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HomeMy WebLinkAbout20220899 Ver 1_ePCN Application_20220701Pre -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: 5/31/2022 BIMS # Assigned * 20220899 Is a payment required for this project?* 0 No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review Version#* What amout is owed?* ® $240.00 0 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn la. Name of project: Avery Woods Subdivision la. Who is the Primary Contact?* Sean Clark lb. Primary Contact Email:* sclark@sageecological.com Date Submitted 7/1/2022 Nearest Body of Water Richland Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 36.0203 A. Processing Information Longitude: -78.5022 lc. Primary Contact Phone:* (919)559-1537 County (or Counties) where the project is located: Franklin 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 Op Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0Yes ONo OYes 0No Id. Who is applying for the permit? 0 Owner EO Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: John C Conyers Jr., Curtis Lee Grubb 2b. Deed book and page no.: DB1590/PG330; DB1590/PG333; DB173/PG179 2c. Contact Person: 2d. Address Street Address 230 Fish Stallings Road & 1944 Wood Duck Lane Address Line 2 City Youngsville & Myrtle Beach Postal / Zip Code 27596 & 29575 State / Province / Region NC & SC Country USA 2e. Telephone Number: (919)559-1537 2f. Fax Number: 2g. Email Address:* sclark@sageecological.com 3. Applicant Information (if different from owner) 3a. Name: Gordon Poulsen 3b. Business Name: Forsyth Investments Company, LLC 3c. Address Street Address 414 Forsyth St. Address Line 2 City Raleigh Postal / Zip Code 27609 3d. Telephone Number: (919)345-6805 3f. Email Address:* gordon.poulsen@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Sean Clark 4b. Business Name: Sage Ecological Services, Inc. 4c. Address Street Address 3707 Swift Creek Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)559-1537 4f. Email Address: * sclark@sageecological.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) Avery Woods Subdivision lc. Nearest municipality / town: Youngsville 2. Project Identification 2a. Property Identification Number: 1842-76-1367, 1842-66-1923, 1842-77-3839 2b. Property size: 87.81 2c. Project Address Street Address Holden Road Address Line 2 City Youngsville Postal / Zip Code 27596 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Richland Creek 3b. Water Resources Classification of nearest receiving water: * C; NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010701 4. Project Description and History 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 comprised of 3 adjacent parcels totaling 81.81 acres. The property contains large agricultural fields and two ponds. Remaining un-timbered forests are dominated by a hardwood canopy and interspersed with pine trees. There is an existing overhead transmission line immediately east of the Site. There are three streams, two ponds and five wetlands on the Site. Residential and agricultural properties exist around the Site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.28 4g. List the total estimated linear feet of all existing streams on the property: 2,604 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this area of Franklin County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project is to construct a residential subdivision with necessary internal roads and stormwater devices. Two streams bisect the property: one to the north and one to the south. There is one stream crossing proposed in the first phase to access the useable upland portions of the property. The second stream crossing will not be requested for several years. Franklin County only issues 50 lots of public water connection (i.e. sewer and water) allocations at a time, and 30% of those lots must be constructed, sold and have open/active water accounts before the County will consider allocating more connections. The developer is taking a risk in developing the additional 53 lots and infrastructure in Phase 1 (intending to construct 103 lots this first phase) and that they will be pad ready when the next round of public water allocations are granted. The applicant is fully aware that stream mitigation for the entire site may be required when the second stream crossing is requested. Streams are not crossed multiple times by roads. With the exception of a future stream crossing, the remaining jurisdictional resources on the Site will be avoided. Utilities for the proposed project will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g. backhoes, bulldozers, etc.) