2227 US Hwy 70 Business, Smithfield, NC 27577
Swift Creek and UTs to Swift Creek
Staff: J. Chris Smith
DWR
Terracon
E/1/Pltl
Not
Subject
Start @
Stop @
Soil
USGS
Feature
Feature
Subject f�1
Survey
To u
Start: Intersection of Project boundary and
North shore of Beaver impoundment
A
TA
I
X
DWR (35.543325,-78.382351)
X
x
Terracon (35.54335,-78.38239)
Stop: Feature C Swift Creek
B
TB
I
x
Present Throughout
X
C
TC
P
x
Present Throughout
x
X
Start: DWR FIag (35.536347,-78.376975)
D
TD
I
X
Terracon: (35.53654,-78.37702)
x
Stop; Feature C Swift Creek
(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.
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200
DocuSig n Envelope 113: 996E8888-E588-4CDA-9832-CDIA15A9ED7A
US 70 Business Assemblage
Johnston
June 1, 2021
Page 2 of 2
Explanation: The streams)/pond(s) listed above has 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 feature that is checked "Not Subject' has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and 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. A
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. Ifsending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitfing Unit; 512 N. Salls6ury Street,
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 4041401 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 J. Chris Smith at (919) 791-4257.
Sincerely,
CP6 Vt
ao�cyuy8�lpn/��d�Ay-:
A� W9W1.
8CPA6 50¢A4
Scott Vinson, egional"Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: PRO DWR File Copy
Laserfiche
Contact via e-mail at rhiannon. rg ahamira].terracon.com
or�w�n�N l� n.�.w�AuaR�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 1 1628 Mail Service Center j Raleigh, North Carolina 27699-1628
919.791.4200
21-111
Featu
Legend:
-Approximate Site Boundary:
Approximate Start/Stop Point
US 70 Business Assemblage
Johnston
„�5rn7Fa Map provided by NCDEQ
9 d� Division of Water Resources
Locations are approximate
and are provided far refer-
•� ence only ::
Qom.
d�.SiA�a Map provided by NCDEQ
,r �n Legend: Division of Water Resources
�+
-Approximate Site Boundary: Locations are approximate
and are provided for refer-
-Approximate Start/Stop Paint ence only
* '�� M �' ::
E Property/Site: _ d _ttw#MA"_'_.-
E
A. 47677..... .
Parcel Identification Number (PIN): 1SQ'?7Q .5'�
Owner Information:
Address: SO&, 64
Telephone Number:
E-mail Address:
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties Identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and Issuing a determination
associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section
404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Terracon, as designated by the current property owner, Is the authorized consultant to coordinate,
schedule, and provide supplemental information to both agencies In support of this verification
and/or permit application.
Property Owner Signature:
Date: 03/08/2021
Tencon Consullaote Inc. 2401 Brenlwood Road, Suite 107, Raleigh, NC 28208-3808
P:919-873.2211 F:919.813.9555 lerracon,oan
dotloop signature verification: dtlp.us/g3lq-4GFK-IK26
USACE/NCDWR Agent Authorization Form
Property/Site: wrk- a cv.-�'
Address of Site: us 14 WY 70 DU
Sm.4-ReW, AL a7$77
Parcel Identification Number (PIN): l SO 74 014
Owner Information:
Name:
Address:
Telephone Number:
E-mail Address:
Stizaise�� � • 6c
l+urL02aa AIC, 21YOb
I re racan
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a determination
associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section
404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Terracon, as designated by the current property owner, is the authorized consultant to coordinate,
schedule, and provide supplemental information to both agencies in support of this verification
and/or permit application.
Property Owner Signature:
Date:
dotloop verified
MCHU-VVVPQ-D RCS5.,
03/04/2021
Terracon Consultants Inc. 2401 Brentwood Road, Suite 107, Raleigh, NC 28208-3608
P:919-873-2211 F:919-873-9555 terracon.com
USACE/NCDWR Agent Authorization Form
Property/Site: 13GRAJP 5z
Address of Site: a A Ri U 5! W Y 70 QuS
Parcel Identification Number (PIN): 15077035H
Owner Information:
Name:
Address:
Telephone Number:
E-mail Address:
�a a �• ►c fzr.�o Gc� Ic �W�.ca �`
��ti T f3�nwy 'T1ua� ..
