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HomeMy WebLinkAbout20221349 Ver 1_ePCN Application_20220929DWR 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: 7/25/2022 BIMS # Assigned* Version#* 20221349 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: Mayflower Subdivison 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 9/29/2022 Nearest Body of Water UT to Bones Creek Basin Cape Fear Water Classification C Site Coordinates Latitude: Longitude: 35.051466 -79.051459 A. Processing Information County (or Counties) where the project is located: Cumberland Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No 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 1 h. 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: K&G Developers, LLC 2b. Deed book and page no.: DB: 7456 DP: 0322, DB: 7456 DP: 0317 & DB: 7493 DP: 0219 2c. Contact Person: Harold Kidd 2d. Address Street Address 6885 Cliffdale Road Address Line 2 City Fayetteville Postal / Zip Code 28314 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (910)864-9727 2f. Fax Number: 2g. Email Address: * jpalmer@thecapecompanies.com 3. Applicant Information (if different from owner) 3a. Name: Jacob Palmer 3b. Business Name: Cape Companies NC 1, LLC 3c. Address Street Address 4 Noel Henry Drive Address Line 2 City East Sandwich Postal / Zip Code 02537 3d. Telephone Number: (508)776-2001 3f. Email Address: * jpalmer@thecapecompanies.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 MA 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: Fayetteville 2. Project Identification 2a. Property Identification Number: 9487-34-3260, 9487-33-7848, 9487-33-9006 2b. Property size: +/- 42 2c. Project Address Street Address 8506 Olted Road Address Line 2 City Fayetteville Postal / Zip Code 28314 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT to Bones Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040608 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. Specifically, there is one (1) wetland feature (W1) that bounds the property along the southwest. General land use in the vicinity of the project consists of forested land and residential areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). AID 2009-00355 on 11/1/2012, we do not have a record of a 401 Approval being issued, likely because it was under notification thresholds. 4f. List the total estimated acreage of all existing wetlands on the property: Approximately 5.19 acres 4g. List the total estimated linear feet of all existing streams on the property: 0 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 single family residential development including but not limited to; roadway infrastructure, residential lots, utilities, SCMs, mail kiosk and other amenities. Specifically, there is one (1) road crossing that impacts a wetland. 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 No Comments: 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-2022-01234 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Environmental Consultants, PA Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 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 1 Road Crossing P Headwater Forest Wetland 1 J(acres) Yes Both 0.073 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.073 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.073 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation for the entire property so that natural resources could be identified and impacts can be minimized to the maximum extent practicable. Impact 1 is proposed permanent wetland impacts for a road crossing. This road crossing is necessary to provide access and connection to the east and west sides of the property, also providing two points of ingress and egress for safety. The crossing is proposed at a narrow section of the wetland and at a perpendicular angle. A culvert will be utilized to provide a hydrologic connectivity for the remaining wetland. Additionally, a riprap dissipator is proposed to minimize erosion during large storm events. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fence and erosion control matting will be used to protect the wetland during construction 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: There are no stream impacts associated with the project and all permanent wetland impacts are less than 0.10 acres. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation payment has not been proposed. 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 Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Fayetteville Comments: See attached wet pond drainage area map. 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 Mayflower Subdivision project is a residential development. Additionally, the project is located within the town of Fayetteville ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) 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 Services (USFWS),a query through the NC Natural Heritage Program database, and an official Species List through iPac. 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). The S&EC Threatened & Endangered Species report is attached. A formal request was sent to the USFWS on August 8, 2022. To date we have not received comments back from USFWS. 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 July 12, 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 entire property and submitted to SHPO on July 27, 2022 for review. SHPO provided a letter (ER-1888) stating that the project would not affect any historical resources. ER-1888 attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. 