20220188 Ver 1_PCN Cover Letter & Attachments_20220128

%■ WithersRavenel
.. Our People. Your Success.
January 28, 2022
US Army Corps of Engineers
Raleigh Regulatory Field Office
Mr. Chris Hopper
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Mr. Paul Wojoski
1617 Mail Service Center
Raleigh, NC 27699
Re: Brant Station Subdivision - NWP 29 PCN Submittal
Garner, Johnston County
USACE AID: SAW-2021-02425
WR Project #02200294.00
Dear Mr. Hopper and Mr. Wojoski,
On behalf of RBV 40, LLC., we are requesting authorization from the USACE to use NWP 29 for
0.007 ac (103 If/319 sf) of permanent stream impacts and 0.003 ac (37 If/116 sf) of temporary
stream impacts for construction of a road crossing to provide access to the developable uplands
in the southern portion of the project.
The proposed project does not meet conditions requiring written authorization from NCDWR
under WQGC #4256. Specifically, total stream impacts are less than 150 If and the buffer
impacts will be permitted through Johnston County as the delegated municipality. Therefore, a
pre -filing meeting request submittal is not required, and this application is being provided to
NCDWR as a courtesy only because written authorization from NCDWR is not required.
Proposed Impact Table
Feature
Type of Impact
Impact Area
LF
SF
AC
Stream
Permanent (Functional Loss)
82 If
268 sf
0.006 ac
Stream
Permanent (No Functional Loss)
21 If
51 sf
0.001 ac
Stream
Temporary
37If
116 sf
0.003 ac
Totals
140 If
435 sf
0.010 ac
The proposed total permanent impacts to jurisdictional streams are 0.008 acres (see table below)
and therefore is eligible for authorization under an NWP 29.
Type of Impact
Impact
Area
LF
SF
AC
Stream - Permanent (Functional Loss)
92 If
318 sf
0.007 ac
Stream - Permanent (No Functional Loss)
18 If
43 sf
0.001 ac
Total
110 If
361 sf
0.008 ac
219 Station Road, Suite 1011 Wilmington, NC 28405
t: 910.256.9277 www.withersravenel.com I License No. F-1479
Asheville I Cary Greensboro I Pittsboro I Raleigh I Wilmington

Brant Station Subdivision - NWP 29 r: Withers Rave n e l
Garner, Johnston Co. Our PeopLe
The proposed project is ±170 acres in size and is located on one parcel (PIN: 162600-41-9928)
located south of Cornwallis Road in the southwest quadrant of the intersection of Cornwallis
Road and Interstate 40 near Garner in Wake County (Lat: 35.572623°N;-78.578830°W). The
project is located in the Neuse River basin and onsite waters drain to Middle Creek. The Water
Quality Classification for Middle Creek is: C; NSW and the Stream Index Number is: 27-43-15-
(4). The cataloging unit for the site is 030202010903.
Proposed Project
The purpose of the proposed is to construct a single family residential subdivision to meet the
existing and growing demand for residential housing in Johnston County. The project consists
of construction of 68 single family residential lots, internal roads, and infrastructure (stormwater
management, sewer, water, etc.). The proposed stream impacts are necessary for a road crossing
of Stream 3 in order to access developable uplands in the southern portion of the project.
Wastewater treatment will be provided by on -lot septic systems as there is no sanitary sewer
services within the vicinity of the project. Since these will be septic lots, the smallest lot size is
0.7 acres, with the largest lots being over 3.0 acres. As depicted on the attached Subdivision
Plans, all lots containing wetlands have sufficient area to construct the houses and septic
systems without requiring wetland impacts. Additionally, there is no proposed
development/disturbance within the 100-year floodplain for those lots extending into the 100-
year floodplain.
Project History
WR completed a wetland delineation for the project area on 2/11/2021. WR submitted a
Preliminary Jurisdictional Determination Request to the USACE on 11/9/2021 (SAW-2021-
02425). A copy of the USACE email confirming receipt of the Preliminary JD request has been
provided as an attachment. Please note that we are not requesting issuance of a Preliminary JD
in conjunction with issuance of the NWP 29.
Johnston County issued a Riparian Buffer Determination Letter for the project dated 1/6/2022
which has been attached to this application.
Proposed Impacts
The proposed impacts are necessary for construction of a perpendicular road crossing. The
permanent impacts will occur from installation of the 60" RCP culvert and riprap dissipator. The
temporary stream impacts will result from installation of the culver and construction of the
temporary coffer dams to bypass flow if necessary. The proposed impacts are noted in the table
below.
Impact #
Feature
Permanent
(Functional Loss)
Permanent
(No Functional Loss)
Temporary
LF
SF
AC
LF
SF
AC
LF
SF
AC
S1
Stream 3
14
37
0.001
S2
Stream 3
21
51
0.001
S3
Stream 3
82
268
0.006
S4
Stream 3
23
79
0.002
Totals
82
268
0.006
21
51
0.001
37
116
0.003
Page 2 of 4

