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HomeMy WebLinkAbout20220684 Ver 1_ePCN Application_20220510Pre -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: 4/27/2022 BIMS # Assigned* Version#* 20220684 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:eads\rbtankard Information for Initial Review Reviewing Office* Washington Regional Office - (252) 946-6481 la. Name of project: The Charles la. Who is the Primary Contact?* Kim Williams - Davey Resource Group 1b. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 5/10/2022 Nearest Body of Water Meeting House Branch Basin Tar -Pamlico Water Classification C; Sw Site Coordinates Latitude: 35.571757 A. Processing Information Longitude: -77.351291 County (or Counties) where the project is located: Pitt Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo 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 0 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?* 0 Yes 0 No 2. Owner Information 2a. Name(s) on recorded deed: The Charles on Charles LLC 2b. Deed book and page no.: 2c. Contact Person: Watson Caviness 2d. Address Street Address 639 Executive Place; Suite 400 Address Line 2 City Fayetteville Postal / Zip Code 28305 State / Province / Region NC Country USA 2e. Telephone Number: (910)481-0501 2f. Fax Number: 2g. Email Address: * Watson@cavinessandcates.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Greenville 2. Project Identification 2a. Property Identification Number: 87744 2c. Project Address Street Address Charles Blvd Address Line 2 City Greenville Postal / Zip Code 27858 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Meeting House Branch 3b. Water Resources Classification of nearest receiving water: * C; Sw 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located. 030201030605 4. Project Description and History 2b. Property size: 23.8 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 is mostly in agricultural use. There are some forested areas along the stream to the south. Two ditches extend into the property. Adjacent land use is agricultural, commercial development, or residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* OO Yes 0 No 0 Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2016-01755 & DWR Project No. 2016-0858 Ver. 2. A previous developer applied for permits but did not move forward with the project. Kyle Barnes with the USAGE issued a NWP 29 to impact 270 LF of jurisdictional channels. Mr. Barnes classified these features as intermittent streams, but NC DWR did not classify them as streams. Anthony Scarbraugh with DWR sent an email confirming that no written authorization was required from their office. No impacts were installed. 4f. List the total estimated acreage of all existing wetlands on the property: N/A 4g. List the total estimated linear feet of all existing streams on the property: - 2,700 LF 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to develop multi -family residential housing within the site that will serve a growing Greenville population. Impacts to jurisdictional ditches are needed for site development. One temporary stream crossing is needed to tie into an existing sewer line. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This project includes the development of 330 multi -family units (48 one -bedroom units, 234 two -bedroom units, and 48 three -bedroom units), clubhouse, parking, stormwater facilities, and access ways. Permanent impacts to 0.04 acre of Waters of the US are needed for the construction of buildings and parking. A proposed sewer line will cross an unnamed tributary of Meeting House Branch to tie into an existing sewer line, which will temporarily impact 30 LF of stream. The stream will be open cut to install the line and then returned to grade. Check dams will be placed downstream of the crossings to trap sediment during construction. They will be removed once the stream channel has stabilized. A temporary sediment dike will be installed in order to allow for upstream water to be pumped around the area where sewer main will be installed. A sediment filter bag with gravel pad will be used as the sediment filtering device. The contractor will have one day to complete the installation of sewer main within the stream per the note in the temporary pump around detail. The sewer line in the buffer will be allowed to revegetate. The area within the stream that was disturbed to allow for sewer main installation will have semi -permanent rolanka matting installed. The site will be cleared and graded. Stormwater facilities will be installed and roads/utilities will be constructed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Ci Yes No O Unknown Comments: The USAGE previously issued a JD when the NWP was issued. DRG staff believe that the USACE will now call an additional ditch as jurisdictional. A PJD request was submitted to the USAGE on 4/12/22. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * 0 Preliminary 0 Approved O Not Verified C Unknown O N/A Corps AID Number: SAW-2016-01755 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: Davey Resource Group Other: 6. Future Project Plans 6a. Is this a phased project?* Yes U 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? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): O Wetlands Open Waters 3. Stream Impacts J Streams -tributaries O Pond Construction O Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Si Sewer Line installation Temporary Excavation Ut of Meeting House Branch Perennial Both 10 Average (feet) 30 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 0 31. Total stream and ditch impacts: 30 3j. Comments: 4. Open Water Impacts 31. Total temporary stream impacts: 30 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area 1 Fill for site development P N/A Fill Ditch 0.02 2 Fill for site development P N/A Fill Ditch 0.02 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.04 4h. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. O Neuse O Catawba O Goose Creek O Other 1 4g. Total permanent open water impacts: 0.04 OO Tar -Pamlico O Randleman O Jordan Lake 6b. impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Sewer line Installation T UT of Meeting House Branch No 943 12,866 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 943.00 Zone 1 0.00 Zone 1 943.00 Zone 2 12,866.00 Zone 2 0.00 Zone 2 12,866.00 Impacted buffers will be restored back to grade and allowed to revegetate. Proposed buffer impacts are deemed allowable according to Tar -Pamlico Riparian Buffer Rules' Table of Uses. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts were minimized through careful site design. The only permanent impacts needed are to jurisdictional Waters of the US. These ditches extend into the site and cannot be avoided while developing uplands within the site. The other impact to a stream is temporary. The stream channel will be returned to grade and seeded once the pipe is installed. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be used during construction to reduce sediment from eroding into the jurisdictional areas. 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: Permanent impacts are to jurisdictional ditches and are under 0.1 acre. 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? O Level Spreader O Vegetated Conveyance (lower SHWT) O Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * OYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7 0 Yes ® No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local govemment stormwater program? O Yes O No O N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: L Local Govemment O State Local Government Stormwater Programs O Phase II O NSW 0 USMP 0 Water Supply Please identify which local government stormwater program you are using. City of Greenville Comments: Project engineer is currently preparing a stormwater plan. A riparian buffer authorization form for impacts due to the required new drainage conveyance from the proposed stormwater wetland will be submitted to NCDWR by the project engineer in a separate standalone submittal once the local government completes its review of the stormwater management plan. 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?* O Yes O 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)?* O Yes CJ No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes O No 3b. If you answered "no," provide a short narrative description. Project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated on this site in the future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No0N/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. The project will tie into the municipal wastewater treatment system. 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?* G Yes O No 5b. Have you checked with the USFWS conceming Endangered Species Act impacts?* O Yes O No 5d. Is another Federal agency involved?* O Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes No O No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S (T)Yes 0No 5g. Does this project involve bridge maintenance or removal? 0 Yes *;) 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.? 0Yes ®No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no rare species are known to occur within the site. One rare animal species, the coppery emerald dragonfly, has been observed within a one -mile radius of the site but has not been observed since 2004 and this occurrence has a low accuracy. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species are aquatic. According to the Species Status Assessment reports from the USFWS, the Neuse Waterdog and Atlantic pigtoe are not known to occur in the Lower Tar Management Unit, which is the section of river that the project drains to. Additionally, the dwarf wedgemussel and Tar River Spinymussel are not known to occur in streams in Pitt County. Therefore, these species would likely not be found in the channel that forms the southern boundary. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 0 Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat (EFH). No EFH or Habitat Areas of Particular Concern (HAPC) were identified at or near the site. 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?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain7* 0 Yes O No 8c. What source(s) did you use to make the floodplain determination?* The FEMA Flood Map Service Center website was reviewed. 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 Charles Attachments.pdf 4.O5MB 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: Kim Williams Signature Date 5/10/2022 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 May 10, 2022 TO: US Army Corps of Engineers NC Division of Water Resources 2407 W. 5th Street 943 Washington Square Mall Washington, NC 27889 Washington, NC 27889 RE: The Charles S/D; Pitt County, NC NWP 29 Application Action ID# SAW-2016-01755 & DWR Project No. 2016-0858 To Whom It May Concern: On behalf of The Charles on Charles, LLC, Davey Resource Group is submitting a Pre-Construction Notification form and associated attachments for The Charles residential subdivision located in Greenville, NC. The purpose of the project is to construct a residential development to serve the housing needs of Greenville. The project proposes to permanently impact 0.02 ac of jurisdictional Waters of the US (non-stream) for building and road construction. Additionally, temporary impacts to 30 LF of stream & riparian buffers are needed to install a sewer line. No compensatory mitigation is proposed. Note that a previous developer applied for permits but did not move forward with the project. No impacts were installed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. THE CHARLES Pitt County, NC PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Preliminary Wetland Map (submitted with PJD request) Figure 5. Overall Site Plan Showing Proposed Impacts Figure 7. Sewer Crossing Detail 3.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 4.0 PREVIOUS PERMITS 1.0 AGENT AUTHORIZATION FORM DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Charles Blvd project located in Pitt County, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, Applicant \Nc 4Sot'1 CGv v €Sj Print Name 3 hi 2o2L Date www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Preliminary Wetland Map (submitted with PJD request) Figure 5. Overall Site Plan Showing Proposed Impacts Figure 7. Sewer Crossing Detail --... 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Feet Map Source: GIS Soils Data Charles Blvd Tract �� �n Pitt County, NC Figure 4 Resource Group Soils Map Date: April 4, 2022 3805 Wrightsville Avenue Map DRGNCW22.042 Wilmington, NC 28403 (910)452-0001 re, , , i, ..- y R qk • t`iiy ^0- .-z ', . • T-', fs,,j,. , I' - — .k„ 4, t, '44' ., •.:. -., ;40 '''' • -; i • f tr �: t ''r;' ''' ' itib _ , . , - ill- ,... „, L - . . . •... 1.. . in •*-110 ' el , -4' . ' r vir- ' • 1. , ,� �: r' • *ti. '*. .4 Y .,fit *. ti ' . y. �b .= , r „ ..;fit ' !, -' ' -' At Y 4 ,. .. -a104 r', _Y- • c. ti xo ,fr -. c 4..";. , ' . •;._ -- \ 400;1 2 et% v,.. , v. is rF _ t_ 111/ ip - ' i• 11 , ,.. . ... 10,. i.,... , . . , , , ts.,- r --:;‘,._ ,,, ot,.. .. ;it' ,..,:adi,, ,,,,, 1- -, r i , -v _ ,. f-r"------7.-- • ;;;I,,) . .. . -;014 iv... t, , . ...... 1 . .,.. , , . . _ _,,, frriir: .•-• �." Esria a 11t in,Q' OO penStreetMap contributors. L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.042 --- N Charles Blvd Tract, Baldwin Design Consultants\maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2020 NC One Map Charles Blvd Tract �� �n Pitt County, NC Figure 6 Resource Group Current Aerial Map Date: April 4, 2022 3805 Wrightsville Avenue DRGNCW22.042 Wilmington, NC 28403 (910)452-0001 I, / R NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. g `- - t.. �.- A survey of delineated areas and review and approval by the U.S. Army , z '-o'',, ` `- ►.°: •• Corps of Engineers is recommended prior to specific site planning. • *--A •z•. _ .i , - ' .>4014 -1105_} 4 41 A..---... t• r , a4 t� ` . =i i Ill %-.'' _ . -. 4,4a, % y ` Legend ► r� ;, II Project Area — 25.4 ac .0" .\, ' , .T : 1. ,�.• �! ` Si :,,,,� I Potential Uplands — 25.4 ac (100%) Y �r Yr Potential US Waters (Buffered Stream) — 1,908 If " _ \'•• _ "' —���- Potential US Waters (Non-Stream) — 1,298 If 1 4. .