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 u 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 Mayflower PCN Attachments.pdf 24.83MB 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 E. Shirley Signature 4. t da Gtly Date 9/29/2022 Soil & Environmental Consultants, PA R412 Falls or Neuse Road, Suiic 1(14, Raleigh, NC 27615 • Phone: (919) R46-59(X) • Fax (9f 9) 846-9467 snndec.cnm AGENT AUTHORIZATION Project Name/Description: Mayflower Subdivision Date: � I Zl 12o2Z The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 S&EC Project # 11925 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): 9487-34-3260. 9487-33-7848. 9487-33-9006, 9487-33-9796, 9487-43- 2996, 9487-43-0116, & 9487-43-4555 Site Address: 8506 Olted Road City, County, State: Fayetteville Cumberland County, NC APPLICANT INFORMATION: Name: CA Q (: 101%i- S NL I LL-(- Mailing Address: Li No-No-e3, kvvri)(,; 02531- Telephone Number: ' - f9-lo - 200\ Email: 170-10v►eC Ca) - e. CA- -- Ccs IN\ Jo.trch Palmer Applicant (pleasprint) Date / 21 f Applica't tore We hereby certify the above information submitted In this application is true and accurate to the best of our knowledge. Deborah Shirley From: Camden Brunick Sent: Monday, July 25, 2022 9:40 AM To: 401PreFile@ncdenr.gov Subject: Mayflower Subdivison, Fayetteville, NC Pre -filing Meeting Request Attachments: 1837-CONCEPT PHASE II.pdf Good morning Chad, This pre -filing meeting request is for the Mayflower Subdivision project located at 8506 Olted Road in Fayetteville, Cumberland County, NC. The project is approximately 42 acres. The project purpose is to construct a mixed use single family and multi -family residential development and its necessary infrastructure including but not limited to; residential lots, roadway infrastructure, SCM's, and utilities. Specifically, there is one proposed road crossing that impacts a wetland as well as a utility crossing that impacts a wetland. Existing conditions onsite consists primarily of underdeveloped forested land with a few structures on site. General land use in the vicinity of the project consists of forested land and residential areas. Please see the attached site plan above. Please note this may change as we work with the engineers on minimizing impacts. Project Name: Mayflower Subdivision County: Cumberland Applicant Name: Cape Companies NC 1, LLC (attn: Jacob Palmer) Applicant Email: jpalmer@thecapecompanies.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 AVERSTONE) UTTERMERE DR I r 1- RD 3 0 AMR 0 LOWELL Project Number: 11925.W1 Project Manager: SB Scale: 1" 1000 Date: 01/19/2022 0 0 HARRIS, RD Map Title: Figure 1 - USGS Map Branchwood Circle Fayetteville, NC FJWETTE I�LL'E CC D %VIVI* rTI BEVERLY DR alki Source: USGS 2019 Quad Cliffdale, NC 0 I I S& EC 1114111 1 � � NC Center for Geog,r`ap hic Inform)tigyn & Analysis 1,000 2,000 1 1 1 1 1 1 Feet Soil & Environmental Consultants, PA 8412 Falls of Nense Road. Suite 104, Raleigh. NC 27615 • Phone: (919) 846-5900 • Fay: (919) 846-946 sand, corn Branchwood Circle Fayetteville, NC Source: Cumberland County Soil Survey Sheet 10 NC Center foGeographic Information & Analysis Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-946 i sandee.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2009-00355 County: Cumberland U.S.G.S. Quad: Cliffdale GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: K&G Developers, LLC Attn: Mr. Harold Kidd Address: 6885 Cliffdale Road Fayetteville, North Carolina 910-864-9727 ECEIVE Nuv 05 2012 Ily: soil 8 Eawaixment l Consailemis. Size and location of property (water body, road name/number, town, etc.): The property is 80 acres of land located south of Cliffdale Road and at the end of Olted Road, approximately 0.3 miles east of the intersection of Olted Road and Rim Road in Fayetteville, North Carolina. Latitude: 35.052334 Longitude: -79.053722 Description of projects area and activity: This permit authorizes the permanent impact to 113 linear feet of stream channel for a road crossing associated with the hunters Crossing West residential development. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 29 SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 9/18/2012 . Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Crustal Amschler at 910-251 70. Corps Regulatory Official ��� Date: 11/1/2012 Expiration Date of Verification: 11/1/2014 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://per2.nwp.usace.anny.mil/survey.html to complete the survey online. Pg 1 of 2 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ . Action ID Basis For Determination The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement and is adiacent to an unnamed tributary of Bones Creek, a tributary of Little Rockfish Creek, a tributary of Rockfish Cree, which is a navigable water of the United States. The unnamed tributary exhibits an ordinary high water mark as indicated by the presence of bed and banks and the absence of vegetation in the stream channel. Remarks. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Divis. n Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above ess by 12/31/2012 . **It is not necessary to submit an RFF fur o the Di if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: 11/1/2012 Expiration Date: 11/1/2017 Copy furnished: Soil & Environmental Consultants, PA, Attn: Debbie Edwards, 11010 Raven Ridge Rd, Raleigh, NC 27614 Pg 2 of 2 NOTIFICATION Or ADMINI`7RATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: K&G Developers. LLC File Number: 2009-00355 Date: 11/1/2012 Attached is: See Section below 1 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ' APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: /www.usace.army.mil inet''functions/cw;eecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL c}r OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. • If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Crystal