133 2
Sw.." trAd AIL •?7 S 3Z, 133 X
Irerracon
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a determination
associated with Waters of the U.S (WOTUS) subject to Federal/State jurisdiction under Section
404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Terracon, as designated by the current property owner, is the authorized consultant to coordinate,
schedule, and provide supplemental information to both agencies in support of this verification
and/or permit application.
Property Owner Signature:
Date:
Terracon Consultants ]nc. 24V Brentwood Road, Suite 107, Raleigh, Nc 28208-3608
x . PA19.873-2211 F:919-873-9555 terracon-com
__
1/18/22, 9:37 AM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
WaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but that
could potentially be directly or indirectly affected by activities in the project area. However,
determining the likelihood and extent of effects a project may have an trust resources typically
requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific
(e.g., magnitude and timing of proposed activities) information,
Below Is a summary of the project Information you provided and contact Information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each
section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands)
for additional information applicable to the trust resources addressed in that section.
Location . G.
Johnston County, North Carolina
Jeh ino b n
Caant,
AwFp 11
S
rr
Local office
Raleigh Ecological Services Field Office
k. (919) 856-4520
lia (919) 856-4556
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
G�NJ
PHYSICAL ADDRESS
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 1 /11
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IPaC: Explore Location resources
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
0O�
0
G
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 2/11
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IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas
outside of the species range if the species could be indirectly affected by activities in that area
(e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site,
may indirectly impact the species by reducing or eliminating water flow downstream). Because
species can move, and site conditions can change, the species on this list are not guaranteed to
be found on or near the project area. To fully determine any potential effects to species,
additional site -specific and project -specific information is often required. \A
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the
area of such proposed action" for any project that is conducted, permitted, funded, or licensed by
any Federal agency. A letter from the local office and a species list which fulfills this requirement
can only be obtained by requesting an official species list from either the Regulatory Review
section in IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesl and their critical habitats are managed by the Ecological Services Program of the
U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and
Atmospheric Administration (NOAA Fisheriesl).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. 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.
The following species are potentially affected by activities in this location:
Birds
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 3/11
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NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME
STATUS
Neuse River Waterdog Necturus lewisi Threatened
Wherever found
There is final Critical habitat far this spec les. Your location overlaps
the critical habitat.
https://ecos.fws.gov/ecplspeci es/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Endangered
W he reve r fo u nd *VWbL
There is final critical habitat for this species. The location of the
critical habitat is not available.
https:Ilecos.fws.govlecplspecies1528
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fvvs.gov/ec p/speci es/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolate Threatened
Wherever found
There is final critical habitat for this species. Your location overlaps
the critical habitat.
https://ecos.fws.gov/ecp/species/4511
Insects
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NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
This location overlaps the critical habitat for the following species:
NAME TYPE
Neuse River Waterdog Necturus lewisi Final
httpa://ecos.fws.gov/ecpL ecies/6772#cri th a b
Yellow Lance Elliptio lanceolata Final
https:Ilecos.fws.govlecplspecies14511 #crithab
\000
Migratory birds em1b
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts. ( N %
3
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1949.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
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The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To
learn more about the levels of concern for birds on your list and how this list is generated, see the
FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every
bird on this list will be found in your project area. To see exact locations of where birders and the
general public have sighted birds in and around your project area, visit the E-bird data mapping
tool (Tip: enter your location, desired date range and a species on your list). For projects that
occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and
abundance of bird species on your list are available. Links to additional information about Atlantic
Coast birds, and other important information about your migratory bird list, including how to
properly interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON IF
BREEDING SEASON IS INDICATED
.............
FOR A BIRD ON YOUR LIST, THE
.... ............. 1.1........ _.......................................................................
BIRD MAY BREED IN YOUR
f' PROJECT AREA SOMETIME
......._................. .
WITHIN THE TIMEFRAME
................
