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HomeMy WebLinkAbout20221164 Ver 1_ePCN Application_20220826DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/20/2022 BIMS # Assigned* Version#* 20221164 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington Information for Initial Review la. Name of project: Brick Mill Estates la. Who is the Primary Contact?* Deborah Shirley 1 b. Primary Contact Email:* lc. Primary Contact Phone:* dshirley@sandec.com (919)846-5900 Date Submitted 8/26/2022 Nearest Body of Water Thorntons Creek Basin Cape Fear Water Classification W S-I V Site Coordinates Latitude: 35.399287 A. Processing Information County (or Counties) where the project is located: Harnett Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -78.682912 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 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: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lh. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Aaron Mclean 2b. Deed book and page no.: DB: 3472 DP: 0410 2c. Contact Person: 2d. Address Street Address 1604 York Ave Address Line 2 City High Point Postal /Zip Code 27265 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (717)215-1690 2g. Email Address:* Mike@Humabuilt.com 3. Applicant Information (if different from owner) 3a. Name: Mike Foley 3b. Business Name: Carolina Strategic Land Fund, LLC 3c. Address Street Address 5448 Apex Peakway, Suite 196 Address Line 2 City Apex Postal / Zip Code 27502 3d. Telephone Number: (562)708-4172 3f. Email Address: * Mike@Humabuilt.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * dshirley@sandec.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: (919)846-9467 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Coats 2. Project Identification 2a. Property Identification Number: 0690-41-5135 2b. Property size: +/- 78.21 2c. Project Address Street Address 765 Brick Mill Road Address Line 2 City Coats Postal / Zip Code 27521 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Thorntons Creek 3b. Water Resources Classification of nearest receiving water: * W S-I V 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. 030300040504 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:* Existing conditions onsite consists primarily of forested land and field areas. There is also a rural residential structure as well as some outbuildings adjacent to Brick Mill Road. Specifically, there are ten (10) wetland features (W1-W10), two (2) pond features (Pond 1 & 2), and one (1) intermittent stream feature (SA) located on the property. General land use in the vicinity of the project consists of single-family rural housing as well as forested land and field areas. Coats Elementary School is located east of the project. Brick Mill Road bisects the property from east to west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 3.22 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 405 LF 4h. Explain the purpose of the proposed project: * The purpose of this project is to construct a single-family residential development and its necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of the construction of a single-family residential development including but not limited to; roadway infrastructure, residential lots, utilities, and amenities. Specifically, there are four (4) road crossing/lot fill areas that impact wetlands and one (1) utility/greenway crossing that impacts wetlands. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-00805 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Please note that PJD has not been issued to date, "Preliminary" was checked at 5b to provide response in this box. 6. Future Project Plans 6a. Is this a phased project?* Yes • 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* Impact 1A Road Crossing P Headwater Forest Wetland 5 Yes Both 0.048 (acres) Impact 1A Road Crossing - Temporary Construction Access T Headwater Forest Wetland 5 Yes Both 0.001 (acres) Impact 1B Lot Fill P Headwater Forest Wetland 5 Yes Both 0.132 (acres) Impact 2 Road Crossing P Headwater Forest Wetland 6 Yes Both 0.045 (acres) Impact 3 Utility/Greenway Crossing (Permanent- No Permanent Loss) P Headwater Forest Wetland 8 Yes Both 0.026 (acres) Impact 4 Road Crossing P Headwater Forest Wetland 9 Yes Both 0.024 (acres) Impact 4 Road Crossing - Temporary Construction Access T Headwater Forest Wetland 9 Yes Both 0.003 (acres) 2g. Total Temporary Wetland Impact 0.004 2g. Total Wetland Impact 0.279 2i. Comments: 4. Open Water Impacts 2g. Total Permanent Wetland Impact 0.275 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Impact 1A Road Crossing P Pond 2 Fill Pond 0.07 Impact 1A Road Crossing T Pond 2 Other Pond 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.08 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.07 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland and stream delineation for the entire property so that natural resources can be identified and impacts minimized to the maximum extent practicable. Impact 1A is proposed permanent and temporary wetland impacts as well as permanent and temporary open water impacts for a road crossing. This road crossing will occur perpendicular to the wetland/pond and is necessary to access a northwestern portion of the development. A retaining wall will be utilized to