Amschler, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Action ID Number: 2009-00355 County: Cumberland Permittee: K&G Developers, LLC Date Permit Issued: 11/1/2012 Project Manager: Crustal Amschler Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date CESAW-RG 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 August 5, 2022 S&EC Project No: 11925.W4 Re: Online Project Review Request, Mayflower, Fayetteville — Cumberland 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 August 5, 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. Mayflower (35.051153, -79.053300). The site is located at 8506 Olted Road, Fayetteville — Cumberland 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 August 5, 2022 S&EC Project No.: 11925.W4 To: Cape Companies NC I, LLC Attn: Jacob Palmer 405 Washington Street Duxbury, MA 02332 Re: THREATENED & ENDANGERED SPECIES REPORT Mayflower (+/- 42 acres) 8506 Olted Road, Fayetteville, Cumberland County, NC Dear Mr. Palmer: On July 26, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Mayflower property shown on the attached maps for potential endangered species. The property is located at 8506 Olted Rd in Cumberland County, NC. Surface waters on -site flow into Bones 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. Mayflower - S&EC Threatened & Endangered Species Report Page 1 of 6 August 5, 2022 S&EC Project #11925.W4 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 • Monarch Butterfly (Danaus plexippus) , Candidate • Saint Francis' Satyr Butterfly (Neonympha mitchellii francisci), Endangered • American Chaffseed (Schwalbea americana), Endangered • Michaux's Sumac (Rhus michauxil) , Endangered • Pondberry (Lindera mellisifolia) , Endangered • Rough -leaved Loosestrife (Lysimachia asperulaefolia), Endangered Of the species identified on the official species list, the NHP report did identify a Federally endangered species within one mile of the project area. This historical elemental occurrence is for Saint Francis' Satyr and is from 1997. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified five managed areas 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. The Loblolly pine stands on -site are too young (± 20 years old) and dense to be considered suitable habitat. 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. There are no streams or ponds on -site. The development will be staying outside of Mayflower- S&EC Threatened & Endangered Species Report Page 2 of 6 August 5, 2022 S&EC Project #11925.W4 the swamp along the southwestern property boundary. Due to these observations, S&EC believes that the project would have "No effect" on the American Alligator. MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving pollinator habitat where practicable. SAINT FRANCIS' SATYR BUTTERFLY (Neonvmpha mitchellii francisci): S&EC conducted preliminary surveys of the site for potential suitable habitat for the Saint Francis' Satyr butterfly. We found no individual species during our evaluation. The NHP report did list a historical occurrence within one mile of the site from 1997. However, all known subpopulations are within Ft. Bragg (+/- 10 miles away). The suitable habitat for this species consists of primarily wet meadows, beaver impoundments, and fire -maintained areas. The project area is primarily wooded, except for paths and easements. All open disturbed areas within the site were evaluated. S&EC believes there is no suitable habitat on -site, and we have concluded that the project would have "No effect" on the Saint Francis' Satyr butterfly. AMERICAN CHAFFSEED (Schwalbea americana): S&EC personnel conducted preliminary surveys of the site for potential suitable habitat for the American Chaffseed. We found no individual species during our evaluation. The NHP report did not list an elemental occurrence on or within one mile of the site. American Chaffseed is a hemi parasitic stem that grows in openly disturbed areas that are routinely burned 1-6 years. There was no evidence of controlled burns on -site. The areas S&EC believes could be suitable habitat include the power easements, due to mowing. These areas were surveyed in detail and no species were found. Due to these observations, S&EC believes this project would have "No effect" on the American Chaffseed. MICHAUX'S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary Mayflower- S&EC Threatened & Endangered Species Report Page 3 of 6 August 5, 2022 S&EC Project #11925.W4 surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along paths, easements, and pond edges. Given the lack of species present within the areas believed to be suitable habitat, we concluded that the project would have "No effect" on Michaux's sumac. PONDBERRY (Lindera melissifolia) : S&EC personnel conducted a preliminary survey of the site for potential suitable habitat for Pondberry. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of the site. The suitable habitat for this species is within wetlands, coastal sites, and in shady areas. It should be noted this survey took place outside of the optimal survey window (February through March; September through October). S&EC believes suitable habitat exists along the paths, easements, and wetland edges. These areas were observed in detail and no Pondberry was found. Given that the survey was done outside of the optimal survey window, but within the growing season, we have concluded that the project would "No effect" on Pondberry. USFWS should be consulted to see if the survey done on July 6, 2022, is sufficient to concur with a "No effect" determination because it was still within the growing season. Additional surveys may be required. ROUGH -LEAVED LOOSESTRIFE (Lvsimachia asperulaefolia): S&EC personnel conducted a preliminary survey of the site for potential suitable habitat for the 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. There are disturbed areas along the paths and easements. These areas were surveyed in detail. 