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HomeMy WebLinkAbout20221356 Ver 1_ePCN Application_20220930DWR 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: 9/26/2022 BIMS # Assigned* Version#* 20221356 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Colleen Cohn:eads\cmcohn Information for Initial Review la. Name of project: COURTESY COPY Weston Hills Subdivision la. Who is the Primary Contact?* Sean Clark Reviewing Office* Raleigh Regional Office - (919) 791-4200 lb. Primary Contact Email:* lc. Primary Contact Phone:* sclark@sageecological.com (919)559-1537 Date Submitted 9/30/2022 Nearest Body of Water Hannah Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.3912 -78.5259 A. Processing Information County (or Counties) where the project is located: Johnston 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: 18 - Minor Discharges 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: 550-CASH, LLC 2b. Deed book and page no.: DB 5743, DP 596 2c. Contact Person: Shannon Hill 2d. Address Street Address 3334 NC Hwy 42 E Address Line 2 City Clayton Postal /Zip Code 27527 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (919)550-2274 2f. Fax Number: 2g. Email Address: * sclark@sageecological.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Hamlin 4b. Business Name: Sage Ecological Services, Inc. 4c. Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)622-7888 4f. Email Address: * khamlin@sageecological.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Weston Hills Subdivision lc. Nearest municipality / town: Benson 2. Project Identification 2a. Property Identification Number: 154900-17-4756 2b. Property size: 26.02 2c. Project Address Street Address +/- 600ft northeast of the North Honeycutt Street and Helms -Dogwood Road intersection Address Line 2 City State / Province / Region Benson NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Hannah Creek 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011302 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Site consists of a single parcel which contains areas of agriculture and undeveloped, forested land. Agricultural fields primarily occupy most of the Site while small areas of forestland are present along the southern and eastern property boundaries. Vegetative composition of the forested areas includes a combination of pines and hardwood species in the higher stratum, and shrubs, vines, and herbs, occupying the remaining strata. Land use in the vicinity includes suburban residences, agriculture and pastureland, undeveloped land, and land used for timber. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.079 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a residential subdivision to meet the demand for housing in this area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed residential development includes the construction of a mix of single-family residences and townhomes with associated amenities and infrastructure. Access to the site will be provided by two proposed road connections from the existing North Honeycutt Street along the western side of the site. Water and wastewater will be provided by connection to existing lines adjacent to the site. Wet ponds are proposed as stormwater control measures in the southern and eastern portions of the site. Typical equipment used to construct residential developments and utilities will be utilized including backhoes, tractors, excavators, and dump trucks. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: An AJD/PJD has been requested - SAW-2022-02110 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Sean Clark Sage Ecological Services, Inc. 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? N/A 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* 1 SCM #2 P Headwater Forest WB Yes Both 0.079 (acres) 2 Lot Fill P Isolated Wetlands WC Yes DWR 0.095 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.174 2i. Comments: 2g. Total Permanent Wetland Impact 0.174 Total proposed permanent wetland impacts equal 0.079 acre for a Stormwater Control Measure (SCM) (wet pond). Total proposed permanent impacts to non -jurisdictional, isolated wetlands equals 0.095 acre for road fill and lot fill. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: A wetland, stream, and riparian wetland delineation was performed to locate potential jurisdictional areas on the site. Lots were positioned to minimize fill in the isolated wetland. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed permanent wetland impacts are below thresholds for mitigation. There are no proposed stream or riparian buffer impacts. 