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes 0 No 0 Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2022-00310 Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball S&EC 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USAGE verification issued on 3/11/22 DWR Buffer determination (NBRRO #22-052) issued on 4/8/22 6. Future Project Plans 6a. Is this a phased project?* O Yes O No 6b. If yes, explain. Two streams bisect the property: one to the north and one to the south. There is one stream crossing proposed in the first phase to access the useable upland portions of the property. The second stream crossing will not be needed and/or requested for several years. Franklin County only issues 50 lots of public water connection (i.e. sewer and water) allocations at a time, and 30% of those lots must be constructed, sold and have open/active water accounts before the County will consider allocating more connections. The developer is taking a risk in developing the additional 53 lots and infrastructure in Phase 1 (intending to construct 103 lots this first phase) and that they will be pad ready when the next round of public water allocations are granted. The applicant is fully aware that stream mitigation for the entire site may be required when the second stream crossing is requested. 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? When the next stream crossing is required, the applicant intends to request a NWP 29 for Phase 2 of the project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): O Wetlands Li Open Waters 3. Stream Impacts l] Streams -tributaries O Pond Construction O Buffers 3a. Reason for impact (7) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (7) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* si Impact 1 Road Crossing Permanent Culvert SB Perennial Both 3 Average (feet) 101 (linear feet) S2 Impact 1 Road Crossing Permanent Rip Rap Fill SB Perennial Both 3 Average (feet) 11 (linear feet) S3 Impact 1 Road Crossing Temporary Dewatering SB Perennial Both 3 Average (feet) 17 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 112 3i. Total stream and ditch impacts: 129 3i. Total temporary stream impacts: 17 3j. Comments: Of the proposed stream impacts, only 101 LF are permanent due to the culvert installation. The rip rap dissipator pad will be countersunk below the stream bed; therefore, while a permanent impact, it is not considered a permanent loss of channel function. The proposed 17 LF of temporary impacts are necessary for the installation of impervious dikes and the pump around operation to construct the culvert "in the dry." The dewatering activities will be concurrent with the culvert installation. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. pO Neuse O Catawba 0 Goose Creek O Other O 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 Impact 1 Road Crossing P SB No 7,360 3,104 Impact 1 Road Crossing T SB No 1,022 379 Impact 2 Sewer installation P SB No 0 13 Impact 2 Sewer installation T SB No 664 3,455 Impact 3 SCM P SB No 0 533 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 1,686.00 Zone 1 7,360.00 Zone 1 9,046.00 3,834.00 Zone 2 3,650.00 Zone 2 7,484.00 6i. Comments: Per 15A NCAC 02B .0714 (9)(10) & (11), the proposed Neuse River Riparian Buffer impacts are either "deemed allowable" or "allowable upon authorization." 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: There are 3 streams, 2 ponds and 5 wetlands on the subject Site. The proposed roadway infrastructure results in 1 stream crossing in Phase 1 and potentially a second stream crossing in a future phase. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and wetlands. Stormwater outfalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing and sediment basins will also be used to prevent sediment runoff into stream and wetland 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? Yes J No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: As currently shown, the proposed impacts are below mitigation thresholds. The applicant understands that if future impacts to streams exceed 150LF/0.02 acres of impact, mitigation will be required and that it will be cumulative to previous phases of the project. 