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. Mayflower- S&EC Threatened & Endangered Species Report Page 4 of 6 August 5, 2022 S&EC Project #11925.W4 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 (Mvotis 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 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 Mayflower- S&EC Threatened & Endangered Species Report Page 5 of 6 August 5, 2022 S&EC Project #11925.W4 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. July 7, 2022. 7. NHP Report: July 7, 2022. 8. S&EC — FWS Species Conclusion Table. August 5, 2022. 9. S&EC — FWS Self -Certification Letter. August 5, 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. 1993. U.S. Fish and Wildlife Service. 30pp. - U.S. Fish and Wildlife Service. 2003. Second Revision. Atlanta GA 316 pp. Michaux's Sumac Recovery Plan. Atlanta, Georgia: Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Mayflower- S&EC Threatened & Endangered Species Report Page 6 of 6 ! Ii4NGRO VE DR ) 3 %%1 a _-.0 ERSTONE DR ` Flo F-A--YETTE ILLE 1 �‘\ o r �( t TERM EREi DR731 a -i.=o 1 Rp D< \o )/1.0( :vSToN ,y1ARI-RD �.4Y D DR 411 ] 7 z _xi LD lILgSSwoo 1 1�pFz tF Gv� 1 /�-O 0, \�o Pp� 4 �1009 1' 0� ■I$ #1>'p,QiQC, 1 '-0." -i_ % T, O� i ?,O _ - v -1400 �0 ibi _.. 44\•, tovs Ac\ ra,II 10 <•-• - 4".. , 1141 K14*/11, RIS 4,,t ' 1:111. ..i., 1)1,4E1 44 ii) FA- 14 ,e. A BR, iirric 1...,,,, :ic)fte, RD GOODEN DR iii 4' ' , er 0 w ih(4 in z. z. 1111‘ 0 c,�l1n�formaVon �.�1:7;\ 0 12riz.-^. 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'27615 •• Phone: (919) 846-5900 • Fax: (919) 846-9467 sandeneom Job #: 11925.W4 August 5, 2022 Threatened and Endangered Species Photo Report for the Mayflower Property Photo 1: Powerline easement Photo 2: Powerline easement 1 Job #: 11925.W4 August 5, 2022 Photo 3: Path between ponds Photo 4: Sewer easement 2 Job #: 11925.W4 August 5, 2022 Photo 5: Wetlands 3 I:\The Cape Companies\1837-Mayflower Subdivision\CIVIL 3D\DWG \CONCEPT\1837-CONCEPT PHASE II.dwg • CONCEPT • 5.5.2022 5:09:17 PM HOPPER R C ETA RD o Hog pR 0 ,cp m IliaO m 1 ARAILIA DR 0 i cD cD DR o Q7 MELISSA CT l BAs ♦ c�cr Os� �-p I.,'PG5P0° TROPHY CT6kF.F Lj 0 wl III C"\ o 14, OEM% IT NORTH VICINITY MAP NOT TO SCALE LEGEND: EIP Oa EIP—EXISTING IRON PIPE EIR Oa EIR—EXISTING IRON ROD ERBO ERB—EXISTING REBAR \ \ EPKO EPK—EXISTING PK NAIL -NSF= JVOW OR FORMERLY R/W — RIGHT OF WAY CPP — CORRUGATED PLASTIC PIPE RCP — REINFORCED CONCRETE PIPE CI — CURB INLET PROPERTY LINE -- ADJACENT PROPERTY LINE TIE LINE — — RIGHT—OF—WAY SANITARY SEWER LINE — STORM -DRAINAGE WATER LINE // OVERHEAD UILITY — CREEK WETLANDS X FENCE LINE WOODE1 ITERCE sr — SILT FENCE LINE TREE LINE -0 BENCHMARK SIGN Mg MAILBO Ee ELECTOICAL BOX 1' TRANSFORMER c LIGHT POLE PP. I�TILITY POLE N �E./GUY WIRE \ ❑T TELEPHONE PEDESTAL \ © CABLE PEDESTAL \ D I WATER VALVE _ FIRE HYDRANT tr WATER METER sD STORM DRAIN MANHOLE ------®-C,TCH BASIN SANITARY SEWER oco CLEANOUT '.j CONCRETE �'.... WETLANDS I SIGN I MANHOLE / / \ / / \ N \ / / / / --- \ N \ / i— \ / / N: 474,651.239 \ \ E. 1,984,188.562 \ \ \ \ NC GRID NAD 83 \ \ \ \ (NSRS 2007) \- �sx _ \ \ \ i� NAVD 88 1" EIP \ __ (PINCH TOP) EXISTING AXLE WITH NAIL REMOVE PLUG AND BLOW OFF ASSEMBLY TO EXTEND OPEN SPACE THIS IS A ZERO LOT LINE SUBDIVISION. THE CURRENT ZONING SETBACKS MUST BE HELD AROUND THE PARENT BOUNDARY AND ALONG THE STREET RIGHT—OF—WAYS. THERE ARE DIFFERENT SET BACK REQUIREMENTS FOR INTERNAL LOT LINES. *NOTE / ALL EXISTING s3"TRUCTURES, CONCRETE, ETC. SHALL BE -MOVED DURING DEMOLITION SALT MARSH STREET 50' PUBLIC R/W ) 11 1 11 11 I 1 1 / 1 11 / 11 OLD KING'S AVENUE 50' PUBLIC R/W II 1 1 - 1— I 1 I I , I I i 1 _1— _ ---- IRONSIDE DRIVE 50' PUBLIC R/W IL J 1 II II 11 11 11 \ v---- Ii1'L1 I II — LOTHROPS LANE 50' PUBLIC R/W 5/8" 5/8" EIR EIR WITH BOLT-- N N / N / / STORM — — POND _ 1 1 — AREA — - _ / __ -� -- �- —� — �� �_\ `-__-� 1/2„ ERB.--- EIS WITH -- BOLT OPEN SPACE AREA N: 437,716.373 1.rr_f3/1e ^_sS • JIND. S.— — (N.RS 2007) AVD 88 r / _,_ 1 _ _ 7; 1 I \\ 1 1 \\ 1 1 1 1 1 1 111 1 L Jj 1 L _1i ** �" " - — ..-� ." *. - „� _ - �11Y1�' - "." " .is """ * .""" "y "� — "- m — � / 1" .fir• .�."" "" . .•' ".".".. * " ."."."..". .* * .\."."."" AREA .— — — • • • • . * • • • . • • . * * * * * * * * * * ............ ( * "-�`•". " "—"""-"-�. .� .".` "fir . " .".".* " " " " " " BARK PARK AREA OPEN SPACE 11 ERB BUGLE CALL DRIVE 50' PUBLIC R/W 170 RESIDENTIAL LOTS 148 TOWN HOME LOTS *NOTE: LIGHTING REQUIREMENTS LIGHTING REQUIREMENTS SHALL FOLLOW THE FAYETTEVILLE UDO ACCORDING TO SECTION 30-5 PART E *NOTE: STREET TREES NO STREET TREES REQUIRED PER ARTICLE 30-5 SECTION F PARAGRAPH 10. NO STREET CREATED WILL BE CONSIDERED A COLLECTOR ROAD OR ABOVE. *THE SITE WAS TIMBERED DURING THE PAST FIVE YEARS. NO SPECIMEN TREES EXIST ON THE SITE. I, \ �_ N \ �\ / \ —� \� / / X. \ —� \ - �� _ / / \ \- - 1/2„ 1/2" ERB (BENT) ��— —� �X. ' -- \ \ \ - -- ---- �\ \ __--� ��/ - ./.. "ALL CONSTRUCTION TO BE IN ACCORDANCE OF FAYETTEVILLE STANDARDS AND .Sf'ECIFICAT19Dl / (BENT) \ /5- ":• ":• 18/ "Z" / • ERB LIP— —/ 1// ' — ERB• r' B LE CALL DRIVE 4. 50R/W PUBLIC 0 1 /2" ERB 1/2". -- ERB �� ��\ �\ \ N \ � 100 200\N N \ \ \ \40\ \\ \ MI \ \ \\ ( \\\ 1 1 \ \ \ \\\\\ - \ \ \1 inch \ �100 ft. \ ` \ ) 1 \ N \ \ \ \ \ N \\ \ \\ \\ \\ II Il I JZ O a0 1— U 1— F- — Z 2O COcol— cc DLL VJ C^ W OLu cc d O Z 4Dsite solutions civil engineering I land surveying 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 office 1910-426-6777 fax 1910-426-5777 license number I C-2354 wwwAD site solutions.com REVISIONS PROJECT NAME MAYFLOWER SUBDIVISION (ZERO LOT LINE) CONCEPTUAL OVERALL SITE PLAN CLIENT THE CAPE COMPANIES 4 Noel Henry Drive East Sandwich, Massachusetts 02357 Phone: (774) 487-1626 PROJECT INFORMATION DESIGNED BY: SEAN DRAWN BY: SEAN CHECKED BY: SCOTT PROJECT NUMBER: 1837 DRAWING SCALE HORIZONTAL: 1 "=100' DATE DRAWN MAY 5, 2022 SHEET NUMBER 1 OF 4 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: 2022-0061307 Project Name: Mayflower July 07, 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 07/07/2022 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. 