minimize open water and wetland impacts to the maximum extent practicable. Compensatory mitigation at a 2:1 ratio has been proposed to offset permanent wetland impacts. Impact 1 B is proposed permanent wetland impacts for lot fill. The impact is occurring at the top of the wetland drainage and southeast of the proposed road crossing. Compensatory mitigation at a 2:1 ratio has been proposed to offset permanent wetland impacts. Impact 2 is proposed permanent wetland impacts for a road crossing. This road crossing is necessary to access the entire east side of the proposed development. It should be noted that this crossing is occurring at the top of the wetland drainage to minimize wetland impacts to the maximum extent practicable. Compensatory mitigation at a 2:1 ratio has been proposed to offset permanent wetland impacts. Impact 3 is proposed permanent -no permanent loss wetland impacts for a utility/greenway crossing. This crossing is occurring perpendicular to the wetland. It should also be noted that the greenway will be constructed via boardwalk and will be placed within the utility easement to minimize wetland impacts to the maximum extent practicable. Compensatory mitigation at a 1:1 ratio has been proposed to offset permanent -no permanent loss wetland impacts. Impact 4 is proposed permanent and temporary wetland impacts for a road crossing. The road crossing is necessary to connect the far eastern portion of the development with the western portion. This road crossing will occur perpendicular to the top of the wetland drainage and will utilize a retaining wall to minimize impacts to the maximum extent practicable. Compensatory mitigation at a 2:1 ratio has been proposed to offset permanent wetland impacts. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Avoidance to South, dedication open space with NO stream crossing. Add retaining walls for NO wetland impacts. Minimization to North, add retaining walls to minimize wetland impacts associated with roadway construction. Avoidance to North, preserve existing pond to the maximum extent practicable. Limited impacts associated with roadway construction. Dam embankment repairs will NOT result in open water impacts. 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 No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.53 acres 4g. Coastal (tidal) wetland mitigation requested: (acres) 0 0 4h. Comments The two (2) private mitigation banks that were located within our HUC were contacted. However, neither of them had the credits available. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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 No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 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? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Bruce Johnson project is a residential development. Additionally, the project is located within the town of Lillington ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post - construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/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. Non -discharge wastewater will be generated. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes 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)?* Yes 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on June 2, 2022. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days meaning that they concurred with the determinations made by S&EC that the proposed actions is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. 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? * The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on May 11, 2022, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. S&EC completed a environmental review request for the property and submitted it to SHPO for concurrence. S&EC received response from SHPO that the proposed project would have no architectural or archeological issues. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No Sc. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. 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 PCN Attachments - Brick Mill.pdf 16.56MB 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: Deborah Shirley Signature Ses`5C•'. Date 8/26/2022 Soil & Environmental Consultants, PA 8412 Falls of l\ euse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com AGENT AUTHORIZATION Project Name/Description: Brick Mill Estates S&EC Project # 15136 Date: May 20, 2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Liz Hair Field Office: Wilmington Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 0690-41-5135 Site Address: 765 Brick Mill Road City, County, State: Coats, Harnett County, NC APPLICANT INFORMATION: Name: Carolina Strategic Land Fund, LLC Mailing Address: 5448 Apex Peakway #196, Apex, NC 27502 Telephone Number: (562) 708-4172 Email: Mike@Humabuilt.com Mike Foley May 20, 2022 Applicant ( lease G��i'� ". print) scan Signature Appl Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Josh Harvey From: Camden Brunick Sent: Friday, May 20, 2022 1:31 PM To: 401 PreFile@ncdenr.gov Subject: Pre -filing request - Brick Mill, Harnett County, NC Attachments: Overall - Pre-filing.pdf Good afternoon Chad, This pre -filing meeting request is for the Brick Mill project located at 765 Brick Mill Road in Coats, Harnett County, NC. The