-, to lr _'I � 1 Approximate Tar/Pamlico Buffer III i 7T2' ,'r _ Data Point L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.042 --1 N Charles Blvd Tract, Baldwin Design Consultants\maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2020 NC One Map CharlesPittivd Tract PittDA �e Section 401/404 Pitt County, NC Resource Group Delineation Map Date: April 4, 2022 3805 Wrightsville Avenue Preliminary Sketch DRGNCW22.042 Wilmington, NC 28403 (910)452-0001 28' MBLELEVELEVELEVELEVELEV ELEVELEVELEV 23' P E R I P H E R A L B O U N D A R Y S E T B A C K 23' P E R I P H E R A L B O U N D A R Y S E T B A C K 23' PERIPHERAL BOUNDARY SETBACK23' PERIPHERAL BOUNDARY SETBACK23' PER IPHERAL BOUNDARY SETBACK 23' PERIPHERAL BOUNDARY SETBACK28' MBL 28' MBL28' MBL13' BUFFERYARD "A"13' BUFFERYARD "A"13' BUFFERYARD "C"13' BUFFERYARD "C"13' BUFFERYARD "C"13' BUFFERYARD "C"13' BUFFERYARD "C"13' B U F F E R Y A R D " C "13' BUFFERYARD "C"13' B U F F E R Y A R D " C "13' BUFFERYARD "C"13' BUFFERYARD "C "13' BUFFERYARD "C "13' BUFFERYARD "C"13' BUFFERYARD "C"13' BUFFERYARD "A"23' PERIPHERAL BOUNDARY SETBACK13' BUFFERYARD "A"ELEV3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)13567810911243-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)BREEZEWAY ELEV BREEZEWAYBREEZEWAYBREEZEWAYBREEZEWAYBREEZEWAYBREEZEWAY ELEV ELEVELEVELEVELEVELEVBREEZEWAY28' MBLBREEZEWAY8" PVC SAN. SEWERMH#12MH#11MH#10MH#9MH#8MH#7MH#6MH#58" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN . SEWER8" PVC SAN. SEWER8 " PVC SAN . SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWERMH#4MH#3MH#18" P V C S A N . S E W E R 8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWER8" PVC SAN. SEWERMH#13MH#14MH#15MH#16MH#17MH#18MH#19MH#20PROPOSED PERMANENT UTILITY EASEMENT(TO BE LOCATED 15' NORTH & PARALLEL TOSANITARY SEWER LINE AND EXTENDING TOTHE CENTER OF THE SOUTH PRONG OFMEETING HOUSE BRANCH)PROPOSED 20' TEMPORARYCONSTRUCTION EASEMENTZONE 1ZONE 220'ZONE 1ZONE 220'ZONE 1ZONE 220'ZONE 1ZONE 220'30'30'30'R=50'50' TAR - PAMLICORIPARIAN BUFFERFROM TOP OF BANK50' TAR - PAMLICORIPARIAN BUFFERFROM TOP OF BANK30'23' PERIPHERAL BOUNDARY SETBACK8" PVC SAN. SEWER(PROPOSED)23' PERIPHERAL BOUNDARY SETBACK 123.265 AC.50' TAR - PAML ICORIPAR IAN BUFFERFROM TOP OF BANK5FT6IN4FT3FT4FT4FT6IN0FT6IN0FT4FT4FT4FT4FT4FT3FT3FT3FT4FTFT4FT 23' PERIPHERAL BOUNDARY SETBACK23' PERIPHERAL BOUNDARY SETBACK 3-STORY BUILDING(30) 2-BEDROOM UNITS(16,317 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)BREEZEWAY3-STORY BUILDING(30) 2-BEDROOM UNITS(16,317 S.F.)ELEVELEVELEV3-STORY BUILDING(30) 2-BEDROOM UNITS(16,317 S.F.)3-STORY BUILDING(6) 1-BEDROOM UNITS(18) 2-BEDROOM UNITS(6) 3-BEDROOM UNITS(15,852 S.F.)BREEZEWAY ZONE 1ZONE 220'ZONE 1ZONE 220'ZONE 1ZONE 220'ZONE 1ZONE 220'30'30'30'R=50'50' TAR - PAMLICORIPARIAN BUFFERFROM TOP OF BANK50' TAR - PAMLICORIPARIAN BUFFERFROM TOP OF BANK30'50' TAR - PAML ICORIPAR IAN BUFFERFROM TOP OF BANKTHE CENTERLINE OF MEETING HOUSEBRANCH IS THE PROPERTY LINE(TYP.)THE CENTERLINE OF MEETING HOUSEBRANCH IS THE PROPERTY LINE(TYP.)EX. 8" ABS SEWER LINEEX. 8" ABS SEWER LINE50' UTILITY EASEMENT(MB 38, PG 136)25' DRAINAGE EASEMENT(MB 38, PG 136)EX. 8 " PVCSEWER L INE EX. 8 " P V C SE W E R L I N E EX. 8" ABS SEWER LINEEX. 8" ABS SEWER LINEEX. 8 " PVCSEWER L INE EX. 8 " P V C SE W E R L I N E EX 8" PVC SAN.SEWERSTORMWATER PONDStream Impact #1:30 LF (Temporary)SCALE: 1" = 150'StreamPRELIMINARY: NOT FOR CONSTRUCTION; FOR PERMITTING PURPOSES ONLYStream ImpactRiparian BufferBaldwin DesignConsultants, PASITE DESIGN AND SURVEYING INFORMATION PROVIDED BY:Jurisdictional Ditch ImpactZone 2 Buffer Impact:0.30 ac (Temporary)Zone 1 Buffer Impact:0.02 ac (Temporary)Open Water Impact #2:0.02 ac (213 LF x 5 LF)Open Water Impact #1:0.02 ac (532 LF x 2 LF)Riparian Buffer Impact (deemed allowable)Jurisdictional Ditch MH#1 PRO P O S E D P E R M A N E N T U T I L I T Y E A S E M E N T (TO B E L O C A T E D 1 5 ' N O R T H & P A R A L L E L T O SANI T A R Y S E W E R L I N E A N D E X T E N D I N G T O THE C E N T E R O F T H E S O U T H P R O N G O F MEET I N G H O U S E B R A N C H ) PRO P O S E D 2 0 ' T E M P O R A R Y C O N S T R U C T I O N L52 L53 L54 L48 L49 L50 L51ZONE 1 ZONE 2 20'30'8" PV C S A N . S E W E R (PRO P O S E D ) ZONE 1 ZONE 2 20'30'EX. 8" ABS SEWE R L I N E50' UTILITY EASEMENT (MB 38, PG 1 3 6 ) EX. 8" P V C S E W E R LI N E EX. 8" PVC SEWER LINEEX. 8" ABS SEWE R L I N E EX. 8" P V C S E W E R LI N E EX. 8" PVC SEWER LINESCALE: 1" = 30' PRELIMINARY: NOT FOR CONSTRUCTIONStream Stream Impact Stream Impact #1: 30 LF (Temporary) PROP O S E D 2 0 ' T E M P O R A R Y CON S T R U C T I O N E A S E M E N T Riparian Buffer Riparian Buffer Impact (deemed allowable) Zone 2 Buffer Impact: 0.30 ac (Temporary) Zone 1 Buffer Impact: 0.02 ac (Temporary) 3.