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? 10 Level Spreader O Vegetated Conveyance (lower SHWT) 0 Wetland Swale (higher SHWT) O Other SCM that removes minimum 30% nitrogen O Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes ONo 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 government stormwater program? O Yes O No O N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters. * O Stormwater Management Plan O Antidegradation Calculations Comments: The Site is within Franklin County, a delegated authority and therefore, the County will be approving the stormwater management plan for the project. Two permanent stormwater basins are proposed for the development. There are no discrete discharges of stormwater through the buffer or to the streams. The applicant requests a conditional 401 approval until the municipality reviews and approves of the SMP for the development. 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 . 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 O 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Richland Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 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 development will connect to existing sewer lines off site. 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?* O 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?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0Yes ONo O No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ONo 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0Yes ONo 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? OYes 0No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? On June 29, 2022, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E species are documented on or within 1.0-mile of the Site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes ,j No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The proposed project is in Franklin County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 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 @ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site, however, the Wall Log House (FK0463) is listed as "Surveyed Only - Gone". There are seven other properties listed within 1.0-mile of the Site. 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 online database: panel 3720184200L, effective on 04/16/2013 Miscellaneous (J 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 Avery Woods Supplemental information for PCN.pdf 11.28MB 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: Nicole J. Thomson Signature Date 7/1/2022 SAGE ECOLOGICAL SERVICES E5 .21116 July 1, 2022 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Ms. Aril Norton Attn: Ms. Colleen Cohn 3331 Heritage Trade Dr., Ste. 105 512 N. Salisbury St., Archdale Bldg. 91h Flr Wake Forest, NC 27587 Raleigh, NC 27604 Re: Avery Woods Subdivision Request for NWP 29 and GC 4256 Authorization Sage Project #2022.113 On behalf of Forsyth Investments Company, LLC (applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed development of the Woodbridge South subdivision (Project) may proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256). Project Purpose and Location The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this area of Franklin County. The site is located off Holden Road, east of the intersection of Holden Road and US Highway 1. Project Detail The proposed Project consists of the construction of a residential development with associated utilities and roads. Homes will tie into existing public water systems. Access to the Site will be provided via Holden Road to the north. Heavy equipment typically used for residential development projects (e.g., backhoes, bulldozers, etc.) will be utilized. No federally threatened or endangered species are listed to occur on the Site according to the NC Natural Heritage Program (NCNHP) Database. (see attached report dated June 29, 2022). The Site itself is not listed as a historic property. There was one structure, the Wall Log House (FK0463), on the property; however, that