Brant Station Subdivision - NWP 29 r: Withers Rave n e l
Garner, Johnston Co. our People "MIS SucCeSS.
The proposed stream impacts are necessary to construct a culverted road crossing (Road R004)
to access the developable uplands in the southern portion of the project. The road has been
designed to cross Stream 3 perpendicularly with an 80-ft long x 60-inch RCP culvert beneath the
road, which will result in 0.006 acres (82 If) of permanent stream impacts with functional loss
(Impact S3).
A riprap dissipator will be installed on the downstream end of the culvert, resulting in 0.001
acres (21 If) of permanent stream impacts with no functional loss (Impact S3). The riprap
dissipator is necessary to prevent erosion of the stream from drainage from the adjacent
developed parcels that will have high flow velocity during storm events. The riprap will be
installed by burying the riprap such that the top of the riprap matches the pre -construction
contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss
of function of this section of stream channel.
Construction will be completed in the dry by installing temporary coffer dams and constructing a
temporary bypass Swale to convey flow around the construction area. The installation of the
temporary coffer dams and culvert will result in 0.003 acres (37 If) of temporary stream impacts.
Additionally, the construction of the culvert will be scheduled during a four day period with no
forecasted rain. After construction is complete, the temporary stream impact areas will be
restored to natural grade. The restored stream banks will be stabilized with biodegradable
matting placed on the stream banks and seeded with rye grass to provide temporary stabilization
until natural regeneration of native vegetation permanently stabilizes the banks. No matting will
be placed on the stream bed.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be
conducted so that impacts to wetlands and "waters" could be minimized.
Impacts have been minimized to only those necessary for a road crossing to access developable
uplands in the western portion of the project.
The R004 road crossing has been designed to cross Stream 3 at a perpendicular angle at straight
segment of stream channel. Additionally, wing walls will be used to stabilize road fill rather than
traditional backslopes.
The riprap dissipator below the access road culvert will be constructed such that the riprap will
be installed by burying the riprap such that the top of the riprap matches the pre -construction
contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss
of function of this section of stream channel.
Upon completion of construction, the temporarily impacted stream channel will be restored to
pre -construction conditions and grades, and temporarily stabilized with biodegradable matting
and seeded with rye grass to provide temporary stabilization until natural regeneration of native
vegetation permanently stabilizes the stream banks. No matting will be placed on the stream
bed.
Construction techniques used to avoid or minimize impacts include installation of erosion &
sediment control devices prior to construction activities and construction access occurring in
high ground.
Page 3 of 4

Brant Station Subdivision - NWP 29
Garner, Johnston Co.
Mitigation
r: WithersRavenel
Our People. Your Success.
The proposed project will result in 0.007 acres (103 If) of permanent stream impacts (both
functional loss and no functional loss, which is below the 0.02 acre threshold for requiring
stream mitigation. Therefore, the applicant is not proposing compensatory mitigation.
Stormwater Management Plan
The proposed project will result in less than 12% impervious area and therefore is low density.
Per Johnston County stormwater requirements, stormwater management will consist of
vegetated swales. The stormwater management plan will be reviewed and approved by the
Johnston County as the certified municipality.
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Attachments:
• Agent Authorization Form
• USGS Quads
• Johnston County Soil Survey
• Parcel/Owner Info
• Aerial Photo
• Delineation Exhibit
• USACE Email Confirming Receipt of PJD Request
• Johnston County Buffer Determination Letter
• NCNHP Project Review Letter
• USFWS IPaC Species List
• SHPO Comment Letter
• Subdivision Plans
• Stream Impact Exhibits
Page 4 of 4

■■ WithersRavenel
1i. Our People. Your Success.
AGENT AUTHORIZATION &
ACCESS AUTHORIZATION

Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
\ 9;3t
The undersigned contract purchaser, Windiam 40, LLC (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the ±170 acre property, Johnston Co. PIN:
162600-41-9928 located south of Cornwallis Road and west of Interstate 40 in Garner
NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date: �121
Agent's Name, Address & Telephone: Signature of Client:
WithersRavenel, Inc. �K �� L I _�� /7kel klev--
(Name - Print) (Title)
115 MacKenan Drive
Cary, NC 27511 (Signature)
Tel. [phone] Z'✓l(*Zqq1' iUC
Mailing Address
City State Zip
Phone:
Email: �' < C Gt:l s `i ct >a -a de,,? rcp�-1 , cz:.—
J
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com j License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