07/07/2022 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 07/07/2022 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 07/07/2022 2 Project Summary Project Code: 2022-0061307 Event Code: None Project Name: Mayflower Project Type: Residential Construction Project Description: This project is located in Cumberland County, NC and is approximately 42 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.05164635,-79.05565559474175,14z • r Counties: Cumberland County, North Carolina 07/07/2022 3 Endangered Species Act Species There is a total of 8 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 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Saint Francis' Satyr Butterfly Neonympha mitchellii francisci No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5419 Endangered STATUS Similarity of Appearance (Threatened) STATUS Candidate Endangered 07/07/2022 4 Flowering Plants NAME STATUS American Chaffseed Schwalbea americana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1286 Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Pondberry Lindera melissifolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Endangered Endangered Endangered Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 07/07/2022 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 American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws. gov/ecp/species/9587 Bachman's Sparrow Aimophila aestivalis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws. gov/ecp/species/6177 Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 1 to Aug 31 Breeds May 1 to Sep 30 Breeds May 1 to Aug 20 07/07/2022 2 NAME BREEDING SEASON Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Breeds May 10 to Sep 10 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 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) 07/07/2022 3 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 American Kestrel BCC - BCR Bachman's Sparrow BCC Rangewide (CON) Eastern Whip -poor - will BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) -I-- ---- ---- -.� 1111 III 1111 1111---------------- '----1111 1111 1111 1111 1111 - --- 1111 1111 1111 III- - --- "II IIII 1111 11111111 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 https://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. 07/07/2022 4 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 07/07/2022 5 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 07/07/2022 6 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. 07/07/2022 7 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 July 7, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Mayflower; 11925.W4 Dear Robert Zarzecki: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-18552 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 Mayflower Project No. 11925.W4 July 7, 2022 N CN H D E-18552 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group Butterfly EO ID Scientific Name Common Name 33913 Callophrys hesseli Observation Date Hessel's Hairstreak 1972-07 Butterfly 34488 Neonympha helicta Helicta Satyr Butterfly 8676 Crustacean 32580 Dragonfly or 33740 Damselfly Dragonfly or 33780 Damselfly Freshwater Fish31812 Enneacanthus chaetodon Vascular Plant 20660 Desmodium fernaldii Neonympha mitchellii Saint Francis' Satyr francisci Cambarus hystricosus Sandhills Spiny Crayfish Somatochlora Coppery Emerald georgiana Stylurus ivae Shining Clubtail Blackbanded Sunfish Fernald's Tick -trefoil 1997-06-24 1997-08 2004-10-29 Element Occurrence Rank H Accuracy Federal Status 1 5-Very Low H? 5-Very Low H? 5-Very Low E 3-Medium 2004-Pre H? 2004-Pre H? 2003-10-20 E 1992-10-02 E 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 Managed Area Name wner City of Fayetteville Open Space City of Fayetteville City of Fayetteville Open Space City of Fayetteville Cumberland County Open Space Fayetteville Fish Hatchery Fort Bragg Military Reservation Cumberland County NC Wildlife Resources Commission US Department of Defense 5-Very Low 5-Very Low 3-Medium 3-Medium State Status MI i Significantly Rare Significantly Rare Endangered Significantly Rare Significantly Rare Significantly Rare Significantly Rare Significantly Rare Significantly Rare Peripheral er Type Local Government Local Government Local Government State Federal Global State Rank Rank 1 G3 S3 G3G4 G2T1 G2 G3G4 G4 G3G4 G4 S1? S1 S2 S1? S1? S3 S1 Page 2 of 4 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.oro/help. Data query generated on July 7, 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 3 of 4 NCNHDE-18552: Mayflower 276ft • s a °Oa''+ark Dr 0 QP �cr1YOr v i 11111111111111111W `250 ft : a 2441ft • 12951 $�`0.6 1.2 Miles July 7, 2022 T I Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary Sources: Esn. Anbus DS. USGS. NGA NASA. CGIRR. N Robinson, NCEAS. NLS, O5. NMA. Geodalaslyrelsen. Rgkswaterstaal. GSA Geoland FEM. Inlermap and the GIS user osmmunily Sources! Esti. HERE. Garmin. FAO. NOAA. USGS. ® OpenSlreelMap conlnbulors. and the GIS User Carnrnunny Page 4 of 4 Species Conclusions Table Project Name: Mayflower Date: August 5, 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 July 26, 2022. American Alligator (Alligatormississippiensis) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. Saint