structure is gone. There are seven other properties listed within 1.0 mile of the Site. Project History The Site is comprised of 3 adjacent parcels totaling 81.81 acres. The property contains large agricultural fields and two ponds. Remaining un-timbered forests are dominated by a hardwood canopy and interspersed with pine trees. There is an existing overhead transmission line immediately east of the Site. There are three streams, two ponds and five wetlands on the Site. Residential and agricultural properties exist around the Site. Avoidance and Minimization There are 3 streams, 2 ponds and 5 wetlands on the subject Site. The proposed roadway infrastructure results in 1 stream crossing in Phase 1 and potentially a second stream crossing in a future phase. Streams are not crossed multiple times by roads. All other jurisdictional features on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and wetlands. Stormwater outfalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used to define the construction corridor and Avery Woods Subdivision Page 1 of 2 prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. Project Impacts Impact 1 Culvert 1 is a proposed road crossing and will result in 112 linear feet of permanent stream impact (101 LF for the culvert and 11 LF for a countersunk, rip rap dissipator pad), 17 linear feet of temporary stream impact and 16,530 square feet of Neuse River Riparian Buffer impact - 7,360 sq. ft. Zone 1 & 3,650 sq. ft. Zone 2 permanent impact and 1,686 sq. ft. Zone 1 & 3,834 sq. ft. Zone 2 temporary impact. Mitigation Permanent stream impacts are below mitigation thresholds. Per 15A NCAC 02B .0714 (9)(10) & (11), the proposed Neuse River Riparian Buffer impacts are either "deemed allowable" or "allowable upon authorization." If you have any questions, please call me at (919) 559-1537. Respectfully submitted: �a4t can Clark Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NCSHPO Map NCNHP Database Report USFWS IPaC Report DWR Buffer Determination Letter (NBRRO #22-052) Post USACE Wetland Sketch Map SAW-2022-00310 PJD Concurrence email Notice of Intent to File Permit Application Impact Maps "Wcole J. Thomson PWS Sage Ecological Services, Inc. Avery Woods Subdivision Page 2 of 2 SAGE ECOLOGICAL SERVICES EST. 2015 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: Forsyth Investments Company, LLC Address: 414 Fcrsyth Street Raleigh, NC 27609 Phone: 919-345-6805 Email: gordon.poulsen@gmail.com Project Name/Description: Avery Woods Subdivision Sage Project# 2022.113 Date: July 1, 2022 The Department of the Army U.S. Army Corps of Engineers,Wilmington District P.O.Box 1890 Wilmington,NC 28402 Attn: April Norton Field Office: Ralei•h Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein,do authorize representatives of the U.S.Army Corps of Engineers(Corps)to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications,etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Plea contact Sage to arrange a meeting prior to visitingisr' the site. BY: Print Name of Landowner or Si a e of Landowner or Legal Representative L gal Representative wipnrt :-,AK Feature B -CA M f., Feature D Legend Project Study Area Map Location USGS Topographic Map Figure 1 Vance Warren Avery Woods Subdivision Halifax Sage Project #2022.113 Granville N I USGS Topo MapServer, 2021 Franklin Grissom & Franklinton, NC Quadrangles Prepared by: K. Hamlin Nash June 29, 2022 C11 Wake 1 inch = 1,000 feet Sage Ecological Services, Inc. Wilson 0 1,000 2,000 Office: 919-335-6757 i Feet Cell: 919-559-1537 t #dL 7 i }. ' ' P - Feature A Feature 1 3 y, Feature E- i �r wpm PIIC i Legend PAW Project Study Area "P ^i �1 Map Location NRCS Soil Survey Map Figure 2 Warren Avery Woods Subdivision Vance Halifax Sage Project #2022.113 Granville N Franklin County Soil Survey, 2004 SAGE Franklin Sheets #8 & 9 Prepared by: K. Hamlin Nash June 29, 2022 Wake 1 inch = 1,000 feet Sage Ecological Services, Inc. Wilson 0 1,000 2,000 Offiice:919-335-6757 Feet Cell: 919-559-1537 NCSHPO Data Download: 5-5-2022 hftp://www.ncdcr.gov e P c� Cq S p,`F o 4t. 9s yy�°a on 4 `e a'f on n� �Ya 7P �r Yall Svllle � t Y mans Dr f al O Stillw°°d Dr .L ay ck el _. EuIZ yw z o p°q Rq If. 4 I{d new Rd � s Su°set Dr gyp 5 W F Wall Log House - ecrr e°aek I n House (Gone) FK0819 - FK0463 