I
P
%w WithersRavene
NOOur People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
51 2
The undersigned owner(s), William Charles Cozart 11, do(es) hereby authorize WithersRavenel, Inc. to access
the ±170 acre.property, Johnston Co. PIN: 162600-41-9928 located south of Cornwallis Road and west
of Interstate 40. in Garner N or the purpose of environmental regulatory agency review (US Army Corps
of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife
Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination,
environmental permitting, etc.) at the request of the contract purchaser.
This authorization does not bind the current pccperrty avner* to financial responsibility for services
rendered on the subject property by WithersRavenel, Inc.
This agreement shall continue in effect until completion/termination of the purchase contract for the subject
property.
Date: h6. 2 1
Contract Purchaser's Agent Info:
WithersRavenel Inc. _
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
"4*r* COO
Signature of Owner(s):
N - Print C Title
Signature
Mailing Address
[ q�, NY,
City State Zip
Phone: (:?( 7 <?'O L.
Email:
115 MacKenan Drive I Cary, NC 27511
t: 919.469,33401 f: 919.467.60081 www.withersravenel.com I license No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

::WithersRavenel
Our People. Your Success.
PARCEL/OWNER INFO

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::WithersRavenel
Our People. Your Success.
AERIAL PHOTO

PROJECT BOUNDARY
PARCEL BOUNDARY
GRAPHIC SCALE
CCRRWALLIS ROAD 0 250 500
1 inch = 500 ft.
• _.
11
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nnn
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0
0
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BRANT STATION AERIAL (2017) WithersRavenel
1/ Engineers I Planners I Surveyors
GARNER JOHNSTON COUNTY NORTH CAROLINA
M,

::WithersRavenel
Our People. Your Success.
USGS QUADS

GRAPHIC SCALE
0 2000 4000
Ll
r 1 inch — 4000 ft.
41
`4u42
40
41
4,11
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PROJECT =-'• � � -- �� " a 1' % _ �� ��
LOCATION
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BRANT STATION LISGS (2019) EDMONDSON WithersRavenel
I/ GARNER JOHNSTON COUNTY NORTH CAROLINA Engineers I Planners I Surveyors

1
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BO U N D AR Y
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BRANT STATION
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LISGS (2019) - EDMONDSON
GRAPHIC SCALE
0 350 700
1 inch = 700 ft.
CORN ALL
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1!WithersRavenet
Engineers I Planners I Surveyors

::WithersRavenel
Our People. Your Success.
JOHNSTON CO. SOIL SURVEY

a
ti �4►,_, �. GRAPHIC SCALE
-`!~c -"OOA 0 350 700
"r ��►_ _ �• 1 inch = 700 ft.
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PROJECT BOUNDARY
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BRANT STATION JOHNSTON CO. SOIL SURVEY (1994) - SHEET 5 WithersRavenet
I/ Engineers I Planners I Surveyors
GARNER JOHNSTON COUNTY NORTH CAROLINA

::WithersRavenel
Our People. Your Success.
DELINEATION EXHIBIT

1
0
PROJECT BOUNDARY
—� C:)
IWETLAND Al,
POND 1
NOT SUBJECT TO BUFFERS
JURISDICTIONAL TO USACE
STREAM 2
SUBJECT TO
BUFFERS
STREAM 1 {
SUBJECT TO
BUFFERS
WETLAND G
-ELBOUNDARY
BRANT STATION
JOHNSTON COUNTY
BUFFER
SUBJECT TO
BUFFERS
WETLAND C
� J
11 �
1
WETLAND D
GRAPHIC SCALE
0 250 500
1 inch = 500 ft.
\J I / IIIIIIIMNINN
-W AREA STOPS A
EAR FLOODPLAIN
a
� NOTES:
1) WETLAND/STREAM/BUFFER DELINEATION WAS PERFORMED BY WR ON 02/11/2021.
2) WETLAND/STREAM/POND/BUFFER LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION,
JOHNSTON CO. GIS DATA, AND TOPOGRAPHIC INTERPRETATION.
O 3) BUFFER SUBJECTIVITY BASED ON NEUSE RIPARIAN BUFFER RULES. BUFFER SUBJECTIVITY
0 SHOULD BE VERIFIED BY NCDWR PRIOR TO DESIGN.
4) DELINEATION AND JURISDICTIONAL STATUS SHOULD BE VERIFIED BY USACE PRIOR TO DESIGN.
WETLAND/BUFFER DELINEATION EXHIBIT WithersRavenel
1/ Engineers I Planners I Surveyors
)LINA