...................._......................._
SPECIFIED, WHICH 1S A VERY
LIBERAL ESTIMATE OF THE
.............
DATES INSIDE WHICH THE BIRD
..... ......... ...........................................................
...... ......
BREEDS ACROSS ITS ENTIRE
RANGE. "BREEDS ELSEWHERE"
------ -- ----------------------------------------- ------ -- ----- --
INDICATES THAT THE BIRD DOES
... _ ............... ................ .....................................................................
NOT LIKELY BREED IN YOUR
...............................
.............................
............................
PROJECT AREA.)
........... ....... _.........._.
Wood Thrush Hylodchla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC} throughout its range
in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
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IPaC: Explore Location resources
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the
week where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was
found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum probability
of presence across all weeks. For example, imagine the probability of presence in week 20 for
the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the
maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25
= 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
40 4�%
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. if there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cells) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
To see a oar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES ]AN FEB MAR APR MAY JUN JUL
AUG SEP OCT NOV DEC
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Wood Thrush
BCC Rangewide
(CON) (This is a
Bird of
...................
Conservation
Concern(BCC)
throughout its
range in the
continental USA
and Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at
any location year round. Implementation of these measures is particularly important when birds are most likely
to occur in the project area, When birds may be breeding in the area, identifying the locations of any active nests
and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely
to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures
or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure
or bird species present on your project site. ►�
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC). and other species
that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKIN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets
and is queried and filtered to return a list of those birds reported as occurring in the 1 Dkm grid cell(s) which your
project intersects, and that have been identified as warranting special attention because they are a BCC species
in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to
offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is
not representative of all birds that may occur in your project area. To get a list of all birds potentially present in
your project area, please visit the AKIN PhenoIogy Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the
Avian Knowledge Network (AKN). This data is derived from a growing collection of survey. banding, and citizen
science datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or
year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide,
or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds
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IPaC: Explore Location resources
guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does
occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore
areas from certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular,
to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern,
For more information on conservation measures you can implement to help avoid and minimize migratory bird
impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The
Portal also offers data and information about other taxa besides birds that may be helpful to you in your project
review. Alternately, you may download the bird model results files underlying the portal maps through the
NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and
Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this Information. For additional information
on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
What if I have eagles an my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the
Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may
be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially
occurring in my specified location". Please be aware this report provides the "probability of presence" of birds
within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided,
please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then
the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no
data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not
perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project
area, when they might be there, and if they might be breeding (which means nests might be present). The list
helps you know what to look for to confirm presence, and helps guide you in knowing when to implement
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 9/11
1/18/22. 9:37 AM
IPaC: Explore Location resources
conservation measures to avoid or minimize potential impacts from your project activities, should presence be
confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures
can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust
resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE IN REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
\.
THERE ARE NO FISH HATCHERIES AT THIS LOCATION
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for
very large projects that intersect many wetland areas. Try again, or visit the NWI map to view
wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of
error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result
in revision of the wetland boundaries or classification established through image analysis.
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 10/11
1/18/22. 9:37 AM
IPaC: Explore Location resources
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping
problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may
be occasional differences in polygon boundaries or classifications between the information depicted on the map
and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions \Q
Federal, state, and Iocai regulatory agencies with jurisdiction aver wetlands may define and describe wetlands in
a different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprieta ryjurisdiction of any Federal, state, or local government or to establish
the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate
federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions
that may affect such activities.
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 11 /11
1/18/22. 9:39 AM
IPaC
IPaC: Explore Location resources
U.S. Fish & Wildlife Service
Neuse River Waterdog Final critical habitat
+
lowered by Esri I Town of Cary, Johnston County, State of North Car
lia (919) 856-4556
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
ASA, EPA, USDA,...
PHYSICAL ADDRESS
https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 1 /11
1/18/22. 9:40 AM
IPaC
IPaC: Explore Location resources
U.S. Fish & Wildlife Service
Yellow Lance Final critical habitat
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MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
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EPA, USDA,...