1-1Pane- ` �Q W tl a o e,r f °e Ile Fulw °r rlr A v e - — 8rasnn �° rgrrner well,4ve v1 �y �irrantlHNis i7 • AY {p v s to sr P°1a4m H r �na,,,ae °� ;, f : sy - - °r Ra r•� - y` �weq _ Nal—Dr Legend Q w a William H. Wall Project Study Area Plantation - Outbuildings - WA1666 Q'a, 1-Mile Project Buffer NCSHPO Status a .a W Study List individual entry • Surveyed Only ' - • Surveyed, Gone ��°�a yjUtiptit [n — 1 pl 'f+ N7rr1 p� T Blockface ,�cuer � h P Study List Boundary Jm Rny my 5°�•er p°ntl Ra - [i .. Rv Pq a� M°��°nnar°gor o °ate Map Location NCSHPO Map Figure 4 Vance Warren Halifax Avery Woods Subdivision Granville Sage Project #2022.113 N SAGE Franklin Prepared by: K. Hamlin • Nash June 29, 2022 Wake 1 inch = 2,000 feet Sage Ecological Services, Inc. Wilson 0 2,000 4,000 Offiice:919-335-6757 Feet Cell: 919-559-1537 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 June 29. 2022 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Avery Woods Subdivision; 2022.113 Dear Kim Hamlin: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 } COCO ° \ (n 7a v \ \ / / \ \ e ? ® 9 2 \ > T J \ ± \ ± z \ CO % « m « CO (n m/ y2y2 \ s s \ 7 7 0 \ / 7z \% \ \/ :\ G} E E E E E § > 3/ u x x = _ _ _ _ cc_ / CO % 4 % 4 \ % % % % % \ / /\\\\ \\\\\CO 0) y § u e e 3 3 3 3 3 > s ? } CO CO CO 7 7/ ° / e 4 / / / / / 2 \ 9 c a a a a a s »± CO6mu \(® \ = o E \ m / 2 = ee 3/ �/ s s 2 � \ \.z CO \ \ / ƒ.0 _ = o 0 cc)_ ^ ©©2 \ 0 H CO %ee & 2\ \�\EZ \ \ \ 2 .%.% e L] < / 0 0 < s \ \>/ Z u g © © u CO w w w w/ / c e .\ % % % % s % \ 0 < \ \ _ \ \ CO 0 \ < ® c u > cO 2 \ \ \ \ \ § co / co / co co 0 \ / \/ \ E / y .k\\ \0z \\ u 5 ® 2 = _ _ _ \ \ \ cn \ o o o o u \ E e E 7 z % c e e e e Z \E Eo / Cl 0 E CO \\ O §e 2 e 2 a _ } » } 2 : a)} » O § \ \ E CO/ CO s \% H/ e CO LE CO/ ± e E / u COCO» \ \ / 7/ CO/ cn .k \ \ / CO/ CC3s 3 e e e t z e t z % 6 2 z \ > > CO CO / / z n } \ E co E > E\ e 4 4 s s/ _ \ \ _ / \ \ / \ ( 9 \ / / / / / c »\ CO \ / \ OL s 3 3 zzs O O/ \\ e g = w w w c \ \ \ \ / / E n / \ % % \ / \ / / \ / © CO > / / \ \ CO \ \ ) \ \ \ / \ / > > > > \ \ e e \ / % % e e > COCO \ = g \ e\ e = e e.k o o 4 o o\ °\ e = Cl » o $ o $ » ® CO / J = _ _ _ = m .� G } / / E / E z z CO / / / / \ \ / 20 / 0 / / / § \ c "P ll 'slo a s Ad " s sr i s y C s C'Oss Sr s Co11e9e SL s °J ul C"pl Youngsville "vd 5 / / O / / 1 / / Ptl IIew / / rdt, E' 1 _ o w NZf ra w 4 m F � mm d p C Q � 7 m �7 O m 61 rp D N m CI - El m C [ M O M N a INC: Explore Location resources IPaC https://ipac. eco sphere. fws.gov/location/UZLH47213 ZAL5 MY7ZULLC... U.S. Fish & Wildlife Service WaC 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. Location Franklin County, North Carolina Y ' Local office Raleigh Ecological Servicesr o (919) 856-4520- l( JEJ (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 1 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/UZLH472I3ZAL5W7ZULLC... 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 speci 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. 5. Click REQUEST SPECIES LIST. Listed species! and their critical habitats are managed by the Eco o ical Services Program of the U. 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. 14 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: Amphi NAME STATUS Neuse River erdog 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/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered 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/528 Clams NAME STATUS 2 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac.eco sphere.fws.gov/location/UZLH472I3ZAL5 W 7ZULLC... Atlantic Pigtoe Fusconaia masoni 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/5164 Dwarf Wedgemussel Alasmidonta heterodon Wherever found No critical habitat has been designated for this species. hops://ecos.fws.goy/e_CpLs-pe ci es/784 Insects NAME Monarch Butterfly Danaus piexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Threatened Endangered STATUS Candidate STATUS E ere 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 LOCATIOf 4 Migratory birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Actz. 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 1940. Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gcov/pLQgram/migr ry it / pecies • Measures for avoiding and minimizing impacts to birds https://www.fws. v/li r ry/collections/avoiding-and-minimizing- incidental-take-migrat2ry it • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard- conservation-measures.p Idf 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 3 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac. eco sphere. fws.gov/location/UZLH47213 ZAL5 MY7ZULLC... information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD 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.) ............................................................................ 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 susceptibilities in offshore areas from certain types of development or activities. fops://ecos.fws.g vo /ecp/species/1626 Black -billed Cuckoo Coccyzus erythropthalmus Bre a 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.f\Ns.gov/ecp/�Species/9399 Prairie Warbler Dendroica discolor C�3 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 (BC ghou r ge 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. { 4 Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 4 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac.eco sphere.fws.gov/location/UZLH472I3ZAL5 W 7ZULLC... 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle ++++ Non -BCC Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because ofthe Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.) Black -billed Cuckoo +++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the contin tal USA and Alaska.) Prairie Warbler ++++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary Warbler ++++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker ,+++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 1111 1111 +++1 ++—+ +++I T++ ++++ +il+ +III IIII IIII IIII IIII II++ ++—+ ++++ ++++ +++4 01++ IIII IIII +++� ���� ++++ ++_+ ++++ ++++ ++++ ++++ +++++�+ ++++ ++++ 1+++ ++++ ++—+ ++++ +1++ ++++ $ift +III ++++ ++++ 1+11 +111 ++1+ ++-+ +1++ 5 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac.ecosphere.fws.gov/location/UZLH472I3ZAL5W7ZULLC... Wood Thrush ++++ ++++ ++++ ++U 0+4 1111 V11 1+11 1+11 ++++ ++_+ ++++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 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 Art 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 o*data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, andCitizen science datase %E OF 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 ear -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 gam. 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•oject 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 nanotae studies or contact Caleb Spiegel or Pam Loring. 6 of 8 6/29/2022, 10:20 AM INC: Explore Location resources What if I have eagles on my list? https://ipac.eco sphere.fws.gov/location/UZLH472I3ZAL5 W 7ZULLC... 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. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) maybe subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office o.�Wisk the CBRA Consultations website. The CBRA website provides tools such as a flowchart to help determine whether consul tion is required and a template to facilitate the consultation process. THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATIOI Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system- rpmperty-documentation Data exclusions CBRS units extend seaward out t either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not rbe n in the CBRS Nat , therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) msubject to CBRA even if they do not intersect the CBRS data. For additional information, please contact LB.BA@±us.gQy. 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 ATTHIS LOCATION Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATIOI` 7 of 8 6/29/2022, 10:20 AM INC: Explore Location resources https://ipac. eco sphere. fws.gov/lOcation/UZLH47213 ZAL5 MY7ZULLC... Wetlands in the National Wetlands Inventoi Impacts to NWI wetlands and other aquatic habitats maybe 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. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER POND Palustrine RIVERINE Riverine A full description for each wetland code can be found at the National Wetlands Inventory website -.11. 