::WithersRavenel
Our People. Your Success.
USACE EMAIL CONFIRMING
RECEIPT OF PJD REQUEST

From:
RaleighNCREG
To:
Ricci. Alyssa
Cc:
Horner. Christopher D CIV USARMY CESAW (USAI; Thames. Joyce A CIV USARMY CESAW (USA)
Subject:
SAW-2021-02425 (Cozart Tract / Cornwallis Road West of I-40 / Garner NC / Johnston County)
Date:
Wednesday, November 10, 2021 10:59:36 AM
Good Morning,
Your JD request has been received, assigned action ID SAW-2021-02425 and forwarded to Mr. Chris
Hopper for further processing.
Please refer to the action ID in all correspondence.
Thank you,
Josephine Schaffer
From: Ricci, Alyssa <[e-mail]>
Sent: Tuesday, November 9, 20214:26 PM
To: RaleighNCREG <[e-mail]>
Subject: [Non-DoD Source] Cozart Tract - Chatham County, NC - Request for Preliminary
Jurisdictional Determination
Chris,
I've attached a request for a preliminary JD for the Cozart Tract located south of Cornwallis Road,
west of Interstate 40 in Garner, NC.
The review area is 170 acres of undeveloped woodlands. During my site visit, I've identified 3
streams, 7 wetlands, and 1 pond.
Let me know your earliest availability for a site visit. It should only take about 2 hours.
Please let me know if you need any additional information.
Thanks,
Alyssa Ricci
WithersRavenel
115 MacKenan Drive I Cary, NC ''7511
Office:919.469.3340 I Direct 919.535.5151
aricaQwithersravenel.com
IN IN IN IN I I
CONFIDENTIALITY AND NONDISCLOSURE

::WithersRavenel
Our People. Your Success.
JOHNSTON CO. BUFFER
DETERMINATION LETTER

�R/U/�d�lWG�%?/ '&M�
DEPARTMENT OF PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577
[phone]
January 6, 2022
William Charles Cozart
3724 National Dr., Suite 130
Raleigh, NC 27612
Subject: Neuse River Buffer Call
NBR# NB 21-042
Project Name: Cozart Tract (NC Pin# 162600-41-9928)
Location / Directions: Across from 399 Cornwallis Rd
Subject Stream: F- A UT to Middle Creek (C; NSW)
F-B UT to Middle Creek (C; NSW)
F-C UT to Middle Creels (C; NSW)
F-D UT to Middle Creek (C; NSW)
Pond-1 UT to Middle Creek (C; NSW)
Determination Date: January 5, 2022 Staff. Charles Pender
Not
Soil
USGS
Latitude
Longitude
Feature
Subject
Subject
Start @
Stop @
Survey '
Topo
(Dec. !
(Dec. 1
Degrees)
Degrees)
F-A
®
Not Subject
n/a
❑
Subject at
F-B
❑
®
orange
n/a
®
35.569460481
-78.579215197
flagging.
Subject
F-C
❑
®
Throughout.
n/a
Conceded
by Applicant

Subject
Throughout.
F-D
®
Conceded
n/a
by
Ap licant.
Polnd-
®
El
n/a.
n/a
Explanation: The feature(s) listed above that are checked "Subject' to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject' has been determined not to be a stream or is
not present on the property. There may be other streams located on your property that do not show up on
the maps referenced above but still may be considered jurisdictional according to the US Army Corps of
Engineers and/or the North Carolina Division of Water Resources.
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 Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting
Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this
letter or from the date the affected party (including downstream and/or adjacent owners) is notified
of this letter. A request for a determination by the Director must be submitted in writing with a
copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at [phone] and the Division of Water Resources 401 & Buffer
Permitting Unit at [phone].
If you have any questions regarding this determination, please feel free to contact Charles Pender at (919)
209-8333 or via email at [e-mail].
Sincerely,
Charles Pender, Jr.
Engineering and Environmental Technician

::WithersRavenel
Our People. Your Success.
NCN H P PROJECT REVIEW LETTER

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
January 20, 2022
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Brant Station Subdivision; 02200294.00
Dear Troy Beasley:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
IR \�701r.TD MDOO Gj
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that 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 an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Our People. Your Success.
USFWS IPaC SPECIES LIST