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List Roy Cooper,Governor al ■■■ ■■ R NC DEPARTMENT OF D.Reid Wilson,Secretary ■■k■A NATURAL AND CULTURAL RESOURCES ■ ■■■ Missy Buchanan Deputy Dire ttrr,Natural Heritage Program NCNHDE-17560 March 30, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Charles Blvd Dear Kim Williams: 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/officestDirectory/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 rodney.butlerncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPART'IENT OF NATURAL AND CULTURAL RESOURCES 1) 1:1 W.JONES STREET,RALEIGI NC 27603 1CS1 MAIL SERVICE CENTER.RALEIGH,NC 27699 OFC 0157079120 • FA x 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Charles Blvd March 30, 2022 NCNHDE-17560 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name ast Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Dragonfly or 33766 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 Sl? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One-mile Radius of the Project Area No Managed Areas are Documented Within a One-mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/helo. Data query generated on March 30,2022;source: NCNHP,Q4,January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-17560: Charles Blvd rr '�'"� SM,pPrN • -ram • • 3. 1�4r c� GnMr G�n.ib _ 1i_� n,Gr . r T.., �v� k ,4,,,.YVrr Lr'• f.. • .. `'ry , .U�;r/° Ya[.ht cyyr �N� - RorrOc� t*rp 5', - ... s +-,I ,, P eYs p, r.. = • Cann- _kw roe"'~ r - - Crossroads •}^ a T � a.,.,erni,� c, F e . ' s y " r2 " .,-• r. �Vie 1. r :4 .Ad qtf o pc n b• F ' lift*, B°° JnaxiM Cr OW° 1O. V'5 i n • v `� r, skarxcn.it6 r'' •n, J '� �a".�Lv' I, S7 + �w.P 0~ X ,tiaq N:hn Fin a .3 °. x �xm` `dM �, .1r.1't,. r 4. fir,, •j • n o s h,n u �9 r Z 0 r ,a:, e - e lk'"R:r • 2 s'M1' V� .- V NM4„,,ke a'e $ E.acaliGer Er V'[ 44. !Fne 7•ixer ley y c V _ 25 ...Wesley 5d n 4¢G Cgr.1 Si ' 1, irpxnN Rd _ ,.Y,t''a' .N. J 1 f 8..MR.II.Fa f- K K' c rriY'��L'r i S, r. F c�r1i •,Y�rycn Dr ::wore r:n Y k 5 E,c1n St • • a ,r,R.31 Jerry,, .ncrry noIDr i. s c • 6e11s Fark `g i} °R .G ForA Swamp ,r v, n�5 -y c� }sr„n °' f 63 _ s � -. a y , y Co., R yya I''''I''''�d c � oy e y , �•r c I Frr-. , . r a vy = 01 .1.. Nfi s' ,L it 0 u" n.rSi � a r.0.. ? �.r$r W+E .. March 30, 2022 1:23,001 ❑ Project Boundary I 0.�, 0"i, Oil mi I I ❑ Buffered Project Boundary 0 0.3 0.6 1.2 km Sources:Esri.HERE.Garmin.Inlermap,increment P Corp..GEFCO,USGS, FAO.NPS.NRCAN,GeoOase,ION.Nadaster NL.Ordnance Survey.Esri,Japan. MET!.Esri China{Hang Korg)"(s)apen5Iree1Map Contributors,end the GIS User Community Page 3 of 3 IPaC Information for Planning and Consultation 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 read the introduction to each section that follows(Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands)for additional information applicable to the trust resources addressed in that section. sO 4,, Location Pitt County, North Carolina 1Icied.L.? 0) 7 CI 1 ¶ tt wP''"al Local office Raleigh Ecological Services Field Office (919) 856-4520 la (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI)for species are also considered.An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area.To fully determine any potential effects to species, additional site-specific and project- specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action"for any project that is conducted, permitted, funded, or licensed by any Federal agency.A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 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 Fisheries=)_ 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: Reptiles NAME STATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi 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/677201\414 110101041 \ Clams NAME STATU Atlantic Pigtoe Fusconaia masoni C3\00Threatened Wherever found There is final critical habitat for this species.The location of the critical habitat is not available. https://ecosiws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 Tar River Spinymussel Elliptio steinstansana Endangered Wherever found No critical habitat has been designated for this species. https://ecos,fws,gov/ecp/species/1392 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. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940row* \)\‘'..dr'S Additional information can be found using the following links` • Birds of Conservation Concern http:f/www.fws.gov/birds/management/managed-species/ birds-of-conservation-co n tern.php • Measures for avoiding and minimizing impacts to birds http:/Ivvww.fws.gov/b i rd s/ma nage me nt/pro ject-assess me n t-too ls-and-guidance/ conservation-measures.ph p • Nationwide conservation measures for birds 40-404..