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. Mor, 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 i 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 -6 NOR% Federal, state, and local regulato gencies 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 local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 8 of 8 6/29/2022, 10:20 AM DocuSign Envelope ID:46E4D5C8-72AF-445A-A021-482F876E5FA6 t„STATE aF ROY COOPER1,04Governor %u O 2 ELIZABETH S.BISER ',,,,L m r,' _: Secretary ",*�`QQAMsti p'±-: RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 8,2022 John Conyers FLM Engineering 8951 Harvest Oaks Dr. Suite 205 Raleigh,NC 27615 Subject: Buffer Determination Letter Avery Woods Franklin County NBRRO#22-052 Dear Mr. Conyers: On March 31,2022,Alys Hannum of the Raleigh Regional Office conducted an on-site review of the features located on the Avery Woods property at the request of Soil& Environmental Consultants,PA (S&EC)to determine the applicability of the Neuse River Basin Buffer Rule,Title 15A North Carolina Administrative Code 02B .0714. The table and maps below summarize the features evaluated for subjectivity to the Neuse River Riparian Buffer Rule.Features identified as"Subject"have been located on either the most recent published NRCS Soil Survey of Franklin County or the most recent copy of the USGS Topographic map. Subject features have both been located on the ground and possess characteristics that qualify them to be at least intermittent streams.Features identified as"Not Subject" are not located on either of the required maps, are not present on the property,or have been determined not to be at least intermittent. There may be other streams or features on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state.Any inquiries should be directed to the US Army Corp of Engineers(Raleigh Regulatory Field Office) at (919)-554-4884. ?). North Carolina epartment of Environmental Quality I Division of Water Resources Q NRaleigh Regional Department 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA Deparbnent of Environmental Vualit /�� 919.791.4200 DocuSign Envelope ID:46E4D5C8-72AF-445A-A021-482F876E5FA6 Avery Woods Franklin County April 8,2022 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ®Neuse (15A NCAC 2B .0714) 1-1 Tar-Pamlico (15A NCAC 2B .0734) 1-1 Intermittent/Perennial Determination(where local buffer ordinances apply) n Jordan(15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Avery Woods Address/Location: Holden Road,Youngsville,NC 27596 Stream(s): Richland Creek Determination Date: March 31,2022 Staff: Alys Hannum Feature E/I/P* Not Subject Start @ Stop @ Soil USGS Subject Survey Topo A I or P X Below Pond 1 Subject X X Throughout Flag S03//DWR B I or P X Flag(-36.022449, Confluence X -78.500928)** with D D P X Subject Throughout X X Richland Creek E E X Indeterminate Confluence X with A Pond 1 N/A X Feeds feature A X Pond 2 N/A X Pond. X X *E=Ephemeral,I=Intermittent,P=Perennial,NP=Not Present,N/A=Not Applicable,N/E=Not Evaluated **Note: S&EC originally hung a flag labeled "S03" at this GPS point,but their flag was removed and replaced with a flag labeled"S2-1 Origin"by an unknown third party.Because flag S03 could not be located,please ensure you use the yellow DWR flag as reference in the field. D_ Q N512orthNo CarorthSalilinasb DepartmenturyStreet1 of Env1611ironmentaMailService l QualityCenter I Ra I Divisleionigh,of N WaterorthCaro Resourclina 27es 699-1611 NORTH CAROLINA 919.707.9000 Department of Environmental Duality DocuSign Envelope ID:46E4D5C8-72AF-445A-A021-482F876E5FA6 Avery Woods Franklin County April 8,2022 Page 3 of 3 This on-site determination shall expire five (5)years from the date of this letter.Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director.An appeal request must be made within sixty(60) days of date of this letter.A request for a determination by the Director shall be referred to the Director in writing.Ifsending via US Postal Service: do Paul Wojoski;DWR 401 & Buffer Permitting Unit; 1617 Mail Service Center;Raleigh, NC 2 7699-1 61 7.Ifsending via delivery service (UPS, FedEx, etc.):Paul Wojoski;DWR 401 & Buffer Permitting Unit; 512 N. Salisbury Street;Raleigh,NC 27604. This determination is final and binding unless,as detailed above, an appeal is requested within sixty(60) days of the date of this letter. If you