project is approximately 74 acres. The project purpose is to construct a single-family residential development and its necessary infrastructure including but not limited to; residential lots, roadway infrastructure, SCM's, and utilities. Specifically, there are two proposed road crossing that impacts wetlands, one proposed utility crossing that impacts wetlands, and three impacts associated with wetland fill. Existing conditions onsite consists primarily of underdeveloped forested land and some field areas with a few rural structures. General land use in the vicinity of the project consists of farmland, forested land and residential areas. Brick Mill Road bisects the property east to west. Please see the attached site plan above. Please note this may change as we work with the engineers on minimizing impacts. Project Name: Brick Mill Estates County: Harnett Applicant Name: Attn: Carolina Strategic Land Fund (Attn: Mike Foley) Applicant Email: Mike@Humabuilt.com Thank you, CAMDEN BRUNICK Environmental Consultant Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919)219-6162(cell) 1 FLEMING RD vs Lake Project Number: 15136.W1 Project Manager: SB Scale: 1" 1000' Date: 02/03/2022 Map Title: Figure 1 - USGS Map Brick Mill - McLean Property Harnett County, NC Source:2019 USGS Coats Quad Lisa sr , z imar Ab .a.AFTAT NC Center forGeographic Information &A`ly 0 1,000 2,000 1 1 1 1 1 1 1 1 1 Feet S& EC E. Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandeo.com Project Number: 15136.W1 Project Manager: SB Scale: Date: 1" = 1000' 02/03/2022 Center for Geographic Information &Analysis Map Title: Figure 2 - Soil Survey Brick Mill - McLean Property Harnett County, NC SourceHarnett County Soil Survey Sheet 6 0 1,000 2,000 I I I I 1 I I I 1 Feet Soil & Environmental Consultants, PA 8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sand.: corn Josh Harvey From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Good afternoon, WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Monday, April 4, 2022 2:33 PM Josh Harvey; Hair, Sarah E CIV USARMY CESAW (USA) Steven Ball RE: Brick Mill McLean Property - PJD Request Packet I S&EC 15136 Follow up Flagged Your request has been received and assigned Action ID SAW-2022-00805. It has been forwarded to Ms. Liz Hair for further processing. Kasey From: Josh Harvey <jharvey@sandec.com> Sent: Thursday, March 24, 2022 3:47 PM To: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Cc: Steven Ball <sball@sandec.com> Subject: [URL Verdict: Unknown][Non-DoD Source] Brick Mill McLean Property - PJD Request Packet I S&EC 15136 Attached is the PJD Request information for a site off Brick Mill Road in Coats, NC (Harnett County). Thanks, Joshua Harvey Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Mobile (919) 760-9622 iharvev@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. 1 BRICK MILL ESTATES DEVELOPER CAROLINA LAND FUND MANAGEMENT, LLC CRAIG DUERR 5448 APEX PEAKWAY #196 APEX, NC 27502 P: (919) 919-601-6962 OWNER AARON C. MCLEAN 1604 YORK AVE HIGH POINT, NC 27265 ENGINEER/LAND PLANNER HORVATH ASSOCIATES, PA RICK VENO 16 CONSULTANT PLACE, SUITE 201 DURHAM, N.C. 27707 P: (919) 490-4990 F: (919) 490-8953 rick.veno@horvathassociates.com ENVIRONMENTAL CONSULTANT SOIL & ENVIRONMENTAL CONSULTANTS, PA STEVEN BALL 8412 FALLS OF NEUSE ROAD, SUITE 104 RALEIGH, NC 27615 (919) 846-5900 765 BRICK MILL ROAD HARNETT COUNTY COATS, NORTH CAROLINA - SITE SITE o ` VII NO SCALE VICINITY MAP INDEX OF DRAWINGS: IM-00 COVER SHEET IM-0l SUMMARY OF IMPACTS IM-02 OVERALL EXISTING CONDITIONS IM-02A ENLARGED EXISTING CONDITIONS IM-02B ENLARGED EXISTING CONDITIONS IM-03 OVERALL PROPOSED CONDITIONS IM-03A ENLARGED PROPOSED CONDITIONS IM-03B ENLARGED PROPOSED CONDITIONS IM-1 IMPACT l A & 1 B IM-2 IMPACT 2 IM-3 IMPACT 3 IM-4 IMPACT 4 HORVATH ASSOCIATES CIVIL ENGINEERING LANDSCAPE ARCHRECTIRE LAND PLANNING STORM WATER MANAGEMENT 16 CONSULTANT PLACE, SUITE 201 DURHAM, NORTH CAROLINA 27707 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C0676 www.horvothosswciotes.com BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA COVER DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/10/2022 I M-00 NO SCALE © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED HORVATH ASSOCIATES 16 CONSULTANT PLACE, SUITE 201 DURHAM, NORTH CAROLINA 27737 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.horvothosswciotes.com SUMMARY OF IMPACTS IMPACT NUMBER TYPE OPEN WATER WETLAND PERMANENT TEMPORARY PERMANENT TEMPORARY F'tKMHNtN I -NU- PERMANENT I rucc 1A ROAD CROSSING 3091 SF 0.0710 AC 524 SF 0.0120 AC 2116 SF 0.0486 AC 15 SF 0.0003 AC N/A 1B LOT FILL N/A 5770 SF 0.1325 AC N/A 2 ROAD CROSSING 1963 SF 0.0451 AC 3 SANITARY SEWER PIPE AND GREENWAYTRAIL BOARDWALK N/A 1150 SF 0.0264 AC 4 ROAD CROSSING 1086 SF 0.0249 AC 162 SF 0.0037 AC N/A BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA SUMMARY OF IMPACTS DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/10/2022 I M-O 1 NO SCALE © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. 