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HomeMy WebLinkAbout20220791 Ver 1_ePCN Application_20220609Pre -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: 5/3/2022 BIMS # Assigned * 20220791 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Fayetteville Regional Office - (910) 433-3300 Information for Initial Review Version#* What amout is owed?* O $240.00 O $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington la. Name of project: Harrington Place Residential Development la. Who is the Primary Contact?* Brandon Harrington lb. Primary Contact Email:* lc. Primary Contact Phone:* brandon@harringtonpropertiesofnc.com (919)770-5969 Date Submitted 6/9/2022 Nearest Body of Water Upper Little River Basin Cape Fear Water Classification C Site Coordinates Latitude: 35.429235 A. Processing Information Longitude: -79.045267 County (or Counties) where the project is located: Harnett 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: 21 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: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 14, 58 td. Type(s) of approval sought from the DWR: Cl 401 Water Quality Certification - Regular O Non-404 Jurisdictional General Permit O'. Individual 401 Water Quality Certification 14 - Linear transportation 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: tf. Is this an after -the -fact permit application?* O Yes O No 0 401 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 )No B. Applicant Information OYes 0No OYes 0No td. 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: Harrington Properties of NC 2b. Deed book and page no.: NA 2c. Contact Person: Brandon Harrington 2d. Address Street Address 2659 San Lee Drive Address Line 2 City Sanford Postal / Zip Code 27330 State / Province / Region North Carolina Country United States 2e. Telephone Number: 2f. Fax Number: (919)770-5969 2g. Email Address: * brandon@harringtonpropertiesofnc.com 4. Agent/Consultant (if applicable) 4a. Name: Heather McFeeters 4b. Business Name: SWCA Environmental Consultants 4c. Address Street Address 113 Edinburgh South Drive, Suite 120 Address Line 2 City State / Province / Region Cary North Carolina Postal / Zip Code Country 27511 United States 4d. Telephone Number: 4e. Fax Number: (919)292-2200 4f. Email Address: * HMcFeeters@swca.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Harrington Place lc. Nearest municipality / town: Broadway, NC 2. Project Identification 2a. Property Identification Number: 139681 0024, 139681 002401 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Upper Little River 3b. Water Resources Classification of nearest receiving water: * C 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. 030300040204 - Jones Creek -Upper Little River 4. Project Description and History 2b. Property size: 77.4 State / Province / Region Country 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:* Undeveloped agricultural fields with herbaceous and forested uplands, and palustrine emergent and palustrine forested wetland communities. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). PJD signed 1/18/2022 (SAW-2021-01342) is attached 4f. List the total estimated acreage of all existing wetlands on the property: 9.8 4g. List the total estimated linear feet of all existing streams on the property: 2710 4h. Explain the purpose of the proposed project:* The project is developing residential housing to support the growing population. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Approximately 44 acres within the property will be cleared and graded to develop housing lots and associated roads using standard construction equipment. Construction sequence and erosion control detailed on engineering drawing. Impacts are due to roads and water lines associated with the new housing development. Housing lots avoid wetlands. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ▪ Yes ONo Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ▪ Preliminary 0 Approved 0 Not Verified O Unknown 0 N/A Corps AID Number: SAW-2021-01342 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: SWCA Environmental Consultants 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD signed 1/18/2022 (SAW-2021-01342) is attached 6. Future Project Plans 6a. Is this a phased project?