HomeMy WebLinkAbout20220640 Ver 1_ePCN Application_20220506Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/21/2021
BIMS # Assigned* Version#*
20220640 1
Is a payment required for this project?*
® No payment required
0 Fee received
O Fee needed - send electronic notification
Select Project Reviewer*
Colleen Cohn:eads\cmcohn
Information for Initial Review
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
la. Name of project:
COURTESY COPY 727 B Peyton Ave Development
la. Who is the Primary Contact?*
Nancy Oberle
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
nancy.oberle@threeoaksengineering.com (919)900-6535
Date Submitted
5/6/2022
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-V;NSW
Site Coordinates
Latitude:
35.948877
A. Processing Information
Longitude:
-78.83982
County (or Counties) where the project is located:
Durham
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0 Yes ® No
la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
EO 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
0 Individual 401 Water Quality Certification
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:
If. Is this an after -the -fact permit application?*
O Yes O No
O 401 Water Quality Certification - Express
Op Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1j. Is the project located in a designated trout watershed?
OYes 0No
B. Applicant Information
OYes 0No
OYes 0No
Id. Who is applying for the permit?
O Owner O Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Tobin Construction Company LLC
2b. Deed book and page no.:
Deed book 9647, deed page 233
2c. Contact Person:
Brian Tobin
2d. Address
Street Address
4700 Homewood Court, Suite 200
Address Line 2
City
Raleigh
Postal / Zip Code
27609
State / Province / Region
NC
Country
USA
2e. Telephone Number:
(919)622-7057
2f. Fax Number:
2g. Email Address:*
brian@tobinbuilding.com
4. Agent/Consultant (if applicable)
4a. Name:
Nancy Oberle
4b. Business Name:
Three Oaks Engineering
4c. Address
Street Address
324 Blackwell Street, Suite 1200
Address Line 2
City
Durham
Postal / Zip Code
27701
4d. Telephone Number:
(919)900-6535
4f. Email Address:*
nancy.oberle@threeoaksengineering.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Durham
2. Project Identification
2a. Property Identification Number:
0840-70-42-4540
2c. Project Address
Street Address
727 B Peyton Ave
Address Line 2
City
Durham
Postal / Zip Code
27703
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Northeast Creek
3b. Water Resources Classification of nearest receiving water: *
WS-V;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
2b. Property size:
0.49
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site consists of mostly mature hardwood forest, with the remainder consisting of disturbed roadside right-of-way. In the vicinity of the project, there are residential and commercial
uses, and some forested land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes O No 0 Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
56
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to build a single-family home with a driveway access across an intermittent stream.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project is to develop a single-family home on PIN 0840-70-42-4540, an approximately 0.49 acre property in Durham, Durham County, NC. The residential property will be
accessed off Peyton Ave. A single driveway will be built from Peyton Ave and extend southeast onto the parcel. Utilities such as water, sewer and electricity will be placed within the
roadway shoulder.
Indirect impacts are not anticipated as a result of the proposed project.
Typical construction equipment, such as trucks and dozers, will be used during construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
j Yes O No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
i Preliminary Approved Not Verified Unknown . i N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Kate Sevick
Three Oaks Engineering
6a. Is this a phased project?*
O Yes O No
0 Unknown
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
❑ Wetlands
i ! Open Waters
3. Stream Impacts
E Streams -tributaries
O Pond Construction
OO Buffers
3a. Reason for impact (7)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(z)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
St
Driveway
Permanent
Fill
UT to Northeast Creek
Intermittent
Both
3
Average (feet)
42
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
42
3i. Total stream and ditch impacts:
42
3j. Comments:
3i. Total temporary stream impacts:
0
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
0 Neuse
O Catawba
0 Goose Creek
O Other
D Tar -Pamlico
O Randleman
L3 Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable
P
UT to Northeast Creek
No
1,249
647
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
0.00
Zone 1
1,249.00
Zone 1
1,249.00
A buffer authorization is being requested through the City of Durham.