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ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED FEATURE W5 - '(255) FEATURE POND 2 IMPACT 1A NN IMPACT 1 A&1 B PLAN SCALE: 1 "=40' / i J //ji /,, /_//J SEE IMPACT 2 RETAINING WALL TREE PROTECTION FENCING/LIMITS OF DISTURBANCE STORM SEWER WATERLINE RIGHT-OF-WAY LINE SANITARY SEWER LEGEND: WETLAND IMPACT - PERMANENT WETLAND IMPACT - TEMPORARY OPEN WATER IMPACT - PERMANENT OPEN WATER IMPACT - TEMPORARY 1LM is' '' I, EXISTING WETLANDS TPF TREE PROTECTION FENCE/ LIMITS OF DISTURBANCE EXISTING POND NOTE: THE PERMITTEE SHALL RESTORE WETLAND CONTOURS TO PRE -CONSTRUCTION CONDITIONS. ANY EXCESS MATERIAL WILL BE REMOVED TO A HIGH GROUND DISPOSAL AREA SUMMARY OF IMPACTS IMPACT NUMBER TYPE OPEN WATER WETLAND PERMANENT TEMPORARY PERMANENT TEMPORARY 1A ROAD CROSSING 3091 SF 0.0710 AC 524 SF 0.0120 AC 2116 SF 0.0486 AC 15 SF 0.0003 AC 1B LOT FILL N/A 5770 SF 0.1325 AC N/A N 63 2-45 STA 14+73.91 RIM=263.36 INV IN=259.45 INV OUT=258.8 5' DIA. MH27 STA 15+48.35 RIM=264.21 INV IN=252.03 (1 INV OUT=251.93 PRGPG Pl% PpE p-°\.\ N• 3 Zgolo PJG N HORVATH ASS OCIATES N INGO C IW°AMA AGE ES P.I D1RHAMCONSNORTH PLACE, SUITE27201 07 DURH 490.49 0F CAROLINA 28953 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.horvoth�ociotes.coI VI ___L 343 LF 24" RCP III @ 0.51% I _ 276 LF 8" C900 S/S i a 0.40% _ EXISTING GRADE -oA 0 z Q CCNTCRLIN 0 z Q 2 PACT 1 A&1 ': PROFILE IM-1 SCALE 1"=40'H SI ALE: 1"=40' / 1"=4'V CO N ,o 4— N N r— N N N N LO N N N 15+00 15+50 16+00 16+50 17+00 BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA IMPACT 1 A & 1B 0 20 40 80 SCALE: 1" = 40' DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/10/2022 I M-1 1 "=40' © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED >_60 TREE PROTECTION FENCING/LIMITS OF DISTURBANCE POND 2 :255) 1 -D IMPACT 2 PLAN SCALE: 1 "=40' SEE IMPACT 1A FEATURE W6 SUMMARY OF IMPACTS IMPACT NUMBER TYPE WETLAND PERMANENT TEMPORARY 2 ROAD CROSSING 1963 SF 0.0451 AC N/A PERMANENT IMPACT WATERLINE SANITARY SEWER STORM SEWER LEGEND: WETLAND IMPACT - PERMANENT 5 11M Is' s' EXISTING WETLANDS TPF TREE PROTECTION FENCE/ LIMITS OF DISTURBANCE EXISTING POND i�0, �o INV OUT=253.05 I N STA 17+78.34 RIM=264.41 INV IN=259.1 E INV OUT=259. 2-14 STA 17+78.35 RIM=264.41 INV IN=254.2C INV IN=258.91 INV OUT=253. G� S-� F.��`R P I Po, \\\J- 4 LF @ 0.69'0 - EXISTING GRADE AT ROAD CENTERLINE 4' ` IN 86 LF 30" RCP -III 4 0.52% LF 24" RCP -III ® 0.55% 17, 315 Lf 8" C900 S/S @ 0.50% 0 z Q 2 IMPACT 2 PROFILE 0 z Q IM-2 S:ALE:1"=40' N N N( N Lo N tO N 17+50 18+00 SCALE 1"=40'H / 1"=4'V 18+50 191 HORVATH ASSOCIATES 16 CONSULTANT PLACE, SUITE 201 DURHAM, NORTH CAROLINA 27707 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.hoNarhossoclares.com BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA IMPACT 2 0 20 40 80 SCALE: 1" = 40' DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/0 /2022 I M-2 1 "=40' © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED TREE PROTECTION FENCING/LIMITS OF DISTURBANCE — -- SOF — Coo 1 STORM SEWER T SANITARY SEWER 1 EASEMENT o PROPERTY BOUNDARY ,V r- ts, V, V, 1• V' IMPACT 3 PLAN IM-3 SCALE:1"=40' ��.NV W V, N .— N(206)- TRAIL BOARDWALK PERMANENT -NO PERMANENT LOSS IMPACT. TRAIL ABOVE GRADE SANITARY SEWER EASEMENT PERMANENT -NO PERMANENT LOSS IMPACT LEGEND: .7}0; )S•i; WETLAND IMPACT - PERMANENT -NO PERMANENT LOSS - 11M Iw EXISTING WETLANDS TPF TREE PROTECTION FENCE/ LIMITS OF DISTURBANCE SANITARY SEWER FORCE MAIN Y1 \ 1 W 1 '4'\ FEATURE W8 NOTE: THE PERMITTEE SHALL RESTORE WETLAND CONTOURS TO PRE -CONSTRUCTION CONDITIONS. ANY EXCESS MATERIAL WILL BE REMOVED TO A HIGH GROUND DISPOSAL AREA SUMMARY OF IMPACTS IMPACT NUMBER TYPE WETLAND PERMANENT TEM PORARY PERMANENT -NO - PERMANENT LOSS 3 SANITARY SEWER PIPE AND GREENWAY TRAIL BOARDWALK N/A N/A 1150 SF 0.0264 AC 8U X 6 BOARDWALK (CONTRACTOR CLEARANCE I5. 10 BE DESIGNED BY TO VERIFY AND ENSURE SU PROVIDED AND MAINTAIN BOTTOM OF THE BOARDWALK) o O o os d V I I 2co 0IHERS - =FICIENT BELOW o Z w ROP WETLAND VIH3) VIH48) ' IN= 197.32 MH48 STA 17+33.32 RIM=210.23 INV IN=203.5 INV OUT=203 J UTA. INJIUt MH3 STA 15+63.39 RIM=209.00 INV IN=202.7 INV OUT=197 INSIDE DROP I 5' DIA. INSIDE D MH2 / STA 17+15.88 I\IIVI-LVV.VJ INV IN=197.12 fNV IN=202.50 INV OUT=196.9: INSIDE DROP IN\ Q� S�� ���r� / 24"MIN <GP 4<(' G� o4"MIN ` /` 24" MIN ""AM 19 9- a •-�a— ,24 OldFaiP •�� 'IR iIR :I v �� 85LFOF16" ENCASEMENT / — 8" ©5.00% LF I, SDR:5 �O�G JG GQ Oq0 — S/S — EXISTING GRADE AT SEWER EASEMENT CENTERLINE PIPE 3' MIN RIPRAP CLASS AND DEPTH SPECIFIED ON PLAN AS (-D IMPACT 85LF ENCASEMEN- INSTALL BY OPEN 3 PROFILE F16"J PIPE CUT 45 LF 8" PVC S,'S @2.06% SCALE: 1 "=40' I� N 1. cD CV N ,o 4 c. N ri to CV N of c. N 209.45 15+50 16+00 16+50 SCALE 1"=40'H / 1"=4'V 17+00 17+50 HORVATH ASSOCIATES ES o 16 CONSULTANT PLACE, SUITE 201 DURHAM, NORTH CAROLINA 27707 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.homothssociores.00m BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA IMPACT 3 0 20 40 80 SCALE: 1" = 40' DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/10/2022 IM_3 1"=40' © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED TREE PROTECTION FENCING/LIMITS OF DISTURBANCE 41, `� W +Yd ti�\�� 1� I f Wr RETAINING WALL FEATURE W9 N N \ \T. TEMPORARY IMPACT 1 IMPACT 4 PLAN IM-4 SCALE: 1 "=40' PERMANENT IMPACT SUMMARY OF IMPACTS 7 LEGEND: I 11 TPF WETLAND IMPACT - PERMANENT WETLAND IMPACT -TEMPORARY EXISTING WETLANDS TREE PROTECTION FENCE/ LIMITS OF DISTURBANCE STORM SEWER FORCE MAIN WATERLINE SANITARY SEWER NOTE: THE PERMITTEE SHALL RESTORE WETLAND CONTOURS TO PRE -CONSTRUCTION CONDITIONS. ANY EXCESS MATERIAL WILL BE REMOVED TO A HIGH GROUND DISPOSAL AREA IMPACT NUMBER TYPE WETLAND PERMANENT TEMPORARY PERMANENT -NO - PERMANENT LOSS 4 ROAD CROSSING 1086 SF 0.0249 AC 162 SF 0.0037 AC N/A 0 z Q z Q 'CS: 24+44.94 BVCE: 272.91 1 w 148.00' VC i 'CS: 25+92.94 EVCE: 272.17 DS=25 L PT L PT DVI MPH ELEV=271.75 STA=25+37.44 STA=25+18.94 WATERLINE AND iC FORCE MAIN. MAIN FOLLOWS TOP OF PIPE ,S 8" WATERLINE T SA P ME PVI A. ELEV=271.06 D.