* O Yes O 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 0 Wetlands O Open Waters 2. Wetland Impacts iy] Streams -tributaries O Pond Construction 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1 Road / Water line P NON-NCWAM TYPES WB No Corps 0.062 (acres) 2 Road / Water line P Bottomland Hardwood Forest WA Yes Corps 0.005 (acres) 3 Road / Water line P Bottomland Hardwood Forest WA Yes Corps 0.019 (acres) 4 Road / Water line P Bottomland Hardwood Forest WA Yes Corps 0.053 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.139 2g. Total Wetland Impact 0.139 2i. Comments: Impacts from roads and water line associated with new housing development. Housing lots avoid wetlands. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (7) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert Permanent Culvert SA Intermittent Corps 3 Average (feet) 20 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 20 3i. Total stream and ditch impacts: 20 3j. Comments: Impact from culvert associated with a new walking trail around existing pond. E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The boundaries of housing lots were adjusted to avoid impacts. The new subdivision roads were designed to minimize impacts. Most wetlands and streams will remain undisturbed in Open Space. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: During construction the wetland boundaries will be clearly delineated and signage will be placed to indicate 'No Impact Allowed Past This Point. Erosion control, including rock silt checks and silt fence, are detailed on the engineering drawings. 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 a No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes ONo If no, explain why: Project is in the Cape Fear basin where rules do not apply. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * 0 Yes * No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 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 government stormwater program? O Yes O No O N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: O Local Govemment ❑O State State Stormwater Programs O Phase II O HWQ or ORW Comments: ❑ Coastal Counties O Other The site has been designed with low impact techniques. Built -Upon Areas have been located away from existing wetlands to the extent practical. No individual lots will contain jurisdictional waters. Roadways will drain to vegetated roadside ditches (except where rip rap is needed for erosion control). Culvert lengths are kept to a minimum by crossing perpendicular to the roads and using end treatment. Overall percent of imperviousness is 11.4%. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes • No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes • No 3b. If you answered "no," provide a short narrative description. There are no anticipated future developments after the housing development is built. 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 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 No 5g. Does this project involve bridge maintenance or removal? Yes • No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 Yes 0 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? USFWS IPaC list and field verification of no suitable habitat during wetland delineation by SWCA Environmental Consultants. 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?* Essential Fish Habitat Mapper (NOAA) 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?* NCHPO Online Map Viewer (HPOWEB 2.0) accessed 4/14/2022. 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 FIRM Map 3710968000J 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 SAW-2021-01342 Harrington Rosser Pitman Road PJD signed_certified.pdf 1.16MB PREL PLAT - KNIGHT ROAD RD (11-17-21).pdf 1.46MB 65683_Fig3_Results_VegBuffers_20220606.pdf 1.71 MB Ale must be PDF or KMZ Comments The attached Figure 3 depicts required storm water vegetative buffers. Signature iil 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: Heather McFeeters Signature 'Wette&t- Date 6/9/2022 i i I JOHNNY C. PATTERSON & JEFFERY SCOTT PATTERSON PIN 9681 -41 -21 49.000 LOT 5 TROY WILLETT D.B. 1222, PG. 247 P.0 99, SL. 658 PIN 9681-40-2835.000 SIF N in LOT 6 TROY WILLETT & JOYCE W. PHILLIPS D.B. 1403, PG. 183 PIN 9681-40-3548.000 LOT 7-A JOYCE W. PHILLIPS D.B. 1409, PG. 290 P.C. 2000, SL. 213 PIN 9681-40-2375.000 LOT 7-B JAMES A. PHILLIPS D.B. 1415, PG. 47 P.C. 2000, SL. 213 PIN 9681-40-2108.000 LOT 8 JOYCE W. PHILLIPS & JAMES A PHILLIPS D.B. 3260, PG. 610 P.C. 99, SL. 658 PIN 9680-49-1972.000 S 01°51'07" W 43.18' SIF .