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https://ecos.fws.gov/ipac/location/4C2ZL6746BFG5A52QTGOMHOMPI/resources 1 /11
1/18/22, 9:26 AM
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JT0759 I Gordon -Fleming House
Site ID
JT0759
Status
SO
Site Name
Gordon -Fleming House
Description
Notes
Local Status
None
Year Survey
1980
Year Survey
2003-2004
Updated
HD status
None
DOE report
or Local Link
County
Johnston
Quad Name
Powhatan
Zoom to
HOLDINGSO
Statement of Availability
January 20, 2022
Floyd Landing Holdings, LLC
Attn: Mr. Andrew Ross
PO Box 1328
Cary, NC 27512
andrew.ross@flovddevelopment.com
RE: Availability of Riparian Wetland Credits for the "Floyd Landing" project
Bank Name: Falling Creek Stream and Wetland Umbrella Mitigation Bank
Bank Site: Falling Creek Mitigation Site
Bank Sponsor: Wildlands Holdings III, LLC
USACE Action ID: 2015-00940
Riparian Wetland Credits Needed: 0.11 acres
Riparian Wetland Credits Available: 3.71 acres
Neuse 03020201 River Basin
Dear Mr. Ross,
Wildlands Holdings III, LLC has the above -mentioned riparian wetland credits from the Falling Creek
Stream and Wetland Umbrella Mitigation Bank: Falling Creek Mitigation Site to satisfy the mitigation
requirements related to the above -mentioned project. The project is located within the service area
(HUC 03020201) of the Bank.
Credits may be reserved for a period of 6 months upon the receipt of a non-refundable deposit of 10%
of the purchase price. Should credits not be reserved, they will be sold on a first come, first serve basis.
Credit prices will be guaranteed for a period of 6 months from the date of this letter and are then
subject to change.
An invoice for this transaction will be sent upon your request and we will reserve the credits and price
for a period of 30 days from invoice. This letter is a Statement of Availability as of the date provided — it
is not a reservation of credits nor a guarantee of price. Credits will be sold on a first come, first serve
basis.
Final transfer of credits will occur upon completion of the Mitigation Responsibility Transfer Form within
the completed 404 permit.
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
(704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional
information.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
HWILDLANGSoi
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
avarsinske@wildlandseng.com
0: (704) 332-7754 ext. 124
M: (757) 572-5269
Cc: Mr. Jeff Harbour, PWS, Senior Scientist — Natural Resources I Terracon Consultants, Inc.
Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
WILDLANDS
HOLDINGS
Neuse 01 Riparian Buffer Credits Statement of Availability
January 20, 2022
Floyd Landing Holdings, LLC
Attn: Mr. Andrew Ross
PO Box 1328
Cary, NC 27512
andrew.ross@flovddevelopment.com
RE: Availability of Riparian Buffer Credits for the "Floyd Landing" project
Bank Name: Old Savannah Nutrient Offset & Buffer Mitigation Bank Parcel
Bank Sponsor: Wildlands Holdings II, LLC
DWR Project Number: 2016-0611
Permittee: Floyd Landing Holdings, LLC
Riparian Buffer Credits Needed: 24,482.00 sq. ft.
Riparian Buffer Credits Available: 59,911.40 sq. ft.
Neuse 03020201 River Basin
Dear Mr. Ross,
Wildlands Holdings II, LLC currently has sufficient Riparian Buffer Credits from the Old Savannah
Nutrient Offset & Buffer Mitigation Bank Parcel to satisfy the Riparian Buffer mitigation requirements
related to the above -mentioned project. The project is located within the service area (HUC 03020201)
of the Bank.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification
Authorization Certificate from the NC Department of Environmental Quality approving the Riparian
Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings II,
LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina
Division of Water Resources and to you for your records
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
(704) 332-7754 x124 or.avarsinske@wildlandseng.com if you have any questions or need any additional
information.
Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
WILDLANDS
HOLDINGS
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
avarsinske@wildlandseng.com
0: (704) 332-7754 ext. 124
M: (757) 572-5269
Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources
Mr. Jeff Harbour, PWS, Senior Scientist — Natural Resources I Terracon Consultants, Inc
Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203
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