=4.00% K=37.00 Lo L N - 2-30 STA 25+41.97 RIM=271 .47 INV IN=262.65 (2-31) INV OUT=262.15 STA 24+28.04 RIM=273.04 INV IN=264.70 (2-34) INV IN=261 .60 (2-30) INV OUT=261 .50 9.77 99 :264.90 H13 A 24+22.68 V1=273.34 V IN=267.18 (MH14) V OUT=266.98 MH14 STA 24+9 +15.59 RIM=271.E 71.53 INV OUT=: =265.50 (2-33) JT=264.90 2-31 STA 25+39.54 RIM=271 .46 INV IN=264.26 INV OUT=262.81 0 25+81 .79 271.89 OUT=267.70 co N STA 24+2 RIM=272 I V OUT= M N NVNz O Q > > z z I ,ppSED18GENTERLINEAT =Q�> ± / ROApI8"PVCWL i 2 z RADE_ _ _Iv270LFPVCS/S74 SDR35 S/S @ 0.50% LF RC.R-411RP� — z4 r i25 LF 8 z r4 i/R�\��15" ilI ‘@ 0.81% 25 0.50%\ — � i 5 LF 718" RCP -III @ 0.65% <CIYS�QOO a0 111 LF 24" RCP III C IMPACT 4 PROFILE SCALE: 1 "=40' SCALE 1"=40'H / 1"=4'V HORVATH ASSOCIATES 16 CONSULTANT PLACE, SUITE 201 DURHAM, NORTH CAROLINA 27707 P 919.490.4990 F 919.490.8953 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.homomossodotes.00m BRICK MILL ESTATES 765 BRICK MILL ROAD COATS, NORTH CAROLINA IMPACT 4 0 20 40 80 SCALE: 1" = 40' DRAWN BY: EA CHECKED BY: RV PROJECT # 2204 08/10/2022 I M-4 1 "=40' © COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED ROY COOPER. Governor ELIZABETH S. BISER Secretory MARC RECKTENWALD Director Mike Foley Carolina Strategic Land Fund, LLC 5448 Apex Peakway, Suite 196 Apex, NC 27502 NORTH CAROLINA Environmental Quality August 25, 2022 Expiration of Acceptance: 2/25/2023 Project: Brick Mill County: Harnett The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030004 Riparian Wetland 0.53 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Debbie E. Shirley, agent 41:0,E0-5A Sincerely, FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.70711976 Josh Harvey From: Mason Montgomery Sent: Thursday, June 2, 2022 1:50 PM To: Raleigh, FW4 Subject: Brick Mill T&E Submittal Attachments: S&EC Brick Mill T&E Report Signed.pdf Hello, Attached is the threatened and endangered species report for the Brick Mill project located in Harnett County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is needed when making the determinations. Thank you, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomery@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. 1 S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 May 24, 2022 S&EC Project No: 15136.W5 Re: Online Project Review Request, Brick Mill Estates, Coats — Harnett County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review May 24, 2022 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of: A planned residential development that is proposing impacts to wetlands. The location of the project and the action area are identified on the enclosed maps. Brick Mill Estates (35.400526, -78.683256). The site is located at 765 Brick Mill Road, Coats — Harnett County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 2. S&EC T&E Species Report 3. Vicinity Maps 4. S&EC Photo Report 5. Overall Site Plan 6. FWS Official Species List 7. NIIP Report 8. FWS Species Conclusion Table 9. FWS Self -Certification Letter S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandcc.com May 24, 2022 S&EC Project No.: 15136.W5 To: Carolina Strategic Land Fund, LLC Attn: Craig Duerr 5488 Apex Peakway, #196, Apex, NC 27502 Re: THREATENED & ENDANGERED SPECIES REPORT Brick Mill Road Estates (+/- 74 acres) 765 Brick Mill Road, Coats, Harnett County, NC Dear Mr. Duerr: On May 3, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Brick Mill Road Estates shown on the attached maps for potential endangered species. The property is located at Brick Mill Road in Harnett County, NC. Surface waters on -site flow into Stewart Creek in the Cape Fear River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Brick Mill Road Estates - S&EC Threatened & Endangered Species Report Page 1 of 5 May 24, 2022 S&EC Project #15136.W5 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis) , Endangered • American Alligator (Alligator mississippiensis), Threatened • Cape Fear Shiner (Notropis mekistocholas) , Endangered • Atlantic Pigtoe (Fusconaia masom) , Threatened • Monarch Butterfly (Danaus plexippus) , Candidate • Rough -leaved Loosestrife (Lysimachia asperulaefolia), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified one managed area within one mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. There were Loblolly and Longleaf pines mixed with hardwoods throughout the site, but no cavities or Red -cockaded woodpeckers were observed. Majority of the understory was dense shrubs. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. AMERICAN ALLIGATOR (Alligator mississippiensis) : S&EC personnel conducted preliminary surveys of suitable habitat for the American Alligator. The NHP report did not list any known elemental occurrences within the project area or within one mile of the project area. Suitable habitat for the American Alligator consists of lakes, rivers, creeks, marshes, swamps, and ponds. American Alligators have also been spotted in ponds. No evidence of alligators Brick Mill Road Estates - S&EC Threatened & Endangered Species Report Page 2 of 5 May 24, 2022 S&EC Project #15136.W5 around the ponds, wetlands or streams were observed during the evaluation. Due to these observations, S&EC believes that the project would have "No effect" on the American Alligator. CAPE FEAR SHINER (Notropis mekistocholas) During the preliminary survey for the Cape Fear Shiner we looked for any suitable habitat and evidence of the species being present. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. These species are found in the Upper Cape Fear River Basin. The suitable habitat these species are found in are streams with rocky substrate with slow flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. Due to the lack of perennial streams on -site, we have concluded that the project would have "No effect" on the Cape Fear Shiner. ATLANTIC PIGTOE (Fusconaia masons): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. Due to the lack of perennial streams on -site, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. ROUGH -LEAVED LOOSESTRIFE (Lysimachia asperulaefolia): S&EC personnel conducted a preliminary survey of the site for potential suitable habitat for the Brick Mill Road Estates - S&EC Threatened & Endangered Species Report Page 3 of 5 May 24, 2022 S&EC Project #15136.W5 Rough -Leaved Loosestrife. The NHP report did not list any known elemental occurrence within the Project area or within one mile of the site. The suitable habitat for this species is edges between longleaf pine stands, and pond pocosins. This species can also be found alongside roads and maintained easements. During our assessment we found no species of Rough -Leaved Loosestrife. Our preliminary survey concluded that potential suitable habitat exists on -site. The wetland edges and pond edges were observed in detail as well as the field edges, and road ROW. Since no species were observed within the areas believed to be suitable habitat, we have concluded that the project would have "No effect" on the Rough -Leaved Loosestrife. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to disturb nesting bald eagles". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities." Due to the nature of the project being residential development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated Brick Mill Road Estates - S&EC Threatened & Endangered Species Report Page 4 of 5 May 24, 2022 S&EC Project #15136.W5 critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. April 22, 2022. 7. NHP Report: April 22, 2022. 8. S&EC — FWS Species Conclusion Table. May 24, 2022. 9. S&EC — FWS Self -Certification Letter. May 24, 2022. References: - North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. - US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. - U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia mason). Version 1.2. December 2021. Atlanta, GA. - U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. Brick Mill Road Estates — S&EC Threatened & Endangered Species Report Page 5 of 5 FLEMING RD -1. 1- tjSLake -CLAYu Project Number: 15136.W5 Project Manager: MM Scale: 1 1000' Date: 05/24/2022 Map Title: USGS Map Brick Mill - McLean Property Harnett County, NC Source:2019 USGS Coats Quad 0 NNETT RD NC Center for Geographic Information & A`ly 1,000 2,000 1 1 1 1 1 1 1 1 1 Feet S& EC H E. Soil & Environmental Consultants, PA 8413 Falk of 1cusc Raid SURC 104. Haingh NC 27615 • Pharr 0.171 8465000 • Far:49 L908469467 «m Project Number: 15136.W5 Project Manager: MM Scale: 1" = 1000' Date: 05/24/2022 Center for Geographic Informitin & Analysis Map Title: Soil Survey Map Brick Mill - McLean Property Harnett County, NC SourceHarnett County Soil Survey Sheet 6 0 1,000 2,000 I I 1 1 1 1 1 1 Feet Soil & Environmental Consultants, PA 84l3 Falk c! Nem, 0.4145. Sun: 104. &al:igli NC 214 L 5 • Phan:: L919184659 W • F.: [9191 &16-9461 Legend Property Boundary c:53d Potentially Jurisdictional Intermittent Stream _ Potentially Jurisdictional Pond Potentially Jurisdictional Wetland Project No. 15136.W5 Project Mgr.: MM Scale: 1" = 250' 05/24/2022 Aerial Map Brick Mill - Mclean Property Harnett County Aerials from NC One Map Prepared by: GN 0 250 500 1,000 Feet N Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com Job #: 15136.W5 May 24, 2022 Threatened and Endangered Species Photo Report for the Brick Mill Estate Photo 1: Wetland edge *O. Photo 2: Wetland edge 1 Job #: 15136.W5 May 24, 2022 Photo 3: Pond edge Photo 4: Loblolly pines 2 Job #: 15136.W5 May 24, 2022 Photo 5: Intermittent stream Photo 6: Pond edge 3 E • l E E E E E • • E OPEN SPACE11 564,365SF GENERAL SITE NOTES E • 3 WET POND 411 N 365 ' S6E4,365 %/ // / I! yr / I // 1^� I L _ FFE LOT 61' LOT SF FFE: LOT 61' LOT SF F LOT 61' LOT i SF -FFE FFE: LOT 61' LOT SF \ FFE: LOT _ 61' LOT SF FFE: 1. PAVEMENT DESIGN : SEE PAVEMENT SECTION DETAIL 2. BUILDING AND ROADWAY STAKE OUT TO BE PERFORMED BY A REGISTERED LAND SURVEYOR. NOTIFY THE ENGINEER OF ANY DISCREPANCY. 3. ALL PARKING LOT DIMENSIONS ARE TO BACK OF CURB AND FACE OF SIDEWALK, UNLESS OTHERWISE NOTED ON THE PLANS. 4. ALL ON SITE PERIMETER CURB & GUTTER SHALL BE 24" UNLESS OTHERWISE NOTED. 5. CURB & GUTTER TO SLOPE (NEGATIVE OR POSITIVE) SAME AS PAVEMENT EDGE. PONDING OF WATER IN THE GUTTER IS PROHIBITED. 