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 If no, explain why: While the project is within the Neuse River Basin, there are no streams on the site that are subject to riparian buffers. 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. Town of Benson Comments: The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant requests the 401 Certification approval be conditioned to require the stormwater management plan be approved before any impacts may be conducted. G. Supplementary Information L) 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. Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative impact" since the project already in a developed landscape (i.e., existing residences and development in the vicinity) and the area already contains the necessary infrastructure (i.e., sewer, water, electricity, etc.). The project drains to Hannah Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e., not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 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. The project proposes to connect to existing sewerlines adjacent to the site. A proposed sanitary sewer pump station will be located in the southeast corner of the site. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? 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? In the NCNHP database report dated September 7, 2022, there are no threatened or endangered species on or within 1.0 mile of the Site. IPaC lists four T&E species, one Candidate species, and the bald eagle as being potentially present on the Site. No habitat for Neuse River waterdog, Carolina madtom, or yellow lance is present on the site due to the lack of streams. Habitat for the monarch butterfly is present on the site. Suitable foraging habitat for bald eagle is present within 1.0 mile of the site; however, no evidence of bald eagles was present on the site. 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? * NOAA Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper/) The proposed project is within Johnston County which does not support essential fish habitat. 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 Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. Ten historic properties and one historic district were identified within one mile of the Site. These include one Determination of Eligibility (DOE) site, one Study List -gone (SLD) site, eight Surveyed Only (SO) sites, and a portion of a National Register (NR) boundary. All of these properties are located southwest of the site closer to downtown Benson. 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?* FEMA Flood Map Service Center Panel 3720154800K, effective on 06/20/2018 Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document SAW-2022-02110 NWP 18 Request - Weston Hills Subdivision - Johnston County NC - 20220930.pdf 2.82MB File must be PDF or KMZ Comments Attachments: Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — PJD/AJD Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report USFWS IPaC Report SAW-2022-01750 PJD Submittal Receipt email Impact Maps ORM Spreadsheet 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: Kimberly Hamlin Signature !(ut;60. jy a a�Gt Date 9/30/2022 SAGE ECOLOGICAL SERVICES ".2 September 30, 2022 US Army Corps of Engineers Raleigh Regulatory Office Attn: Mr. Chris Hopper 3331 Heritage Trade Dr., Ste. 105 Wake Forest, NC 27587 Re: Weston Hills Subdivision SAW-2022-02110 Request for NWP 18 Sage Project #2022.153 NC Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms. Colleen Cohn 512 N. Salisbury St., Archdale Bldg. 91h Flr Raleigh, NC 27604 On behalf of 550-Cash, LLC (c/o Shannon Hill) (owner and applicant), please find attached a complete application and supplemental information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with the proposed Weston Hills Subdivision (Project) may proceed under Nationwide Permit (NWP) 18. A courtesy copy of this application is being provided to the NC Division of Water Resource (NCDWR) because proposed jurisdictional wetland impacts as well as isolated wetland impacts are below notification thresholds. Project Purpose and Location The purpose of the project is to construct a residential subdivision to meet the demand for housing in this area. The +/-26.02-acre Site (NC PIN: 154900-17-4756) is located +/- 600 ft northeast of the North Honeycutt Street and Helms -Dogwood Road intersection in Benson, Johnston County, NC. The coordinates of 35.3912°N, 78.5259°W generally correspond to the center of