E. Impact Justification and Mitigation
Zone 2
0.00
Zone 2
647.00
Zone 2
647.00
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The driveway has been designed to cross the stream perpendicularly.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction. Construction has been sequenced and designed to avoid/minimize impacts by
locating temporary pump arounds away from features. Water will be diverted around the work area to prevent sedimentation of downstream aquatic
resources. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the
staging of equipment in or adjacent to waters of the US and coordination with appropriate environmental staff.
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?
O Yes O No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The development has been planned to avoid as many impacts as possible, however, the site cannot be developed without some impacts. These impacts have been minimized to the
extent practical (<50 linear feet of permanent stream impacts, allowable buffer impacts).
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 O No
What type of SCM are you providing?
0 Level Spreader
O Vegetated Conveyance (lower SHWT)
O Wetland Swale (higher SHWT)
O Other SCM that removes minimum 30% nitrogen
O Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
OYes 0No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
OYes 0No
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)7*
Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
O Yes • No
3b. If you answered "no," provide a short narrative description.
The proposed project is a build -out of the project site. No additional development or expansion of the site is planned and no additional development
outside of the project site is anticipated as a result of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes • No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
• Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
• Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
0Yes ®No
• No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S
® Yes 0 No
5g. Does this project involve bridge maintenance or removal?
0Yes ®No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0Yes ®No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0 Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC; on -site protected species surveys
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
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?*
HPOWEB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
O Yes @ No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Floodplain Maps
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
727 B Peyton Ave_Permit Drawings_05052022.pdf 455.68KB
727 B Peyton Ave_Permit Drawings_BUFFER_05052022.pdf 201.95KB
727 Peyton Ave Rare Species Survey Memo.pdf 834.69KB
DWR Pre -Filing Meeting Request Form.pdf 118.34KB
PEYTON_AVE_AGENT_AUTHORIZATION_FORM_Signed.pdf 253.2KB
File must be PDF or KMZ
Comments
Signature U
O 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:
Nancy Oberle
Signature
Date
5/6/2022
DWR Pre -Filing Meeting Request Form
NORTH CAROL INA
Environmental Quality
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Nancy Oberle
nancy.oberle@threeoaksengineering.com
Newman Land Company LLC
Proposed Residences located at 727 Peyton Avenue in Durham, NC
Durham
Owner Address: * Street Address
PO Box 52286
Address Line 2
City State / Province / Region
Durham NC
Postal / Zip Code Country
27717 USA
Is this a transportation project?* Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
D Individual Permit Modification
O Shoreline Stabilization
Does this project have an existing project ID#?*
Yes No
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.*
Newman Land Company is proposing the development of two parcels
(PINs: 0840-04-70-3286 and 0840-04-
70-4257) at 727 Peyton Ave, in Durham, NC. An intermittent,
unnamed tributary (UT) to Northeast Creek flows from east to west,
bisecting the site. The proposed development of the site would consist
of two residential, single-family homes. The two residences would
require driveway crossings of the stream at two locations along the UT
to Northeast Creek. Three Oaks is assisting Newman Land Company
with the 401/404 permit application for the project.
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.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I 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*
(91a0wafeav
Submittal Date 10/21/2021
DocuSign Envelope ID:8A9567BD-12F6-4B57-8849-D007DD2FDF90
AGENT AUTHORIZATION FORM
0840-70-32-6476
PROPERTY LEGAL DESCRIPTION:
0840-70-42-4540
LOT NO. PLAN NO. PARCEL ID:
727 Peyton Avenue, Durham, North Carolina 27703
STREET ADDRESS:
Please print: Brian Tobin
Property Owner:
Tobin Construction Company, LLC
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
James Mason and Nancy Oberle Three Oaks Engineering, Inc.
, of
(Contractor/Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
4700 Homewood Ct, Suite 200, Raleigh, NC 27609
919-622-7057
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Electronically signed by:
Electronically signed by:
by: 8����
,1
E,DocuSigned
2'6 'AutorizC'Fe Signature Authorized Signature
4/7/2022 I 1:53 PM EDT 4/7/2022
Date: Date:
OkEERjyo,
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Three Oaks Engineering,Inc.