6. ALL CURB & GUTTER RADII SHALL BE 3' (TO BC) UNLESS OTHERWISE NOTED. 7. ALL SIDEWALKS ARE 5' WIDE WITH EXPANSION JOINTS © 30' OC UNLESS OTHERWISE NOTED ON THE DRAWINGS. 8. ANY WORK WITHIN THE PUBLIC RIGHT-OF-WAY SHALL BE IN STRICT ACCORDANCE WITH NCDOT STANDARDS AND SPECIFICATIONS. 9. THE ESTABLISHMENT OF FIRE LANES, IN ACCORDANCE WITH SECTION 503.3 OF THE 2012 NC FIRE CODE, MAY BE REQUIRED WHERE IT BECOMES APPARENT AFTER OCCUPANCY OF THE DEVELOPMENT THAT PARKING WITHIN ROADWAYS CREATES DIFFICULTIES FOR THE PASSAGE OF FIRE EQUIPMENT. 10. CONTRACTOR TO VERIFY THE WORK TAKING PLACE RELATED TO THE CHANGES IN THIS SITE PLAN WILL BE FULLY COMPLIANT WITH THE NORTH CAROLINA ACCESSIBILITY CODES (ANSI 11 7.1 -2009 AND CHAPTER 11 OF THE NCBC) UNLESS AND EXCEPT IN AREAS WHERE AN APPROVED STATEMENT FROM A SITE ENGINEER, SURVEYOR OR ARCHITECT VERIFIES THAT SITE CONDITIONS EXIST WHERE THE TOPOGRAPHY OF THE SITE IS EXTREME AND ONLY ALTERNATE METHODS OF COMPLIANCE ARE POSSIBLE. AN ANALYSIS AND CERTIFICATION OF THE SITE, PERFORMED BY THE DESIGN PROFESSIONAL OR DESIGNEE, MUST BE SUBMITTED TO THE BUILDING INSPECTIONS DEPARTMENT CERTIFYING THAT ALL SITE ACCESSIBILITY CODE REQUIREMENTS SUCH AS CURB CUTS, RAMP SLOPES, SIDEWALK SLOPES AND WIDTHS, AND CROSS SLOPES MEET THE REQUIREMENTS OF THE NC ACCESSIBILITY CODE PRIOR TO CO ISSUANCE. 1 1 . MULCH WALKING TRAILS WITHIN TREE SAVE AREAS SHALL BE CONSTRUCTED WITH MINIMAL DISTURBANCE OF TREE ROOTS AND EXISTING VEGETATION. ADJUST TRAIL AS NEEDED IN THE FIELD TO MINIMIZE TREE REMOVAL. NO TREE OVER 8 INCH DBH OR GREATER SHALL BE REMOVED FOR THE CONSTRUCTION OF THE TRAIL. 12. THE PROPER PROCEDURE FOR COMPACTED SOIL REMEDIATION IS AS FOLLOWS. a. REMOVE ALL IMPERVIOUS SURFACES FROM THE SUBJECT AREA. b. TILL THE AREA TO A DEPTH OF 12" BELOW THE TOP OF COMPACTED SUBGRADE. c. SUITABLE RATES AND TYPES OF SOIL AMENDMENTS SHOULD BE DETERMINED THROUGH SOIL TESTS. LIMESTONE AND FERTILIZER SHOULD BE APPLIED UNIFORMLY DURING SEEDBED PREPARATION AND MIXED WELL WITH THE TOP 4 TO 6 INCHES OF SOIL. 13. SANITARY SEWER CLEANOUTS IN DRIVEWAYS SHALL BE TRAFFIC BEARING CLEANOUTS AND LOCATED 18-INCHES FROM THE EDGE OF DRIVEWAY AS MEASURED TO THE CENTER OF THE CLEANOUT. OPEN SPACE 2 57141 SF\ 61' LOT SF FFE: OPUSP, 3 / LOT_ / 81' LOT FFE: SF / \ // /'\ / \ / // LOT _ > / 81' LOT SF FFE: / \ // / \ \ // / \ / / LOT_ / 81' LOT l \\ FFE: SF / \\ / // / \ \\ / // LOT \ / 81' LOT SF / FFE: /\ / // / \ �/ // LOT \ 61' LOT SF 61' LOT FFE: SF I • / LOT _ \ 81' 81' LOT SF FFE: LOT 81' LOT SF / FFE: / \ \ LOT 81' LOT \ \ LOTSF \ \ FFE: 61LOSF FFE: \� \ / EE SHEET C101 • • OPEN SPACE 564,365 SF • SF FFE: LOT SF FFE: • • WATER METER SS 7 PUBLIC STREET R.O.W. SEWER SERVICE STREET YARD - 20' MIN. SIDE YARD - 10' MIN 20' SETBACK 6,,,pc)\ \ 71T1 / \ \ 6\,,Lo; ,\TL:T\\ 61' LOT .../\.s.C)**'PFEENE 8<5 SS:FE 1/6; \// SF FFE: SITE PLAN SE PIN: 0690-41-5135.000 PID: 0705990130 ',,,, ____,\ 3\E43s0P8'5'T WET POND #2 FFE: SF ,r -,F :, SF Li FFE: S \\>iF-IEET C102 LEGEND (PROPOSED CONDITIONS) LD LIMITS OF DISTRUBANCE TREE PROTECTION FENCE OPEN SPACE AREA (OS) SCM ACCESS AND MAINTENANCE EASEMENT E E E E LOT 61' LOT FFE: SF 00 LOT 61' LOT SF FFE: OPEN SPACE 5 82,573 SF 61' LOT SF FFE: 61' LOT SF DEVELOPMENT SUMMARY: SITE SUMMARY GROSS LAND AREA: PROJECT AREA: AREA OF DISTURBANCE: EXISTING ZONING: PROPOSED ZONING: EXISTING USE: PROPOSED USE: RIVER BASIN: CITY LIMIT: LOT SUMMARY MAXIMUM BUILDING HEIGHT: MINIMUM LOT SIZE: STREET YARD SETBACK: SIDE SETBACK: REAR SETBACK: TOTAL LOTS: PROPOSED DENSITY: 156/78.21 AC = 3,406,827 SF (78.21 AC) 3,406,827 SF (78.21 AC) 2,767,632 SF (63.54 AC) RA R6-ND N/A SINGLE-FAMILY RESIDENTIAL CAPE FEAR COATS 35' 6,000 SF 10' 15' 156 1.99 DU/AC PARKING SUMMARY 2 PARKING SPACES WILL BE PROVIDED AT EACH UNIT BY THE USE OF A GARAGE AND/OR DRIVEWAY. TOTAL REQUIRED PARKING: TOTAL PARKING PROVIDED: IMPERVIOUS SUMMARY TOTAL AREA: EXISTING IMPERVIOUS AREA: TOTAL PROPOSED IMPERVIOUS AREA: STREETS / PARKING LOTS: LOT IMPERVIOUS: *RESERVE IMPERVIOUS AMOUNTS OF 5 000 SF FOR THE ABOVE ITEMS. OPEN SPACE SUMMARY PROPOSED OPEN SPACE AREA: 310 SPACES 319 SPACES 3,406,827 SF (78.21 AC) 5,262 SF (0.121 AC) 294,420 SF ( 6.76 AC) (8.64%) 647,900 SF (14.87 AC) (19.01%) LOTS AND 5 000 SF FOR OPEN SPACE ARE INCLUDED IN HORVATH ASSOCIATES CIVIL ENGINEERING LANDSCAPE ARCHITECTURE LAND PLANNING STORMWATER MANAGEMENT 16 CONSULTANT PLACE, SUITE 201 NORTH CAROLINA BOARD OF EXAMINERS FOR ENGINEERS AND SURVEYORS LICENSE NO.: C-0676 www.horvathassociates.com cn LLI 4CE cn LLI co 0 FIZ DIO Ow co (0 COATS, NORTH CAROLINA SITE PLAN "se.).111,4/51NR,9% 811 - CALL BEFORE YOU DIG DRAWN BY: NNA CHECKED BY: RV DATE APRIL 14, 2022 PROJECT NO. 2204 SHEET NO. 25' SETBACK SINGLE FAMILY TYPICAL LOT NOT TO SCALE 0 100 200 400 @COPYRIGHT 2021 THIS DOCUMENT AND THE DESIGN ARE THE PROPERTY OF HORVATH ASSOCIATES, P.A. ANY REPRODUCTION WITHOUT PRIOR WRITTEN CONSENT IS PROHIBITED C100 <SITE DEVELOPMENT> United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2022-0034930 Project Name: Brick Mill Road April 22, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/22/2022 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see hops://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 04/22/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 04/22/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 04/22/2022 2 Project Summary Project Code: 2022-0034930 Event Code: None Project Name: Brick Mill Road Project Type: Residential Construction Project Description: This project is located in Harnett County, NC and is approximately 74 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.401837099999995,-78.68266410588006,14z Counties: Harnett County, North Carolina 04/22/2022 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. 