°S 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(IFA BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST,THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) 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 https://ecos.fws.govlecp/species19587 PA\ Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern(BCC)in this area, but warrants attention because of the Eagle Act or for potential n ' susceptibilities in offshore areas from certain types of development or activities. 0"a..i https:f/ecos.fws.govtecp/species11626 Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA and Alaska. 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. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions(BCRs)in the continental USA Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area.When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern(BCC)and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (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 10km 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: 1. "BCC Rangewide" birds are Birds of Conservation Concern(BCC)that are of concern throughout their range anywhere within the USA(including Hawaii,the Pacific Islands, Puerto Rico,and the Virgin Islands); 2. "BCC-BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the continental USA;and 3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements(for eagles)or(for non-eagles)potential susceptibilities in offshore areas from certain types of development or activities(e.g.offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds,efforts should be made, in particular,to avoid and minimize impacts to the birds on this list,especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal.The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data,see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles 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 National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION 1S 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. is1/4,0V1600, 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 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 proprietary jurisdiction 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 4.0 PREVIOUS PERMITS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01755 County: Pitt U.S.G.S. Quad:NC-GREENVILLE SE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: LCD Acquisitions,LLC. Andrew Young Address: 455 Epps Bridge Parkway Athens,GA,30606 Telephone Number: (706)543-1910 Size(acres) 28.4 Nearest Town Greenville Nearest Waterway Meeting House Branch River Basin Pamlico USGS HUC 03020103 Coordinates Latitude:35.571529 Longitude: -77.350611 Location description: The project site is located on the north side of Charles Blvd roughly 0.2 miles west of the intersection of East Fire Tower Road in the Bells Fork area of the town of Greenville in Pitt County,North Carolina. Description of projects area and activity: The proposed project involves the development of a residential subdivision.Impacts will include the filling of portions of two intermittent streams.The first site will involve the filling and grading of 165 linear feet of an un-named tributary for the installation of a stormwater treatment pond and the second site will involve the installation of 105 linear feet of culvert for an access/road crossing within a separate un-named tributary. Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ❑ Sections 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 29 SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 4, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced(i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C.Division of Coastal Management in Elizabeth City,NC,at(252)264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,please contact Kyle Barnes at(910)251-4584 or Kvle.W.Barnes(n usace.armv.mil. Corps Regulatory Official: Date: December 8,2016 Expiration Date of Verification: March 18,2017 SAW-2016-01755 Determination of Jurisdiction: A. ❑ There are waters,including wetlands, on the above described project area 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).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. Please note,if work is authorized by either a general or nationwide permit,and you wish to request an appeal of an approved JD,the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area 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 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. C. ® There are waters within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW- Basis For Determination: The waters identified within the property are un-named tributaries(RPW)that flow directly to the Tar River a TNW. Remarks: The upper 4701f of stream from Charles Blvd to the woods line on the main tributary is intermittent as well as the 2501f tributary off of it.The remainder of the tributary is perennial. E. Attention USDA Program