„7" • VI° u� ou 0 0 CP / NEB Gp3 I 18 MAPPE1D WEYLAT16S --(T1'P) 86°56'28" E 76 CHUCK LEE MCLEOD D.B. 2934, PG. 898 PIN 9680-49-7813.000 N 86°32'57" W I I i I I I i I I I I 1155.32' / / LEMMOND FAMILY LIMITED PARTNERSHIP D.B. 1062, PG. 47 THRU 49 PIN 9681-51-4420.000 WILLIAM D. HARRINGTON JR. TRUST & JAMES K. HARRINGTON TRUSTEE TRACT I, D.B. 3177, PG. 39 THRU 42 PIN 9681-50-4492.000 w 11s.09' / 6.32' V 0 0 M 0 (A EIP NAIL AT BASE EIP 120.52' 6810° 5.3' 50"W 'yV81 ° 49' 09" 122.11' 61.59'W\ N84° 3333"W GEORGE WpMACK & THELDORA WpMACK D.B. 386, PG. 46 PIN 9680 49 9852.000 224.58. 81'°9'12" E 44.10 150.01' RBS TOMAS R MARTINEZ & RUBI❑ LUCY NALLELY MDA.B.P# 3763, 2001 PG.-783 915 PIN 9680-59-3860 442 42 N04° 39' 43"E 82.09' N04° 39' 43"E S 47.79' N53° 14' 39"W 68.08' . . . N06° 34' 53"E 4 0.8 9' - - 0 JERRY W. PRINCE & MELISSA D. PRINCE D.B. • 3553, PG, 226 MAP`# 2002-75'1 PIN 9681-61-1975.000 N 84°48'14 WILLIAM D. HA'°R•INGTON• JRr TRUST- & 61. JAMES K. HAR'INGTON TRUSTEE TRACT III, D.:.• 2177; PG. 39 •THRU• 42 PIN 9681- k3611.000 84°47'09 K IGHT S87° 04' 25"W 70.24' U 160' FILL CONDITION 14' 6' SHLDR EDGE TO R/W 4:1 SHLDR 1"/FT DITCH, AS REQUIRED PER PLAN R/W 20' EP TO EP 10' 1/4"/FT C/L TO EP 1/4„/FT 1 .- I 6' CUT CONDITION 6' 8' SHLDR 1"/FT SHLDR EDGE TO DITCH C/L ROADWAY TYPICAL SECTION SCALE: 1" = 5' 4:1 DITCH C/L TO R/W 4:1 N77° 18' 00"W 70.70' EX. 8" WATER MAIN (GIS) W 113643' S85° 03' 04"W 71.00' S 84°47'09" E 797.61' 85° 20' 17"E 120, 0 S3 N78° 57' 46"W 70.43' 10' SIDE SETBACK in REAR N SETBACK HOUSE FRONT SETBACK ROAD 10' SIDE SETBACK LOT RESTRICTIONS PER ARTICLE IV SECTION 14 OF U.D.O. (RA-20R ZONING) 'I 0 z GRADER BLADE O z EIP / OVERLAP / \ 96G19 CG p, \ F EGG./ • \ \ IN (3,3Cd \ \ 96& , p CD \ \ 6j s86 9 c� \ BARY p/, 9 CIS �Oy 681<9 SGO 749 / NOW OR FORMERLY OLIVA MINTER 4 AC +- OVERLAP MATTIE LEE ❑CLTREE WILL 99E :27 LOT # 1-A PC# C, PG. 71 PIN 9681-80-6286.000 N 04°39'43" E 566.63' 1 1 EX. 8" WATER MAIN (GIS) EASEMENT 30' X 30' ALLTELL EXHIBIT "A" D.B. 1618, PG. 559 EX. FIRE HYDRANT NOTES TIMOTHY ❑CLTREE D.B. 3587, PG. 297 LOT #3-A MAP# 2018-66 PIN 9681-60-8242.000 AVM ill 1:44%nig Is 110. *VWAMBM LOCATION MAP SCALE: 1" = 1,500' SITE DATA PROPERTY OWNER OF RECORD: TRACT I AND II: WILLIAM D. HARRINGTON JR. TRUST & JAMES K. HARRINGTON TRUSTEE DEVELOPER: HARRINGTON PROPERTIES OF NC 2659 SAN LEE DRIVE SANFORD, NC 27330 PHONE: (919) 770-5969 CONTACT: MR. BRANDON HARRINGTON PROPERTY ID: TRACT I: HARNETT COUNTY, NORTH CAROLINA PIN NO.: 9681-50-4492 PARID: 139681 0024 DEED REFERENCE: D.B. 3177 PG. 0039-42 ZONE: RA-20R 46.0 AC (BY DEED); 50.58 AC (CALCULATED) 0 ROSSER PITTMAN ROAD; BROADWAY, NC 27505 SITE INFO: ZONING CLASSIFICATION PROPOSED: PARENT TRACT PROPERTY ACREAGE (COMBINED TRACTS I AND II): PROPOSED NUMBER OF SINGLE FAMILY LOTS: LOT SIZE REQUIRED (MINIMUM): LOT WIDTH REQUIRED: FRONT SETBACK REQUIRED: REAR SETBACK REQUIRED: SIDE SETBACK REQUIRED: OPEN SPACE AREA: ROADWAY OWNERSHIP PROPOSED: ROADWAY R/W WIDTH PROPOSED: ROADWAY R/W AREA PROPOSED: ROADWAY LENGTH PROPOSED (PUBLIC): WATERLINE OWNERSHIP PROPOSED: WATERLINE LENGTH PROPOSED: WATERLINE DIAMETER PROPOSED: SANITARY SEWER OWNERSHIP PROPOSED: 1. REVIEW AND APPROVAL OF THE PLANS DOES NOT RELIEVE THE OWNER, CONTRACTOR, OR DEVELOPER FROM MEETING ALL THE REQUIREMENTS OF THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE, AND ANY OTHER LOCAL, STATE, AND FEDERAL REGULATIONS AND APPROVALS. 2. ALL IMPROVEMENTS OR EXTENSIONS OF PUBLIC INFRASTRUCTURE UNDER THE JURISDICTION OF THE HARNETT COUTY PUBLIC UTILITIES DEPARTMENT SHALL BE IN STRICT ACCORDANCE WITH THEIR REQUIREMENTS AND SPECIFICATIONS. 3. THIS SITE IS NOT WITHIN THE 100 YEAR FLOOD HAZARD BOUNDARY AREAS AS DELINEATED ON THE HARNETT COUNTY FLOOD INSURANCE MAP (FIRM) MAP NUMBER: 3710968000J DATED OCTOBER 3, 2006. 4. THE PROPOSED DEVELOPMENT SITE IS NOT LOCATED IN A DESIGNATED WATER SUPPLY WATERSHED. 