Francis' Satyr Butterfly (Neonympha mitchellii francisci) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. American Chaffseed (Schwalbea americana) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. Michaux's Sumac (Rhus michauxii) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. Pondberry (Lindera melissifolia) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. Rough -leaved Loosestrife (Lysimachia asperulaefolia) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on July 26, 2022. Bald Eagle (Haliaeetus Ieucocephalus) Unlikely to disturb nesting Bald Eagles No Eagle Act permit required Preliminary habitat survey completed by S&EC staff on July 26, 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 July 26, 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. Critical Habitat No critical habitat present No effect 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 August 5, 2022 Date L7.li FE LI Y W ILD JFE SLiNV Lct United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: August 5, 2022 Self -Certification Letter Project Name Mayflower 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. August 18, 2022 Camden M. Brunick Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 cbrunick@sandec.com Re: Construct Mayflower subdivision, 8541 Olted Road, Fayetteville, Cumberland County, ER 22-1888 Dear Mr. Brunick: Thank you for your email of July 27, 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, 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 I, SEAN R. SEEVER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION. WITNESS MY HAND AND SEAL THIS Gy UHT Vr ,vU4UJl . H.U.. LULL. FINAL DRAWING PP(1FFCCI(*AIAI I AMl CI IRUFY(1R — I _4 71 IMPACT AREA #1 WETLAND IMPACT: 3,200 SF PERMANENT IMPACT 4Dsite solutions civil engineering 1 land surveying 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 office 1910.426.6777 fax 191E-426.6777 license number 1 C-2354 wwwADsltesolutlone,com REVISIONS PROJECT NAME MAYFLOWER SUBDIVISION EXISTING CONDITIONS CLIENT CAPE COMPANIES NC I, LLC 4601 Hoe Court Fayetteville, North Carolina 28314 Phone: (774) 487-1626 PROJECT INFORMATION DESIGNED BY: CALEB DRAWN BY: CALEB CHECKED BY: SCOTT PROJECT NUMBER: 1837 DRAWING SCALE HORIZONTAL: 1 "=200' DATE RELEASED AUGUST 29, 2022 SHEET NUMBER w-1 OF 3 -l' le3WNMIII�1�1�/ IMPACT AREA #1 WETLAND IMPACT: 3,200 SF PERMANENT IMPACT I, SEAN R. SEEVER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION. WITNESS MY HAND AND SEAL THIS Gy UHT Vr ,vU4UJl . H.U.. LULL. FINAL DRAWING PP(1FFCCI(*AIAI I AMl CI IRUFY(1R — I _4 71 4Dsite solutions civil engineering 1 land surveying 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 office 1910.426.6777 fax 191E-426.6777 license number 1 C-2354 wwwADsltesolutlone,com REVISIONS PROJECT NAME MAYFLOWER SUBDIVISION OVERALL SITE PLAN CLIENT CAPE COMPANIES NC I, LLC 4601 Hoe Court Fayetteville, North Carolina 28314 Phone: (774) 487-1626 PROJECT INFORMATION DESIGNED BY: CALEB DRAWN BY: CALEB CHECKED BY: SCOTT PROJECT NUMBER: 1837 DRAWING SCALE HORIZONTAL: 1 "=200' DATE RELEASED AUGUST 29, 2022 SHEET NUMBER W-2 OF 3 LEGEND: R/W — RIGHT OF WAY INV — INVERT OF NEW PIPE RCP — REINFORCED CONCRETE PIPE — LOC— LOC— LIMITS OF CONSTRUCTION WETLANDS PERMANENT IMPACT AREA I, SEAN R. SEEVER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION. WITNESS MY HAND AND SEAL THIS Gy UHT Vr UL14uii H.U.. LULL. FINAL DRAWING THE EXISTING WETLANDS WILL BE IMPACTED BY CONSTRUCTION OF THE ROADWAY AND ASSOCIATED INFRASTRUCTURE AS SHOWN. 25.50LFC� 0.50% 15"_MIRCP RIP RAP DISSIPATER L=60' W=18766' D5o=14" DNAx=21" CCLASS� 5" THICK 2PIPE 2B 104.00 LF 0.67% 60" RCP PIPE 2A 104.00 LF C� 0.67% 60" RCP I v IIIt r o o c) Ai Gc,, AwA 2X104.00 LF ®0.67% 60" RCP/ tits RAP — _I _ i.=.\ ������ EMBEDDED RIP Ln co co 2 lq O rn =.=.=.~ ♦ice"�. G 40 10+00 11 +00 4Dsite solutions civil engineering 1 land surveying 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 office 1910.426.6777 fax 19104264777 license number I C-2334 wwwADsltesolutIons.com REVISIONS PROJECT NAME MAYFLOWER SUBDIVISION IMPACT AREA #1 CLIENT CAPE COMPANIES NC I, LLC 4601 Hoe Court Fayetteville, North Carolina 28314 Phone: (774) 487-1626 PROJECT INFORMATION DESIGNED BY: CALEB DRAWN BY: CALEB CHECKED BY: SCOTT PROJECT NUMBER: 1837 DRAWING SCALE HORIZONTAL: 1 "=40' DATE RELEASED AUGUST 29, 2022 SHEET NUMBER W-3 OF 3 `- EK RD \ Im HERD D FORD 115 -I 4Dsite solutions I:\The Cape Companies \1837-Mayflower Subdivision\CIVIL 3D\DWG \1837-DESIGN.dwg • C3.0 G&EC • 8.25.2022 7:21:42 AM LEGEND: EiP Oa EIP-EXISTING IRON PIPE EiR Oa EIR-EXISTING IRON ROD ERBO ERB-EXISTING REBAR EPKO EPK-EXISTING PK NAIL N/F - NOW OR FORMERLY R/W - RIGHT OF WAY CPP - CORRUGATED PLASTIC PIPE RCP - REINFORCED CONCRETE PIPE CI - CURB INLET PROPERTY LINE ADJACENT PROPERTY LINE TIE LINE RIGHT-OF-WAY SANITARY SEWER LINE STORM DRAINAGE WATER LINE // OVERHEAD UILITY - CREEK - - WETLANDS X FENCE LINE WOODEN FENCE SF - SILT FENCE LINE TREE LINE PROPOSED EASEMENT PROPOSED FENCE LINE -0 BENCHMARK SIGN Mg MAILBOX Ee ELECTRICAL BOX TRANSFORMER LIGHT POLE PP • UTILITY POLE C GUY WIRE ❑T TELEPHONE PEDESTAL © CABLE PEDESTAL N WATER VALVE FIRE HYDRANT ❑❑ WATER METER so STORM DRAIN MANHOLE ® CATCH BASIN SANITARY SEWER MANHOLE ,c0 CLEANOUT CONCRETE WETLANDS 210 MAJOR CONTOUR 207 MINOR CONTOUR x 208 47' SPOT ELEVATION - Loc- Loc- LIMITS OF CONSTRUCTION - SF - SF - SILT FENCE LINE - JUTE NETTING - Div -Dlv- DIVERSION BERM OINLET PROTECTION -HOPPER R C L RD a o MELISSA CT fr Q BASS, z DR o� /-(/4N ��� -( P ARAILIA DR 9)- Ct- S�° c�°Gse �� TROPHY CT ti ::::� • c:\ SpO NORTH OQ VICINITY MAP NOT TO SCALE - SF I SIGN I I - JN ss SD WL GRADING NOTES • Riw eith,G ,1R/FS OQ te- / ©0 N /F AQUA NORTH CAROLINA PB 38, PG 75 DB 7302, PG 580 DB 3360, PG 389 • 1 N /F OAKLAND PARK, LLC PB 38, PG 75 DB 8419, PG 232 1. ALL ELEVATIONS SHOWN ARE IN REFERENCE TO THE BENCHMARK AND MUST BE VERIFIED BY THE GENERAL CONTRACTOR.ALL SPOT ELEVATIONS ARE TO THE FINISHED GRADE OF THE CURB, UNLESS OTHERWISE NOTED. 