Participants This delineation/determination 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 jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction 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: Jason Steele,Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta,Georgia 30303-8801 Phone: (404)562-5137 SAW-2016-01755 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 2/6/2017 **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: Kyle Barnes Date of JD: December 8,2016 Expiration Date of JD: December 8, 2021 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 our Customer Satisfaction Survey,located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy furnished: Agent: Land Management Group,Inc. Address: 3805 Wrightsville Ave. Suite 5 Wilmington,NC 28403 Telephone Number: (910)452-0001 SAW-2016-01755 Action ID Number: SAW-2016-01755 County: Pitt Permittee: LCD Acquisitions, LLC. Andrew Youn2 Project Name: South Charles Blvd Tract/Pitt Date Verification Issued: December 8, 2016 Project Manager: Kyle Barnes Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Kyle Barnes Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: LCD Acquisitions,LLC. File Number: SAW-2016-01755 Date:December 8,2016 Andrew Young Attached is: See Section below n 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 I ❑ 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 http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or 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 fmal 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. 1 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. I ID 0[KI IMM O '7D II Will II 11S 'Al [s ' /Grp • 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,Attn: Mr. Jason Steele,Administrative Appeal Review Officer Kyle Barnes CESAD-PDO 2407 West 5th Street U.S.Army Corps of Engineers, South Atlantic Division Washington,NC 27889 60 Forsyth Street,Room 10M15 Atlanta,Georgia 30303-8801 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 opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Kyle Barnes,2407 West 5th Street,Washington,North Carolina 27889 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.Jason Steele,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 IS NO Written Canrnnence needed fur 401 Certification fur 12etreat et Greenville(OWR p foyer t Md.2016-6E59 Ver.21-Mersa9e(HIM) File Message Help IIIIi - B Archive rJ Move- "i Reply "} Reply All - Forward ©o Categorv.e- Pip Follow up• .5E) Find A'1 Read Aloud [-'75 Immersrue Reader a Translate• Q Zoom ••• No Written Concurrence needed for 401 Certification for Retreat at Greenville(DWR Project No.2016-0858 Ver.2) Scarbrough,Anthony rar thdnys arbraugh@ncdenr.gdv> b E]Reply 3 Re rly All l Forward Tv Andrew.YvungeEendmarkPropwt es.com Mon 11R812 01 6 83 5 AM Cc Kim Williams ft rev replied to this message on 11/28/2016 1R08 AM. GC 389o.pdr .pdr i le Mr.Young, • You have our approval,In accordance with the attached conditions to Impact 0.031 acres of Waters of In order to construct a multi-famlly units and associated Infrastructure as described in your application dated November 4,2016 and received by the Division of Water Resources(Division)on November 9, 2016.After reviewing your application,we have decided that the Impacts are below the threshold for written authorization as long as the conditions of General Water Quality Certification Number 3890(GC 3890)are met.This certification allows you to use the Nationwide 29 when issued by the US Army Corps of Engineers.Please note that you should get any other federal,state or local permits before proceeding with your project,including those required by(but not limited to)Sediment and Erosion Control,Non-Discharge,and Water Supply Watershed regulations. This approval is only valid for the purpose and design that you described in your application except as modified below.If you change your project,you must notify us and you maybe required to send use new application.If the property Is sold,the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions.IF total wetland fills for this project{now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H.0506 lh)(6)and(7).This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.For this approval to be valid,you must follow the conditions listed in the attached certification. Please contact me if you have any questions or concerns. Thanks, Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources-Water Quality Regional Operations Department of Eneiranmenlal all alit' 252 948 3924 office aOatynnv scarbrauohllnedenr axe 943 Washington Square Mall Washington,NC 27889 ?-Nothing Compares.-- Email correspondence to and horn this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 130 0 Type here to search • /- 12 w 0 - - _. Pi