5. THE PROPERTY BOUNDARY INFORMATION IS TAKEN FROM THE MAP PREPARED BY MITCHELL W. COLE, PLS, TITLED 'SURVEY FOR HARRINGTON PROPERTIES OF NC, INC.', DATED 6. THE EXISTING TOPOGRAPHY FEATURES ARE TAKEN FROM THE HARNETT COUNTY GIS. 7. THE OWNER'S ENVIRONMENTAL CONSULTANT HAS MAPPED THE LOCATION OF EXISTING STREAMS AND WETLANDS AND ARE SHOWN ON THIS PLAN FOR REFERENCE. A JURISDICTIONAL DETERMINATION BY THE US ACE WILL BE COMPLETED AT A LATER DATE. 8. A SOILS EVALUATION WAS PERFORMED BY THE OWNER'S SOIL SCIENTIST, THOMAS J. BOYCE LLS, REHS ON FEBRUARY 5, 2021. THE UNSUITABLE SOILS APPROXIMATES THE WETLAND LOCATIONS SHOWN ON THIS PLAN. PRIOR TO RECORDATION, LOTS WILL NEED TO BE REVIEWED TO ENSURE ADEQUATE TREATMENT/REPAIR AREA. 9. 'OPEN SPACE' TO BE OWNED AND MAINTAINED BY THE HOMEOWNER'S POA CREATED FOR THIS DEVELOPMENT. 10% OF OPEN SPACE IS REQUIRED TO BE IMPROVED. PROPOSED IS A WALKING TRAIL TO MEET THIS REQUIREMENT. 10. TO DETERMINE PROPOSED WATER MAIN SIZES, A HYDRANT FLOW TEST WAS CONDUCTED BY ON TRACT II: HARNETT COUNTY, NORTH CAROLINA PIN NO.: 9681-61-1364 PARID: 139681 0024 01 DEED REFERENCE: D.B. 3177 PG. 0039-42 ZONE: RA-20R 25.0 AC (BY DEED); 26.77 AC (CALCULATED) 0 ROSSER PITTMAN ROAD; BROADWAY, NC 27505 RA-20R (SAME AS EXISTING) 77.41 AC (0.29 AC IN R/W); 77.12 AC (NET) 70 LOTS 20,000 SF 80 FT 35 FT 25 FT 10 FT 31.63 AC (41%) PUBLIC (NCDOT) 60 FT (60 FT RADIUS ON CUL-DE-SAC) 7.8 AC +/- 5,420 FT +/- PUBLIC (HARNETT COUNTY PUBLIC UTILITIES) 5,840 FT (+/-) 2-IN, 6-IN, AND 8-IN PRIVATE (INDIVIDUAL SEPTIC SYSTEMS) 150 0 75 150 300 SCALE: 1" = 150' J THOMAS ENGINEERING, INC. CIVIL ENGINEERING 8( PLANNING 143 Charlotte Avenue, Suite 104 Sanford, North Carolina 27330 (919) 777-6010 phone www.jthomasengineering.com license no. C-3389 PROFESSIONAL ENGINEER'S SEAL PRELIMINARY PLAT ISSI (,I REVISIONS PRELIMINARY PLAT NOT FOR RECORDATION, CONVEYANCES, OR SALES Scale: SEE SCALE BAR Drawn by: JRT Sheet: 1 of 1 Designed by: JRT Reviewed by: JRT Project Number: 21-002A Date: 15 NOV 2021 HARRINGTON PROPERTIES WETLAND DELINEATION Potentially Jurisdictional Waters SWCA ENVIRONMENTAL CONSULTANTS O Data Point Potentially Jurisdictional Non -wetland Water (Intermittent Stream) _ Potentially Jurisdictional Non -wetland Water (Perennial Stream) Potentially Jurisdictional Wetland (PEM) 11 Potentially Jurisdictional Wetland (PFO) 11Potentially Jurisdictional Non -wetland Water (Pond) __, Vegetation Setback = Project Area Harnett County, North Carolina NAD 1983 StatePlane North Carolina FIPS 3200 79.0478°W 35.4284*N Base Map: ESRI ArcGIS Onllne, accessed June 2022 Updated: 6/6/2022 Project No. 65683 File: 65683_Fig3_Results A 1:3,600 0 140 280 1=1Feet Meters 0 30 60 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01342 County:Harnett U.S.G.S.Quad:NC-Broadway NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Brandon Harrington Address: 345 McCleod Road Broadway,NC 27505 Telephone Number: 919-770-5969 E-mail: brandon(i/harringtonpropertiesofnc.com Size(acres) -77-acres Nearest Town Broadway Nearest Waterway Upper Little River River Basin Cape Fear USGS HUC 03030004 Coordinates Latitude:35.429235 Longitude:-79.045268 Location description:The site is located on two parcels(PINs:9681-61-1364 and 9681-50-4492),south of Hi2hwav 421,at approximately 596-970 Rosser Pittman Road,in Broadway,Harnett County,North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination 14 There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/18/2022.Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters, including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act (CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once SAW-2021-01342 verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. ❑The waters,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Liz Hair at 910-251-4049 or sarah.e.hair(u,usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 1/18/2022. D. Remarks: N/A 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 jurisdictional determinations as indicated in B. above) 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: Mr.Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,Floor M9 Atlanta,Georgia 30303-8803 AND PHIL IP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit an RFA/ foam to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: �j / ' � Date of JD: 1/18/2022 Expiration/Date of JD:Not applicable SAW-2021-01342 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 https://regulatory.ops.usace.army.mil/customer-service-survey/. Electronic copy furnished: Kara Giblin,Tom Hale,Heather McFeeters;SWCA Environmental Consultants NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL — s Applicant: Brandon Harrington File Number: SAW-2021-01342 Date: 1/18/2022 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations aQ3 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 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. • 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. mVCTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A. SHANNIN Attn:Liz Hair ADMINISTRATIVE APPEAL REVIEW OFFICER Wihnington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 69 Darlington Avenue ATLANTA,GEORGIA 30303-8803 Wihnington,North Carolina 28403 PHONE:(404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN@USACE.ARMY.MIL 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:Liz Hair,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone:(404)562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 18-JAN-2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Harrington, Brandon 345 Mccleod Road Broadway, NC 27505 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW, Rosser Pittman Road Site / Broadway/ Harnett, SAW-2021-01342 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Harnett County City: Broadway Center coordinates of site (lat/long in degree decimal format): Lat.: 35.429235° Long.: -79.045268° Universal Transverse Mercator: 17 Name of nearest waterbody: Upper Little River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 18-Jan-2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude(decimal Longitude Estimated amount Type of aquatic Geographic degrees) (decimal degrees) of aquatic resource(i.e., authority to which resource in review wetland vs. non- the aquatic area(acreage and wetland waters) resource"may be" linear feet, if subject(i.e., applicable) Section 404 or Section 10/404) Pond A 35.430278 -79.046832 0.4 acres Non-wetland waters Section 404 SA 35.428626 -79.050073 1076 feet Non-wetland waters Section 404 SB 35.427768 -79.05116 791 feet Non-wetland waters Section 404 SC 35.426865 -79.050168 240 feet Non-wetland waters Section 404 SD 35.427374 -79.050847 603 feet Non-wetland waters Section 404 WA 35.427615 -79.048257 9.2 acres Wetland Section 404 WB 35.429766 -79.046105 0.6 acres Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 1 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: _X_ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Harrington Properties Wetland Delineation Map dated 18-Jan-2021. _X_ Data sheets prepared/submitted by or on behalf of the PJD requestor. X Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. X U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Broadway. X Natural Resources Conservation Service Soil Survey. Citation: ' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 2 of 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM National wetlands inventory map(s). Cite name: State/local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: . (National Geodetic Vertical Datum of 1929) _X_ Photographs: _X_ Aerial (Name & Date): _X_ or _X_ Other (Name & Date): Previous determination(s) File no. and date of response letter: Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 18-Jan-2022 ,L //a *refer to PJD form dated 10-June-2021 Signature and date of Regulatory staff Signature and date of person requesting member completing PJD PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Page 3 of 3 HARRINGTON PROPERTIES WETLAND DELINEATION Potentially Jurisdictional Waters SWCA ENVIRONMENTAL CONSULTANTS O Data Point Potentially Jurisdictional Non -wetland Water (Intermittent Stream) _ Potentially Jurisdictional Non -wetland Water (Perennial Stream) Potentially Jurisdictional Wetland (PEM) Potentially Jurisdictional Wetland (PFO) Potentially Jurisdictional Non -wetland Water (Pond) 0 Project Area Harnett County, North Carolina NAD 1983 StatePlane North Carolina FIPS 3200 79.0478° W 35.4284° N Base Map: ESRI ArcGIS Online, accessed January 2022 Updated: 1/18/2022 Project No. 65683 File: 65683_Fig3_ResuIts 1:3,600 0 140 280 Feet •Meters 0 30 60