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HomeMy WebLinkAbout20210932 Ver 1_ePCN Application_20220128DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20210932 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: McLaurin Farm Subdivision 1a. Who is the Primary Contact?* Mungo Homes 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* bclark@mungo.com (919)901-2595 Date Submitted 1 /28/2022 Nearest Body of Water UT to Buckhorn Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.582225 -78.861612 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# 20210932 Pre -fling Meeting or Request Date 5/10/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No 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 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: Clayton Properties Group, Inc./TRDG Mungo Homes 2b. Deed book and page no.: 51.4 KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2c. Contact Person: Brett Clark 2d.Address Street Address 5000 Clayton Rd Address Line 2 City Maryville Postal / Zip Code 37805-5550 2e. Telephone Number: (919)901-2595 2g. Email Address:* bclark@mungo.com 4. Agent/Consultant (if applicable) 4a. Name: Matthew Harrell 4b. Business Name: Carolina Ecosystems, Inc 4c.Address Street Address 3040 NC 42 West Address Line 2 City Clayton Postal / Zip Code 27520 4d. Telephone Number: (703)919-2780 4f. Email Address:* matt.harrell@carolinaeco.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0646161898 2c. Project Address Street Address 0 Burt Rd Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: UT to Buckhorn Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Cape Fear State / Province / Region TN Country United States 2f. Fax Number: State / Province / Region NC Country United States 4e. Fax Number 2b. Property size: 78.93 State / Province / Region NC Country United States 3d. Please provide the 12-digit HUC in which the project is located. 030300040103 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is composed of primarily agricultural use and consists of a mix open fields and wooded areas. The surrounding area is becoming increasingly developed with residential subdivisions and some commercial businesses but remains largely agricultural with large wooded areas. 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: 5.91 4g. List the total estimated linear feet of all existing streams on the property: 2132 4h. Explain the purpose of the proposed project: * Mungo Homes is planning a 62-lot subdivision (McLaurin Farm) in Wake County, NC. The project is located near Fuquay-Varina, NC on Burt Rd and would address the high demand for housing in the region. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed subdivision would consist of 62 lots for single family residences. The lots will be larger in size (greater than or equal to 0.57 acre) and there will be ample open space in the community. There will be one impact to jurisdictional features on the site. The construction of Cobbler View Way would involve the crossing of wetland WB in the southern area of the project. Some of the proposed lots contain wetlands, and as those lots are sold, they will contain restrictive covenants addressing on -property wetlands noting that any impact would require a permit. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2019-00984 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Matt Harrell, Chris Hopper, Preston Butler Agency/Consultant Company: Carolina Ecosystems, Inc Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 05/06/2020 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? The project design includes a full build -out of the site with no additional/future phases. Road connections are provided as required by the County. 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 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Road Crossing P Headwater Forest WB Yes Corps 0.352 (acres) W2 Construction Easement T Headwater Forest WB Yes Fps__] 0.033 (acres) W3 Construction Easement T Headwater Forest WB Yes [Corps 0.026 (acres) 2g. Total Temporary Wetland Impact 0.059 2g. Total Wetland Impact 0.411 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.352 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The location of the proposed wetland crossing was selected to avoid impacts to other Waters of the U.S. on site while still maintaining connection throughout the community. The crossing enables connection to the existing stub -out of Tinwood Drive in an adjacent community. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best management practices in sediment and erosion control methods will be used throughout construction. No equipment or maintenance activities will occur adjacent to jurisdictional areas, with the exception of addressing emergency equipment failure. All temporary impacts to jurisdictional wetlands during construction will be returned to their original configuration and seeded in a timely manner for stabilization. 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.35 4g. Coastal (tidal) wetland mitigation requested: (acres) 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 If no, explain why: The project lies entirely within the Cape Fear River basin below Jordan Lake. Streams on site are not subject to NC Riparian Buffer Protection Rules. 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 U State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: 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. This will be a single and complete residential development. The development will be served by existing County water and individual lot septic systems. No additional public utilities are proposed. Road connections are to existing roads or stub -out to other properties as required by the County. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Individual lots will have septic systems to be approved by the County. 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? USFWS IPaC: https://ecos.fws.gov/ipac/location/25MDDYO2XVDSXEFYPMHQD67QTU/resources USFWS NC Endangered Species by County: https://ecos.fws.gov/ecp/reporUspecies-listings-by-current-range-county?fips=37183 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper: https://www.habitat.noaa.gov/application/efhmapper/index.html 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?* SHPO HPOWEB 2.0: https://ne.maps.aregis.com/apps/webappviewer/index.html?id=d2d04d8d7e03403f889419526e682529 - No National Register historic properties are listed on or near the project. Burt Farm, located across the street from the subject property, is on the Survey List as shown on HPOWEB. 8. Flood Zone Designation (Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Layer: https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html? id=8b0adb51996444d4879338b5529aa9cd&extent=-78.86060181436969,35.572769872469934,-78.8502163010649,35.57713304963579 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 McLaurinFarm_PCN_Attachments.pdf 9.18MB 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: Matthew Harrell Signature C///&Zr i waa&te-G Date 1 /28/2022 ID#* 20210932 Version* 1 Regional Office * Central Office - (919) 707-9000 Reviewer List* Rick Trone Pre -Filing Meeting Request submitted 5/10/2021 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Matt Harrell matt.harrell@carolinaeco.com McLaurin Farm Subdivision Winfred Maybelle, LLC Wake Street Address 6028 Burt Rd Address Line 2 aty Fuquay Varina Fbstal / Zip axle 27526 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* r Yes C No Please list all existing project ID's associated with this projects.* SAW-2019-00984 State / Rovince / Pegion North Carolina Country United States Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* The proposed project is a subdivision located southwest of downtown Fuquay-Varina in Wake County. Preliminary JD (SAW-2019-00984) has been submitted and was signed 05/06/2020. Permit application preparation is underway and anticipated in approximately 30 days. No special or unusual circumstances on site requiring discussion ahead of time. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 5/10/2021 CAROLITIA ECOSYSTEMS January 28, 2022 Mr. Lyle Phillips Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 3040 NC 42 West, Clayton NC 27520 P:919-359-1102 — F:919-585-5570 RE: Pre -Construction Notification for Nationwide Permit 29 & Individual 401 Certification McLaurin Farm Subdivision Wake County, North Carolina Dear Mr. Phillips; Carolina Ecosystems, Inc. (CEI), in conjunction with FLM Engineering, has prepared the associated electronic Pre -Construction Notification (e-PCN) for Clayton Properties Group, Inc./TRDG Mungo Homes in order to acquire a Section 404 Nationwide Permit 29 and an Individual 401 Water Quality Certification for the above -referenced project. This e-PCN is being submitted along with the following exhibits: 1. Vicinity Map 2. USGS Map 3. Aerial Map 4. NRCS Map 5. Impact Index Map 6. Impact Figures 7. Final Design Plans 8. Signed Notification of Jurisdictional Determination 9. NCN14P Site Report This information, along with the associated e-PCN, are being submitted for your review of this project. A copy of this application is also being provided to the NC Division of Water Resources for their review. If you have any questions or need additional information, please contact me at your earliest convenience at (703) 919-2780 or matt.harrell@carolinaeco.com. Sincerely, Carolina Ecosystems, Inc. Matt Harrell Environmental Scientist Cc: Paul Wojoski, NC DWR — 401 & Buffer Permitting Unit Chase Massey, P.E., FLM Engineering. c'\ Holly Springs 1 C�PP U uncnn Coo k Rd alp o � � O �.4h 8-11 �� Burt Rd 4� 42 Fuquay-Varina e� Project Location: Wake County, NC [1CAROLINA N Burt Road VECOSYSTEMS Mile C3StudyArea =Fuquay-Varina Wake County, NC 0 0.25 0.5 '%&USGS Named Streams = Holly Springs Figure 1• Vicinity Map March 2019 35.581877,-78.861883 VF LN N [C CAROL,INA V ECOSYSTEMS mmmmmmE=== Feet 0 500 1,000 October 2021 a :c t pUNcA� MIMS-RD / Q Study Area Fuquay-Varina, NC (2016) USGS 1:24000 Quadrangle Map McLaurin Farm Subdivision Wake County, NC USGS Map lot, IT -+1 WV i r p 9 5 ''._C YAM "I a 4it two' WIT < UK . S� F ir.5 to S; y'14� �. .. AeS_kr i'Y"'� �'-w�•ud �',°�:-...: i+#°46 rf,�'i'�*'. ,#�dr AgI325, P ? -AgC T .. �.: 1 B r. J o, a WaC o WgA Wad N McLaurin Farm Subdivision Feet Wake County, NC 0 175 350 Study Area October 2021 NRCS Map Wake County, NC (1970) NRCS Soil Survey Map 96 o Z 8 ae z o L1J Z = _ W g tt ¢ <LLJ a Z - _ o Sao W p o g�0 -S � I o / of I s / I / a-------------- ow —f 6 _J wok '5 I� � o o �a�a _— _____ / o $ 0Z i o � La /Y 5 o o- p� a I W i 6 �i n �� �y 0 o ww Do d a — Yo �3o i-.o w�3z�a I �i sum - - _ nma�=oo w =n==== w - N — woo— ol l�wo ova = o o dap==oL ��oo�maL I - - �w= o0 I= I 3¢ W / Z I I i I / 9 I / I I I T / 1 n i o � ____ o i 71, o / z = o to, " ' L zo o o - - & `a 3 0o nol o a o o w- a M o - po 2 O < 6 - W. 20j 2Uo Omo o K W I O w I I Z � IIII IIII Z- r me n Zp 4 U Z $_ aeo LU - OHo Lu � m - pF z- _= woo W - p�oa�. — O� ----- - - - - - G o z > > zap o asp o w y< o H � os oop r off �6<L oJo � w H� �zRo6 z o wy o �i08 � p 0000 c rp o 0 n pa¢on H', op L 3yrc�e�� �o�2gN o arc zFo W. K U ry 7 Ggio U o < K m Zw z 0 U Q Z $_ aeo O W - Ho Lu � m - pF z- _= woo W I I / / / / / / / I ■ p-- m�=m �papypw ��,m9� ape-LLp w -� -room; U,. = w ME, 6;o�YH�oo p y3oo`�o pS'�a-�oara�m5:yzm���oHNy¢ow�pwz8 0 i i ap 3m 11 N zz r 2Y��a� qpa o--sry - w_ w �4� e rc w a� zoo m U 6 � O JO . rt:JJ . g w =m - F U o y K w m zz6 o U U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00984 County: Wake U.S.G.S. Quad: NC- Fuquav-Varina NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Carolina Ecosystems, Inc. Phil May Address: 3040 NC Hwy 42 West Clayton, NC 27520 Telephone Number: 919-274-5979 E-mail: phil.mavncarolinaeco.com Size (acres) 78.93 Nearest Town Fuquav-Varina Nearest Waterway Tar River River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude: 35.5816 Longitude:-78.8655 Location description: The project site is approximately 78 acres located adjacent to Burt Road, near the town of Fuquav Varina, Wake County, North Carolina, and is identified by PINs 0646161898 and 0646062211. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated August 2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2019-00984 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James.C.Lastinger(a,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 05/06/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 05/06/2020 Expiration Date of JD: Not applicable SAW-2019-00984 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Property Owner: Winfred Maybelle LLC Address: 6028 Burt Road Fuquay Varina, NC 27526 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Carolina Ecosystems., Inc., Phil May File Number: SAW-2019-00984I Date: 05/06/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: James Lastinger CESAD-PDO Raleigh Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 3331 Heritage Trade Drive, Suite 105 Atlanta, Georgia 30303-8801 Wake Forest, North Carolina 27587 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 05/06/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Carolina Ecosystems, Inc., Phil May, 3040 NC Hwy 42 West, Clayton, NC 27520 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Burt Road site, SAW-2019- 00984 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 78 acres located adjacent to Burt Road, near the town of Fuquay Varina, Wake County, North Carolina, and is identified by PINS 0646161898 and 0646062211. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Fuquay-Varina Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5816 Longitude:-78.8655 Universal Transverse Mercator: Name of nearest waterbody: Tar River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): August 20, 2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Estimated Geographic authority to Type of aquatic Site Name Latitude Longitude Amount of which the aquatic resource Aquatic resource "maybe" subject SA 35.581179 -78.86221 561 IF Non Wetland 404 SB 35.58142 -78.86241 1 97.36 LF Non Wetland 404 SC 35.585823 -78.85953 1129.92 Non Wetland 404 LF SD 35.581768 -78.86161 159.30 Non Wetland 404 LF SE 35.586196 -78.8593 119.6LF Non Wetland 404 SF 35.583672 -78.85846 161.24 Non Wetland 404 LF WA 35.579377 -78.860872 0.05 Wetland 404 acre WB 35.580169 -78.862197 1.84 Wetland 404 acres WC 35.581403 -78.863083 0.01 Wetland 404 acre WD 35.582008 -78.862106 1.87 Wetland 404 acre WE 35.581468 -78.861929 0.08 Wetland 404 acre WF 35.58082 -78.860670 0.39 Wetland 404 acre WG 35.583377 -78.860449 0.14 Wetland 404 acre WH 35.585229 -78.860737 0.008 Wetland 404 acre WI 35.586199 -78.860848 0.003 Wetland 404 acre WJ 35.586116 -78.860209 0.02 Wetland 404 acre WK 35.58611 -78.859237 0.78 Wetland 404 acre WL 35.585841 -78.859576 0.32 Wetland 404 acre WM 35.583661 -78.858421 0.09 Wetland 404 acre WN 35.582917 -78.864775 0.02 Wetland 404 acre WO 35.582104 -78.863764 0.29 Wetland 404 acre PA 35.579506 -78.861197 0.09 Non Wetland 404 acre PB 35.581064 -78.862752 1.01 Non Wetland 404 acres PC 35.581167 -78.861195 1.28 Non Wetland 404 acres PD 35.582195 -78.864432 3.11 Non Wetland 404 acres PE 35.582911 -78.864788 0.13 Non Wetland 404 acre PF 35.585178 -78.860788 0.01 Non Wetland 404 acre 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached dated August 2019 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ®U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Fuauay Quad ®Natural Resources Conservation Service Soil Survey. Citation: Wake Countv, 1970 ® National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: NC FIRM maps ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2017 NC One maps or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 05/06/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action. "t �e? _(,�'• �J^�'1+� +xY �aliy,,Yir '� �� � r� ��• yr, _ - .�. r. v• !'♦ R. �� e '�`-� +_a rt .. .4� M e�-i� wMfw F.l,`` t1. 4ty_ fah. '• :.J ' ,1�.. I`7� - 4:� � f R w --• - '•--1.57 Lein �"iE3"'t. ,•8�.,:C4 SEJ� - f - • c. r' P. wi �... 4WH L `SC. z•�,r „ �� hf a Pr 7: - "ice ., � '� � _ � �;•. `WN WG ,. SF.. A.. ' WO SA iifi/ 1'� � •- j p J�� r ■ now ■■ ■ NC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■■ October 6, 2021 Brian Smith Carolina Ecosystems 3040 NC 42 W Clayton, NC 27520 RE: McLaurin Farm Subdivision Dear Brian Smith: Ray Cooper, Governor D. Reid Wilson, Secretary Walker Clark Director, Division of Land and Water5tewwdship NCNHDE-15931 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 DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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