IPaC U.S. Fish & Wildlife Service
IPaC 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 on 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 react 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
Johnston County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. [phone]
[phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
,JV
PHYSICAL ADDRESS

551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
O00,0,
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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
in)pact 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_
Section 7 ❑f 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 t❑ the IPaC website
and request an official species fist 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.
S. Click REQUEST SPECIES LIST.
Listed species! 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 Fisheries2).
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

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 for this species. Your location overlap$
the critical habitat.
https://ecos. fws.gov/ecp L peci es/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Ifndangered
Wherever found �.
There is final critical habitat for this species. The location of the.
critical habitat is not available.
https-.//ecos.fws.gov/ecplspecies/528
Clams
NAME fi STATUS
Atlantic Rigtoe Fusconaia masoni Threatened
Wherever found
There is final critical habitat for this species. Your location overlaps
the critical habitat.
https://ecc)s. fws.gov/ecpls p eci es/5164
Dwarf Wedgemussel Alasn--idonta hoterodon 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. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/4511
Insects

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 PYP�
Atlantic Pigtoe Fusconaia masoni Final
https.,//ecos.fws.gov/ecpLpecies/5164#crithab
Neuse River Waterdog Necturus lewisi Final
htt p s://ecos. fws.gov/ecplspeci es/5772#crith a b
Migratory birds t-
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act2.
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.
�. The Bald and Golden Eagle Protection Act of 1940.
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.ggy/m gratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

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 A
..........................................................................
BREEDING SEASON IS INDICATED
FOR A BIRD ❑N YOUR LIST, THE
........................................................
IRD MAY BREED IN YOUR
......,
PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED,
WHICH IS A VERY_ LIBERAL_
ESTIMATE OFTHE DATES INSIDE
.....................................................................
WHICH THE BIRD BREEDS
.....................................
ACROSS ITS ENTIRE RANGE.
.. ..........................................
.BREEDS ELSEWHERE" INDICATES
...............................
0
THAT THE BIRD ❑. E5 NOT LI}C... ..
BREED IN YOUR PRQECTAREA.}
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC} only in particular Bird
Conservation Regions (BCRs) in the continental USA
htt ps:llecos. fws.gov/ecpLpecies/9587
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
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 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
0.0510.25 = 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.
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 cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar'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 1UN 1UL AUG SEP OCT NOV DEC

American Kestrel
BCC - BCR (This is a
......................................................
Bird of
...................
Conservation
Concern (BCC) only
......................................................
in particular Bird
...............................................
Conservation
....................................
Regions (BCRs) in
the continental
...........................................
USA)
Red-headed
Woodpecker
BCC Rangewide
............................................
(CON) (This is a
_.........................................
Bird of
.................
Conservation
Concern {BCC}
I ....................
throughout its
.... ............................
range in the
continental USA
....................................... .
and Alaska.}
111111111111111111
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 fist generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). 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 Qkm 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 AKN Phenology 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
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:
r�
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 girds 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 on 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 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 I can implement to avoid or minimize impacts to
migratory birds" at the bottom of your migratory bird trust resources page.
Facilities 1�4
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National Wildlife Refuge lands r AX
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 NO REFUGE LANDS AT THIS LOCATI0
Fish hatcheries
THERE ARE NO FI5H HATC ERIES AT THIS LOCATION.
Y
Wetlands in the Nationai 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.
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
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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
Federal, state, and local regulatory agencies with jurisdiction over 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 pro prieta ry j u ri sd icdo n 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.

::WithersRavenel
Our People. Your Success.
SHPO COMMENT LETTER

Governor Roy Cooper
May 26, 2021
6 � STAT£
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Secretary D. Reid Wilson
Gary Kreiser
WithersRavenel
115 MacKenan Drive
Cary, NC 27511
Re: Cozart Tract, Garner, Johnston County, ER 21-0708
Dear Mr. Kreiser:
gkreisergwithersravenel_com
Thank you for your May 5, 2021, submission of the site plan for the above -referenced project. We have
reviewed the additional information provided and offer the following comments.
The project as currently designed is unlikely to affect any archaeological sites eligible for listing in the
National Register of Historic Places. If design plans change to include ground disturbance within portions
of the property adjacent to Middle Creek, presently designated as open space and a 43-acre parcel retained
by the landowner, we request these changes be forwarded to this office for review and comment.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
(��
Sincerely, ,{ I
,r Ramona Bartos, Deputy
�] State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

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Our People. Your Success.
SUBDIVISION PLANS

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