have questions regarding this determination,please contact Alys Hannum,of my staff, at alys.hannum@ncdenr.gov,or by telephone at(919) 791-4255. Sincerely, LDocuSigned by: BCDA9D825D4A46D... Scott Vinson,Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO DWR File Copy/Laserfiche Steven Ball, S&EC(shall@sandec.com) D_E Q i N51orth2N CaroorthSalina bDepartmenturyStreet1 of Env1611ironmentaMailService l QualityCenter I Ra I Divisleionigh,of N WaterorthCaro Resources lislina 27699-1611 NORTH CAROLINA 919.707.9000 Department of Environmental Duality DocuSign Envelope ID: 46E4D5C8-72AF-445A-A021-482F876E5FA6 Avery Woods Franklin County, NC-DWR Project #22-052 "r Pond 2: Not `�.. r Subject -- �k 1 �. a D: Subject Pond 1: Not 'Cal) Shown ti B: Not Shown - � iNamt - } CaB " A: Subject x Cal -...4 .�� ate B LAW, r i E: Not Subject ML � F _ 4 �A NRCS Soil Survey Sheets 8 & 9 Franklin Co., NC 2004 Legend: -project boundary T,ESTA7£� Base map provided by M Y o s S&EC Locations are approximate and are provided for reference onlyqu- 4 DocuSign Envelope ID: 46E4D5C8-72AF-445A-A021-482F876E5FA6 Avery Woods Franklin County, NC-DWR Project #22-052 Vouljags V, 11� Pond 2: Not Subject Pond 1: Subject J r n A: Subject 70 E: Not Shown `I ilG,l\%,/ USGS Topographical Map Grissom & Franklin Quadrangles 2019 Legend: -Project boundary a 41. B: Subject a D: Subject j Base map provided by S&EC Locations are approximate and are provided for �n reference only :: �uAVv� � �, - it c' �v .. 1-- , . , . „. st�� , !� zt- � v f k 4- C Jf i Stream start(off property) r i / h,. TT }� q -S03 St rt _ ' ,.. ', .. , ,,,,,,,,104,,...,,..sol---1 i'iiti..' ./', _:- . -_ - --'' ' ' ' ..!'.':;;;.'..,f,, ,::,. '�, 08 TIPond ry tl t''1')/' ' • ,,. ,.._ " .,, ...„,,...„,„.„.. i , , . , _ . AsT.,::44",..v,,,,,,,:,...,. . . _ _ „____„:„,_____ __ 4,. ,,,,,,. ---___ �, sotst rt ¢ ,. ,; V 'if .�"4 ' I ' - ' D(Richland Creek) l' q d'a -" .t p* 4 i f 1,,, I i-g; i q Ri hl dC ekb dt be>50 ffp operty \ y PA I J }�I. _ _ III a I• ... r 3x Y+' 3 r I day '� �" t Y - ,i' 0 - 01 TT CH 3y c A „+ Iry k r a' ��_ # oa TT cH �Ad✓ dam,, `. 5` 1 'b os TT CH o,2J 'I e' Only Neuse River buffers are..shownon this c his map.Perennial streams may be subject to an additional 100'Richland Creek buffer mandated 1 .I , y, .- by the Town of Wake Forest.This should be '`,' 1 # 1 ,'. _ confirmed by the town prior to planning. �);�, - 20 TT CH '. - 1 .f.. m Ya r,s ,<. T'--, 1 r, Legend . nEvaluation Area .h...Potentially Jurisdictional Perennial Stream '- .'° .".-.--Potentially Jurisdictional Intermittent Stream _ „It j)ffjoH;01,1,,, ,;.;,.,+ , y - - �- - .__ I -� _ - Potentially Jurisdictional Pond 1 A { i,` t I . �� Potentially Jurisdictional Wetland _ F � ��' +, Potential 50'Neuse River Riparian Buffer --- - - Ls,Contours �- - 5, Aas = y , ;IV*'j a ...... , ,,_ .. ______ ,,,,„,.. . . ::__:___ i —, w -- '"„•.•'- ' ''f I u: ,�s__sn Avery Woods County, S& 0 150 300 600 Wetland Sketch Map ,,,,,r"^' s-e, FraCounty,Nc Soil&Environmental Consultants,PA Pra'x[M Pre etlb l:l� ^• •,••,"."`• �.d�cx'rc��.,,•„.V��h xu.,vno.�,,.[+i�i u+•,vu,� 561 gr.: 111101ROR0 KM Y: .�ue..m, Feet From: Norton, April R CIV USARMY CESAW (USA) To: Josh Harvey Cc: Steven Ball Subject: SAW-2022-00310 (Conyers Avery Woods) PJD Concurrence Date: Friday, March 11, 2022 9:23:21 AM Attachments: Conyers Avery Woods Wetland Map 2022 (POST USACE).pdf Dear Joshua Harvey, Reference is made to Corps Action ID: SAW-2022-00310. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated 11/10/2020. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April.R.NortonC@usace.army.mil From: Nikki Thomson To: 401PreFile Cc: Sean Clark Subject: Notice of Intent to File a Permit Application for Avery Woods Subdivision, Frankl County Date: Tuesday, May 31, 2022 2:19:00 PM This email serves to notify you of our intent to submit a permit application for the development of the above project location. Thank you. Nikki Nicole Thomson, PWS Sage Ecological Services, Inc. nthomson@sageecological.com (919) 754-7806 Z 3 C7 -- ] `- N o N a w _ �o _ x o. Y YLu o Z _ - _ a Lu27 o o> a W p _ao m; o _s W a o.a �. o a zw m� �wm � 00 N 7 U 2 2 U o / O Z m Z O LL3mz\ \ w w j\\o - "W�\�,\ W /MNpI QNw_m� o Tom'— \ C � uNW � � o' � �- �? 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