324 Blackwell Street, Suite 1200
Durham,NC 27701
(919) 732-1300
October 21,2021
Ty Newman
ty@newmanlandco.com
Newman Land Company LLC
PO Box 52286
Durham NC,27717
SUBJECT: Protected Species Surveys for Proposed Residences located at 727 Peyton Avenue in
Durham,North Carolina
Dear Mr.Newman:
Project Description
Three Oaks Engineering,Inc. (Three Oaks)was requested to conduct rare species surveys for Michaux's sumac and
smooth coneflower and an aquatic habitat assessment for Atlantic Pigtoe within a single, 0.91-acre parcel(PINS
0840-04-70-3286 and 0840-04-70-4257)located at 727 Peyton Avenue in Durham,North Carolina(Figure 1). This
memorandum presents the findings of these surveys,conducted on September 24,2021. The surveys were led by
Three Oaks Environmental Scientists Nathan Howell and Byron Levan.
Michaux's sumac and Smooth Coneflower Morphology and Habitat Description (via USFWS:
https://www.fws.2ov/ralei2h/species/cntylist/nc counties.html)
Michaux's Sumac: Michaux's sumac is a rhizomatous,densely hairy shrub,with erect stems from 1 -3 feet(ft)(30.5
— 91 centimeters, cm) in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate
leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and
female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish
yellow to white. Flowering usually occurs from June to July; while the fruit, a red drupe, is produced through the
months of August to October. The optimal survey window for this species is May—October.
Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently,this plant survives
best in areas where some form of disturbance has provided an open area. Several populations in North Carolina are
on highway rights-of-way,roadsides,or on the edges of artificially maintained clearings. Two other populations are
in areas with periodic fires, and two populations exist on sites undergoing natural succession. One population is
situated in a natural opening on the rim of a Carolina bay.
Smooth Coneflower: Smooth coneflower is a perennial herb in the Aster family(Asteraceae)that grows up to 3.3 ft
(1 meter;m)tall from a vertical root stock. The large elliptical to broadly lanceolate basal leaves may reach 8 inches
(in)(20 cm) in length and 3.0 in(7.5 cm)in width and taper into long petioles toward the base. They are smooth to
slightly rough in texture. The stems are smooth, with few leaves. The mid-stem leaves are smaller than the basal
leaves and have shorter petioles. Flower heads are usually solitary. The rays of the flowers (petal-like structures)
are light pink to purplish in color,usually drooping,and 2— 3.2 in(5 - 8 cm)long. Flowering occurs from late May
through mid-July and fruits develop from late June to September. The fruiting structures often persist through the
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fall. Reproduction is accomplished both sexually(by seed)and asexually(by rhizome). The optimal survey window
for this species is late May—October.
Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clear-cuts, dry limestone
bluffs, and power line rights-of-way, usually on magnesium and calcium rich soils associated with amphibolite,
dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina and South
Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities that have
been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are characterized by
abundant sunlight and little competition in the herbaceous layer. Natural fires,as well as large herbivores,historically
influenced the vegetation in this species'range. Many of the herbs associated with smooth coneflower are also sun-
loving species that depend on periodic disturbances to reduce the shade and competition of woody plants.
Atlantic Pigtoe Morphology,Habitat,and Life History
The Atlantic Pigtoe(AP)is a freshwater mussel with a chunky,rhombus shaped shell,similar in appearance to a pig's
hoof/toe. There is a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment-
like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the AP
rarely exceeds two inches in length. Young individuals may have greenish rays across the entire shell surface. When
collected fresh,the interior surface (nacre)in the shell tends to be salmon colored and sometimes iridescent. AP has
interlocking hinge "teeth"on the inside of the shell to help keep the two valves in proper alignment(USFWS 2019).
The preferred habitat of the AP is coarse sand and gravel, and rarely in silt and detritus. Historically, the best
populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to
maintain clean, silt-free substrates.
The life cycle of the AP, like most freshwater mussels, is complex,relying on host fish for successful reproduction.