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. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Fishes NAME Endangered STATUS Similarity of Appearance (Threatened) STATUS Cape Fear Shiner Notropis mekistocholas There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6063 Clams NAME Endangered STATUS Atlantic Pigtoe Fusconaia masoni There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5164 Threatened 04/22/2022 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Candidate STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/22/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 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. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 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 (■) 04/22/2022 2 Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 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. 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 (I) 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. 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 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 04/22/2022 Wood Thrush BCC Rangewide (CON) 3 --.-I-.- — —++ ---- ---- —1-- ---- ---- ---- --- 1 ---- ---- -- . . Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds hops://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . 04/22/2022 4 Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. 04/22/2022 What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/22/2022 6 IPaC User Contact Information Agency: Name: Address: Address Line City: State: Zip: Email Phone: Soil & Environmental Consultants, PA Mason Montgomery 8412 Falls of Neuse Road 2: Suite 104 Raleigh NC 27615 mmontgomery@sandec.com 7047732837 ■ ▪ Mr'S' NC DEPARTMENT OF U MW NATURAL AND CULTURAL RESOURCES • April 22, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Brick Mill Site; 15136.W5 Dear Robert Zarzecki: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-17782 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V9 707.9120 • FAx 919.707.912i Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Brick Mill Site Project No. 15136.W5 April 22, 2022 NCNHDE-17782 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID cientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date i Rank Dragonfly or 33751 Somatochlora Coppery Emerald 2004-Pre H? 5-Very Damselfly georgiana Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Med AreMlame Town of Coats Open Space Town of Coats er Type Local Government Significantly G3G4 S1? Rare Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on April 22, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-17782: Brick Mill Site 8Hek ,tiriri kcr S 6 8 Fleming Rd 234ft P�- Rd w Stewart 5t Coharie Sdtsa 17 Coats 298 ft Iii N fa vl -o o in rn a n a r ea Stewart c PJ x 0.3 is I I S Lincoln sr Deima Grimes E Coats Recreation Park 1.2 Miles April 22, 2022 Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary Sources: Esn, Airbus O5, USGS, NGA NASA, CGIAR, N Robinson, NCEAS, NLS, 05, NMA, Geodalaslyrelsen, Rgkswaterstaal, GSA Geoland FEMA, Inlermap and the GIS user oammunily Sources! Esri, I4ERE. Gamin, FAO, NOAA, USGS, S OpenSlreelMap ccnlnbutars. and the GIS User Cenlmumty Page 3 of 3 Species Conclusions Table Project Name: Brick Mill Site Date: May 24, 2022 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded Woodpecker (Picoides borealis) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. American Alligator (Alligator mississippiensis) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Cape Fear Shiner (Notropis mekistocholas) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Atlantic Pigtoe (Fusconaia masoni) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Rough -leaved Loosestrife (Lysimachia asperulaefolia) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting Bald Eagles No Eagle Act permit required Preliminary habitat survey completed by S&EC staff on May 3, 2022. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, species not present May affect, not likely to adversely affect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Mason Montgomery / Environmental Scientist, Wetlands Department at S&EC, PA Signature /Title May 24, 2022 Date L7.li FE LI Y W ILD JFE SLiNV Lct United States Department of the Interior FISH AND WILDLIFE SERVICES' Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 05/24/2022 Self -Certification Letter Project Name Brick Mill Estates Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. June 21, 2022 Camden Brunick Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 cbrunick@sandec.com Re: Construct Brick Mill Estates residential subdivision, 765 Brick Mill Road, Coats, Harnett County, ER 22-1410 Dear Mr. Brunick: Thank you for your letter of May 11, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, cam. tea - Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898