2. ALL SIDEWALKS AND PEDESTRIAN WALKING SURFACES SHALL HAVE A CROSS SLOPE NO STEEPER THAN 2% AND LONGITUDINAL SLOPE NO STEEPER THAN 5%. 3. THE CONTRACTOR SHALL ASSUME RESPONSIBILITY FOR ALL LAND DISTURBING ACTIVITIES AND ENSURE COMPLIANCE WITH THE APPROVED EROSION AND SEDIMENTATION CONTROL PLAN. THE CONTRACTOR SHALL INSPECT AND MAINTAIN ALL EROSION CONTROL DEVICES AND CLEAR ANY DEBRIS LEAVING THE SITE ON NEIGHBORING ROADS. 4. EXISTING GROUND UPON WHICH FILL OR BASE IS TO BE PLACED SHALL BE CLEARED OF WEEDS, DEBRIS, TOPSOIL, AND ALL OTHER DELETERIOUS MATERIALS; NO FILL SHALL BE PLACED UNTIL PREPARATION OF THE EXISTING GROUND HAS BEEN COMPLETED 5. PROTECTIVE MEASURES SHALL BE TAKEN BY THE CONTRACTOR AND THE OWNER TO PROTECT ADJACENT PROPERTY, THE PUBLIC AND UTILITIES DURING GRADING OPERATIONS. THE CONTRACTOR ASSUMES ALL LIABILITY FOR THE UNDERGROUND UTILITY PIPES, CONDUITS, OR STRUCTURES, WHETHER SHOWN OR NOT ON THE PLAN 6. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATION OF ALL UTILITIES OR STRUCTURES ABOVE AND BELOW GROUND, SHOWN OR NOT SHOWN ON THESE PLANS. THEY WILL BE HELD RESPONSIBLE FOR ALL DAMAGE TO ANY UTILITIES OR STRUCTURES CAUSED BY HIS OPERATION. 7. ALL CUT AND FILL SLOPES SHOULD BE INVESTIGATED BOTH DURING AND AFTER GRADING BY THE CONTRACTOR TO DETERMINE IF ANY SLOPE STABILITY PROBLEMS EXIST. IF IT IS DETERMINED THAT THERE IS A SLOPE STABILITY PROBLEM THE ENGINEER OF RECORD SHOULD BE NOTIFIED. 8. STOCKPILE AREAS THAT WILL EXCEED 10' IN HEIGHT SHOULD BE GRADED WITH 3:1 SLOPES AND SURROUNDED BY SILT FENCE. 9. APPROVED COPIES OF THE GRADING AND EROSION CONTROL PLANS SHALL BE ON THE PERMITTED SITE WHILE WORK IS IN PROGRESS. 10. ALL EXISTING DRAINAGE COURSES THROUGH THIS SITE SHALL REMAIN IN A CONDITION SUCH THAT THEY CAN TRANSPORT THE NATURAL DRAINAGE UNTIL FACILITIES TO HANDLE THE STORM WATER ARE CONSTRUCTED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE DUE TO OBSTRUCTING NATURAL DRAINAGE PATTERNS. 11. ANY DEVIATION FROM THE APPROVED GRADING PLAN SHOULD BE REPORTED TO THE ENGINEER OF RECORD PRIOR TO IMPLEMENTATION OF THE CHANGE. 12. ALL SLOPES 3:1 OR STEEPER THAT EXTEND TEN FEET OR MORE SHALL BE LINED WITH NORTH AMERICAN GREEN S75 TEMPORARY EROSION CONTROL BLANKET OR EQUAL SUBSTITUTE. 13. STORM PIPE DISTANCES SHOWN ARE TO THE CENTER OF THE BOX FOR ALL STRUCTURES UNLESS OTHERWISE NOTED. z v, 4, m w 4, CS) 00 cn UTILITYEASE 1-9 2 N/F THE VILLAGES AT PARCSTONE, LLC DB 9698, PG 187 PB 136, PG 73 S31 23'41 "E 439.16, i�wz _.- St**1 1 / BEL CANTO NPRC PARLSTO C PB 128, PG 177 DB 10612, PG 45 -jaNi .. 138 139 140' l ® 128 460 1130 P PR 130 129 126 ® 124� / / / 1 • / I I I,- 2 \,_ / \ ( 4�\ \,_ / r-� S37°01'35"E 727.18' 5 / 0 r7 N 1'•: 3 / N/F DORIS BUNNELLS PB 60, PG 57 DB 6634, PG 71 I\ • S40'49'07"E \�6J � ®I�I 69 7iii0� 67 - U 65 64 :633 66 1 1623 �61� 6 ",_ / I // 8 I I I I ( 9�\ • I I 1 1 I 1 S40'50'02"E I I\10 NOTIFICATION OF COMBINED SELF -MONITORING AND SELF -INSPECTION FORM: THE SEDIMENTATION POLLUTION CONTROL ACT WAS AMENDED IN 2006 TO REQUIRE THAT PERSONS RESPONSIBLE FOR LAND -DISTURBING ACTIVITIES INSPECT A PROJECT AFTER EACH PHASE OF THE PROJECT TO MAKE SURE THAT THE APPROVED EROSION AND SEDIMENTATION CONTROL PLAN IS BEING FOLLOWED. RULES DETAILING THE DOCUMENTATION OF THESE INSPECTIONS TOOK EFFECT OCTOBER 1, 2010. TO SIMPLIFY DOCUMENTATION OF SELF -INSPECTION REPORTS AND NPDES SELF -MONITORING REPORTS, DWQ AND DEMLR DEVELOPED A COMBINED FORM. THE SELF -INSPECTION PROGRAM IS SEPARATE FROM THE WEEKLY SELF -MONITORING PROGRAM OF THE NPDES STORMWATER PERMIT FOR CONSTRUCTION ACTIVITIES. THE FOCUS OF THE SELF -INSPECTION REPORT IS THE INSTALLATION AND MAINTENANCE OF EROSION AND SEDIMENTATION CONTROL MEASURES ACCORDING TO THE APPROVED PLAN. THE INSPECTIONS SHOULD BE CONDUCTED AFTER EACH PHASE OF THE PROJECT, AND CONTINUED UNTIL PERMANENT GROUND COVER IS ESTABLISHED. THE FORM CAN BE ACCESSED AT: HTTP: //PORTAL.NCDENR.ORG/WEB/LR/EROSION IF YOU HAVE QUESTIONS OR CANNOT ACCESS THE FORM, PLEASE CONTACT THE FAYETTEVILLE REGIONAL OFFICE AT (910) 433-3300. ICONSTRUCTION SEQUENCE 1. OBTAIN ALL NECESSARY PERMITS AND APPROVALS AND IHOLD PRE CONSTRUCTION CONFERENCE. 2. INSTALL STONE CONSTRUCTION ENTRANCE, TEMPORARY SILT FENCE, AND DIVERSION BERMS WHERE SPECIFIED. 3. INSTALL SEWER MAIN FROM MH-40 TO SSMH #8260 AROUND POND & REMOVE EXISTING SEWER MAIN. 4. CONSTRUCT TEMPORARY SEDIMENT BASIN. 5. CLEAR AND GRUB THE SITE AS NEEDED. 6. ROUGH GRADE THE SITE AND APPLY TEMPORARY SEEDING TO AREAS TO REMAIN GRASSED. 7. INSTALL UTILITIES. 8. INSTALL INLET PROTECTION ON ALL NEW STORM WATER INLETS. 9. PERFORM FINE GRADING. 10. INSTALL AND PREPARE BASE COURSE. ‘ 11. PAVE ROADWAYS AND PARKING LOTS. ‘ 12. FERTILIZE, SEED AND MULCH ALL REMAINING DISTURBED AREAS. UPON SITE STABILIZATION, SEEK NCDEQ APPROVAL TO REMOVE ALL TEMPORARY MEASURES. 14. ALL EROSION CONTROL MEASURES SHALL BE MAINTAINED AS OUTLINED IN THE DETAILS WITHIN THE PLANS AND ACCORDING TO THE NCDEQ EROSION CONTROL MANUAL. 15. TERMINATION OF COVERAGE UNDER THE NPDES GENERAL STORMWATER PERMIT FOR CONSTRUCTION ACTIVITIES MUST BE REQUESTED BY THE PERMITTEE VIA A NOTICE OF TERMINATION (NOT). THE NOT IS AVAILABLE AT: HTTPS: //EDOCS.DEQ.NC.GOV/FORMS/NCG01-TERMINATION. PLEASE NOTE THAT THE CLOSE OUT INSPECTION REPORT MUST BE UPLOADED AS PART OF COMPLETING THE NOTICE OF TERMINATION PROCESS. \13. S26'46'49"W 28.54' I N /F DORIS BUNNELLS PB 60, PG 57 DB 6618, PG 493 ©0,0 (\12/ S36'08'04"E 583.96'/ 14 ) / / / / / / / / / EROSION CONTROL NOTES 1. ALL INLET/OUTLET PROTECTION WILL BE CHECKED FOR MAINTENANCE AND FAILURE EACH ACTIVE DAY ON SITE. SEDIMENT WILL BE REMOVED FROM THE SEDIMENT TRAP AND INLET PROTECTION DEVICES WHEN THE STORAGE CAPACITY HAS BEEN APPROXIMATELY 50% FILLED. GRAVEL WILL BE CLEANED OR REPLACED WHEN THE SEDIMENT POOL NO LONGER DRAINS PROPERLY. SEDIMENT WILL BE REMOVED FROM BEHIND THE SEDIMENT FENCE WHEN IT BECOMES ABOUT 0.5' DEEP AT THE FENCE. THE SEDIMENT FENCE WILL BE REPAIRED AS NEEDED TO MAINTAIN A PROPER BARRIER. 