Mature microscopic glochidia(larva)are released from the female mussel,where they must attach themselves to the
gills and/or fins of fish hosts to continue developing. AP have specific host fish that are needed by the glochidia to
keep growing to ultimately transform into juveniles. After a few weeks of living as parasites,they drop off and land
on the stream bottom where they grow into adults. Host fish for the AP include the Rosefin Shiner(Lythrurus ardens),
Creek Chub(Semotilus atromaculatus), Longnose Dace (Rhynichthys cataractae), White Shiner(Luxilus albeolus),
Satinfin Shiner (Cyprinella analostana), Bluehead Chub (Nocomis leptocephalus), Rosyside Dace (Clinostomus
funduloides), Pinewoods Shiner (Lythrurus matutinus), Swallowtail Shiner (Notropis procne), and Mountain
Redbelly Dace (Chrosomus oreas). The time period for glochidia to develop varies between 30 to-60 days and
depends on the host fish(USFWS 2019). Like all freshwater mussels,AP are known as suspension feeders because
they eat algae,bacteria,and other microscopic matter they filter out of the water.
Survey Results
Michaux's sumac: Suitable habitat for Michaux's sumac does not exist within the study area. The site is too shaded,
and the only area of roadside right-of-way present is too disturbed to support the species. Much of the site consists
of mature hardwood forest, with the remainder consisting of disturbed roadside right-of-way. On September 24,
2021,Three Oaks staff members Nathan Howell and Byron Levan conducted a survey for this species. No Michaux's
sumac was identified during the survey. The North Carolina Natural Heritage Program (NCNHP) October 2021
dataset (viewed using the NCNHP Data Explorer website: https://ncnhde.natureserve.org/) indicates no known
occurrences of Michaux's sumac within 7.5 miles of the study area. Due to the negative survey results of this survey,
and the lack of extant occurrences within 1.0 mile of the project, a Biological Conclusion of"No Effect" has been
rendered for this species.
Smooth coneflower: Suitable habitat for smooth coneflower does not exist within the study area. The site is too
shaded, and the only area of roadside right-of-way present is too disturbed to support the species. Much of the site
consists of mature hardwood forest,with the remainder consisting of disturbed roadside right-of-way. On September
24,2021,Three Oaks staff members Nathan Howell and Byron Levan conducted a survey for this species. No smooth
Three Oohs Engineering threeoahsenweenng corn
coneflower was identified during the survey. The North Carolina Natural Heritage Program(NCNHP)October 2021
dataset (viewed using the NCNHP Data Explorer website: https://ncnhde.natureserve.org/) indicates no known
occurrences of smooth coneflower within 4 miles of the study area. Due to the negative survey results of this survey,
and the lack of extant occurrences within 1.0 mile of the project, a Biological Conclusion of"No Effect" has been
rendered for this species.
Atlantic Pigtoe: A single perennial stream flows through the study site from northeast to southwest. Within the study
area,as well as 400 meters downstream of the study area,this stream does not possess the necessary habitat elements
needed by the Atlantic pigtoe. The stream's water quality is too degraded,and it lacks the expected associate aquatic
fauna expected from a stream which would support Atlantic pigtoe. The North Carolina Natural Heritage Program
(NCNHP) October 2021 dataset(viewed using the NCNHP Data Explorer website: https://ncnhde.natureserve.org/)
indicates no known occurrences of Atlantic pigtoe within 8.8 miles of the study area. Due to the negative survey
results of this survey, and the lack of extant occurrences within 1.0 mile of the project, a Biological Conclusion of
"No Effect"has been rendered for this species.
Please let me know if you have any questions or require any additional information.
Sincerely,
AL4--Y•t-
Nathan Howell,PWS
Environmental Scientist
nathan.howell@three oaksengineering.com
Mobile: (910) 876-3016
Office: (919) 732-1300
References
U.S.Fish and Wildlife Service(USFWS). 2019.Atlantic pigtoe Fusconaia masoni.Available online at
https://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/.Accessed on July 8,2019
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