2. TEMPORARY EROSION CONTROL FACILITIES AND/OR PERMANENT FACILITIES INTENDED TO CONTROL EROSION OF AND EARTH DISTURBANCE OPERATION SHALL BE INSTALLED BEFORE ANY EARTH DISTURBANCE OPERATIONS TAKE PLACE OR AT THE EARLIEST POSSIBLE POINT DURING CONSTRUCTION. 3. TEMPORARY & PERMANENT EROSION CONTROL MEASURES SHALL BE CONSTRUCTED PER THE DETAILS HEREIN, OR SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN MANUAL. 4. THE CONTRACTOR MUST NOTIFY THE APPROPRIATE NCDEQ OFFICE A MINIMUM OF 48 HOURS PRIOR TO BEGINNING ANY LAND DISTURBING ACTIVITIES. 910-433-3300 5. REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE DEPOSITED ONTO PUBLIC AND PRIVATE PAVEMENT AREAS. REMOVAL SHALL BE ON A DAILY BASIS WHEN TRACKING OCCURS. 6. LOCATE SOIL STOCKPILES NO LESS THAN FIFTY (50) FEET FROM ANY PUBLIC OR PRIVATE ROADWAY OR DRAINAGE CHANNEL. IF REMAINING FOR MORE THAN SEVEN DAYS, STABILIZE THE STOCKPILES BY VEGETATIVE COVER, TARPS, OR OTHER MEANS. CONTROL EROSION FROM ALL STOCKPILES BY PLACING SILT BARRIERS AROUND THE PILES. TEMPORARY STOCKPILES LOCATED ON PAVED SURFACES MUST BE NO LESS THAN FIVE FEET FROM THE DRAINAGE/GUTTER LINE AND SHALL BE COVERED IF LEFT MORE THAN 24 HOURS. 7. MAINTAIN ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES IN PLACE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN STABILIZED. INSPECT TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES ON A DAILY BASIS AND REPLACE DETERIORATED, DAMAGED, OR ROTTED EROSION CONTROL DEVICES IMMEDIATELY. 8. TEMPORARILY OR PERMANENTLY STABILIZE ALL DENUDED AREAS WHICH HAVE BEEN FINISH GRADED, AND ALL DENUDED AREAS IN WHICH GRADING OR SITE BUILDING (\ 15 ) • i 1 (\78 ) (•77 ) (\76 ) J I 1 I I I I I I I I 1 1 I co CONSTRUCTION OPERATIONS ARE NOT ACTIVELY UNDERWAY AGAINST EROSION DUE TO RAIN, WIND AND RUNNING WATER WITHIN 14 DAYS. USE SEEDING AND MULCHING, EROSION CONTROL MATTING, AND/OR SODDING AND STAKING IN GREEN SPACE AREAS AND OTHERWISE APPROPRIATE MEASURES. USE EARLY APPLICATION OF GRAVEL BASE ON AREAS TO BE PAVED. 9. DO NOT REMOVE ANY EROSION AND SEDIMENT CONTROL DEVICES AFTER THE PROTECTED AREA HAS UNDERGONE FINAL STABILIZATION AND PERMANENT VEGETATION HAS BEEN ESTABLISHED, IT IS RECOMMENDED THAT NCDEQ APPROVE THE ACTION PRIOR TO REMOVAL. 10. THE CONSTRUCTION ENTRANCE SHALL BE INSTALLED CONCURRENTLY WITH THE INITIATION OF CONSTRUCTION ACTIVITY. 11. THE INSTALLATION OF EROSION CONTROL MEASURES SHALL TAKE PRECEDENCE OVER ALL OTHER CONSTRUCTION ACTIVITIES. 12. THE PERMITTEE SHALL BE HELD RESPONSIBLE FOR THE ACTIONS AND PERFORMANCE OF ANY OTHER PARTIES PERFORMING WORK ON THIS PROJECT. 13. ALL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CHECKED FOR STABILITY AND OPERATION FOLLOWING EVERY RUNOFF -PRODUCING RAINFALL BUT IN NO CASE LESS THAN ONCE EVERY WEEK. ANY NEEDED REPAIRS WILL BE MADE IMMEDIATELY TO MAINTAIN ALL PRACTICES AS DESIGNED. 14. PURSUANT TO G.S. 113A-57(2), THE ANGLE FOR GRADED SLOPES AND FILLS SHALL BE NO GREATER THAN THE ANGLE THAT CAN BE RETAINED BY VEGETATIVE COVER OR OTHER ADEQUATE EROSION CONTROL DEVICES OR STRUCTURES. IN ANY EVENT, SLOPES LEFT EXPOSED WILL, WITHIN 7 OR 14 CALENDAR DAYS OF COMPLETION OF ANY PHASE OF GRADING, BE PLANTED OR OTHERWISE PROVIDED WITH TEMPORARY OR PERMANENT GROUND COVER, DEVICES OR STRUCTURES SUFFICIENT TO RESTRAIN EROSION. PURSUANT TO G.S. 113A-57(3), PROVISIONS FOR PERMANENT GROUND COVER SUFFICIENT TO RETAIN EROSION MUST BE ACCOMPLISHED FOR ALL DISTURBED AREAS WITHIN 90 CALENDAR DAYS FOLLOWING COMPLETION OF CONSTRUCTION OR DEVELOPMENT. 15. CONTRACTOR IS RESPONSIBLE FOR INSTALLING ALL EROSION CONTROL MEASURES SHOWN AND ANY ADDITIONAL MEASURES REQUIRED TO CONTROL THE SEDIMENT DURING THE COURSE OF CONSTRUCTION. 16. ALL SEEDED AREAS WILL BE FERTILIZED, RESEEDED AS NECESSARY, AND MULCHED ACCORDING TO THE DETAILS HEREIN. 17. THE CONTACT PERSON FOR EROSION CONTROL ISSUES THAT ARISE ON SITE IS MATTHEW ALFONSO. CONTACT 774-487-1626. GROUND STABILIZATION CHART SITE AREA DESCRIPTION STABILIZATION TIME FRAME STABILIZATION TIME FRAME EXCEPTIONS PERIMETER DIKES, SWALES, DITHCES AND SLOPES 7 DAYS NONE HIGH QUALITY WATER (HQW) ZONES 7 DAYS NONE SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10' OR LESS IN LENGTH AND ARE NOT STEEPER THAN 2:1, 14 DAYS ARE ALLOWED SLOPES 3:1 OR FLATTER 14 DAYS 7-DAYS FOR SLOPES GREATER THAN 50 FEET IN LENGTH ALL OTHER AREAS WITH SLOPES FLATTER THAN 4:1 14 DAYS NONE (EXCEPT FOR PERIMETERS AND HQW ZONES) (\98) 1 y 173 ) GLE CALL DRIVE 50' R/W PUBLIC 99 / 100 / Know what's below. Call before you dig. 100 0 GRAPHIC SCALE 50 100 168 / 200 400 ( IN FEET ) 1 inch = 100 ft. THE CONTRACTOR MUST CONTACT NORTH CAROLINA ONE CALL CENTER AT 1-800-632-4949 A MINIMUM OF 72 HOURS PRIOR TO DIGGING IN ORDER TO HAVE THE EXISTING UTILITIES LOCATED civil engineering I land surveying 409 Chicago Drive, Suite 112, Fayetteville, NC 28306 office 1910-426-6777 fax 1910-426-5777 license number I C-2354 wwwAD site solutions.com REVISIONS 0 Z J z z 0 H U cc z 0 U cc 0 u_ 0 w fn w J w cc O z PROJECT NAME MAYFLOWER SUBDIVISION (ZERO LOT LINE) WET POND DRAINAGE AREA CLIENT CAPE COMPANIES NC I, LLC 4601 Hoe Court Fayetteville, North Carolina 28314 Phone: (774) 487-1626 PROJECT INFORMATION DESIGNED BY: CALEB DRAWN BY: CALEB CHECKED BY: SCOTT PROJECT NUMBER: 1837 DRAWING SCALE HORIZONTAL: 1 "=100' DATE RELEASED AUGUST 24, 2022 SHEET NUMBER 0-3.0