the Site. The Site is located in the upper coastal plain region of NC and within the Neuse River Basin. Project Detail The proposed residential development includes the construction of a mix of single-family residences and townhomes with associated amenities and infrastructure. Access to the site will be provided by two proposed road connections from the existing North Honeycutt Street along the western side of the site. Water and wastewater will be provided by connection to existing lines adjacent to the site. Wet ponds are proposed as stormwater control measures in the southern and eastern portions of the site. Typical equipment used to construct residential developments and utilities will be utilized including backhoes, tractors, excavators, and dump trucks. In the NCNHP database report dated September 7, 2022, there are no threatened or endangered species on or within 1.0 mile of the Site. IPaC lists four T&E species, one Candidate species, and the bald eagle as being potentially present on the Site. No habitat for Neuse River waterdog, Carolina madtom, or yellow lance is present on the site due to the lack of streams. Habitat for the monarch butterfly is present on the site. Suitable foraging habitat for bald eagle is present within 1.0 mile of the site; however, no evidence of bald eagles was present on the site. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. Ten historic properties and one historic district were identified within one mile of the Site. These include one Determination of Eligibility (DOE) site, one Study List -gone (SLID) site, eight Surveyed Only (SO) sites, and a portion of a National Register (NR) boundary. All of these properties are located southwest of the site closer to downtown Benson. Weston Hills Subdivision Page 1 of 2 Project History The Site consists of a single parcel which contains areas of agriculture and undeveloped, forested land. Agricultural fields primarily occupy most of the Site while small areas of forestland are present along the southern and eastern property boundaries. Vegetative composition of the forested areas includes a combination of pines and hardwood species in the higher stratum, and shrubs, vines, and herbs, occupying the remaining strata. Land use in the vicinity includes suburban residences, agriculture and pastureland, undeveloped land, and land used for timber. A wetland, stream, and riparian buffer delineation was performed on the Site by Sage Ecological Services, Inc. (Sage) in September 2022. A request for a preliminary jurisdictional determination (PJD)/ approved jurisdictional determination (AJD) was submitted on September 19, 2022. A verification has not been received as of the date of this application. Avoidance and Minimization A wetland, stream, and riparian wetland delineation was performed to locate potential jurisdictional areas on the site. Lots were positioned to minimize fill in the isolated wetland. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff. General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Equipment will be parked and cleaned in uplands away from jurisdictional areas. Work within jurisdictional areas will be conducted during periods when dry weather is predicted, and large bare areas of soil will be reseeded and protected as soon as practicable. Silt fencing and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas. Project Impacts Total proposed permanent jurisdictional wetland impacts equal 0.079 acre for a Stormwater Control Measure (SCM) (wet pond). Total proposed permanent impacts to non jurisdictional, isolated wetlands equals 0.095 acre for road fill and lot fill. No stream or riparian buffer impacts are proposed. Mitigation Permanent wetland impacts are below mitigation thresholds. There are no proposed stream or riparian buffer impacts. If you have any questions, please call me at (919) 622-7888. Respectfully submitted: 4�4M4___' Kim H mlin, PWS Sage Ecological Services, Inc. Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form Figure 1 — USGS Site Vicinity Map Figure 2 — Soil Survey Site Vicinity Map Figure 3 — PJD/AJD Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report USFWS IPaC Report SAW-2022-01750 PJD Submittal Receipt email Impact Maps ORM Spreadsheet a4tcan Clark, PWS Sage Ecological Services, Inc. Weston Hills Subdivision Page 2 of 2 SAGE E, 1.0G CAL SERVICES EST- TiTi❑ AGENT Al1THORIZXFION FORM All Blanks to Be Filled in By the Current Landowner or Legalt Representative Name: Address: 3334 NC Hwv 42 E Clayton, NC 27527 Phone: 919-650-2274 Email: shan&6[ D550cashnow.com Project NarnelDescription: Weston Hills Subdivision Sage Project # 2022.153 Date: 9/1/2022 The Department of the Army NC Division of Water Resources U.S. Army Corps of Engineers, Wilmington District 3800 Barrett Drive P.O. Box 1890 Raleigh, NC 27609 Wilmington, NC 28402 Attn: Attn: Field Office: Regional Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the propertylproperties identified herein, do authorize representatives of the U.S_ Army Corps of Engineers (Corps) and North Carolina Division of Water Resources 4NCDWRy to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Sections 401 and 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc_ from this day forward - This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. BY: Shannon Hill Print Name of Landowner or Signature of Landowner or Legal Representative Legal Representative PLEASE NOTE: NO SURFACE WATERS ARE DEPICTED ON THE USGS TOPO MAP A!S (7A Project Study Area Map Location USGS Topographic Map Figure 1 A*WAYNE Weston Hills Subdivision Sage Project # 2022.153 N USGS Topo MapServer, 2022 Benson, NC Quadrangle Prepared by: P. Beach September 1, 2022 1 inch = 1,000 feet Sage Ecological Services, Inc. 0 1,000 2,000 Office:919-335-6757 Feet Cell: 919-559-1537 PLEASE NOTE: UUM THE SURFACE WATERS DEPICTED ON THE NRCS SOILS MAP x_ APPEAR TO BE LOCATED OFF -SITE." - a Ge B 1 � t job GeD�s Y Gob 5 W n GoA Feature B - F � (Off -site) �4 FaA Feature A (Off -site) S 4 Ly d T. NoS Ile It -0 Jr 0 Ge.? i Nf)H GeH fil Project Study Area - Map Location NRCS Soils Map Figure 2 NASH Weston Hills Subdivision _ Sage Project # 2022.153 WAKE WILSON N Johnston County, NC Soil Survey 1994 Sheet # 9 JOHNSTON Prepared by: P. Beach HARNETT a WAYNE September 1, 2022 1 inch = 1,000 feet Sage Ecological Services, Inc. 0 1,000 2,000 Office: 919-335-6757 Feet Cell: 919-559-1537 PLEASE NOTE: Areas located outside of Determination Area are Jurisdictional Determination. Features depicted herein USACE and /or NCDWR, or being valid. Location, shape on the evaluated site are surveyed by a licensed NC s the Approved Jurisdictional subject to a Preliminary must be approved by the its delegated authority before and size of depicted features approximate and should be urveyor for final site planning. Ma • Location Isolated Isola Waters of the AJD / PJD Wetland Sketch Map Weston Hills Subdivision Sage Project # 2022.153 0 Prepared by: P. Beach September 7, 2022 1 inch = 200 feet 175 350 Feet vor Data Point 1 CEtbRilia 13151) Jurisdictional Waters 0.079-ac Project Study Area VVetland - Potentially Jurisdictional Waters of the US VVetland - Potentially Isolated Waters of the State Approved Jurisdictional Determination Area Contours USACE Data Point Location ECOLOGICAL SERVICES EST. 2016 Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Data Source: NC SHPO GIS Data http://ncdcr.gov Fta�;roOU Ra � G { tom-. � 6 y Jg� rf 9110 a, ,rl $4 4 1L Dogeyc Rcf - ���tergaOrlFr Ci u rye Li r y V rs R ti N Y 1 i � OodM1'�o fL 04k Park Dr i r C ar°5Yo DT V. CL - �Or � � Mslrq O 4 °$wood Itd 4 a iaee Rey a� Jnad1 � A)Iei 2 Holmes street Huse p S r y` JT0592 r s, coa'h yds CF °i�c _,E 13t3nch St S Benson Hi—rro of t House JT0593 $. 'JT0473 (former)Primidi BZPXst Church _ Ed Ba rbe.r House /JT0116 yyy JTOd]9 _ Benson Cemetery Wall , Jam es RaynorHouse� ),T![� /JT1311 / JT05d9 (t' r L � L ff�0f11� ({�1C MOr JT0511s-Sc,Et House �1 Ho�Eon F gdn Ra Cn Sr y JT0529 -^J' '� L� o` �" t- ' Benson-Honey?uX J d�7 �uJT0582 e , e 5 rrscy. ("az �O Project Study Area O� y 1-Mile Project Buffer F 00 eo�k National Register Boundary L h "Sr y a0� ♦ Determination of Eligibility 0 m° Surveyed Only w i Study List - Gone Map Location NC SHPO Map Figure 4 A*WAYNE Weston Hills Subdivision Sage Project # 2022.153 C11 N Prepared by: P. Beach September 1, 2022 1 inch = 1,600 feet Sage Ecological Services, Inc. 0 0.25 0.5 Office:919-335-6757 Miles Cell: 919-559-1537 Ray Cooper, Governor ■aEi NC DEPARTMENT OF ■su■A NATURAL AND CULTURAL RESOURCES ■ son September 1, 2022 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Weston Hills Subdivision; 2022.153 Dear Sean Clark: D Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Prggram NCN H D E-19220 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: httgs://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL ANo CULTURAL RESOURCES t) 121 W JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 DFC 919.707.9120 • FAX 919.707.9121 ( » _ \ M \ En 2 & 3 a @ > / \ / / / 0 e 3 2 r e e e z m \ > z>1 \ ° \% / _° u0% 7 0 4-% /E E / @ @@ \ 0 0 ja \ \ 4-§) t 3 2 2 g ƒ @ , , $2 \ cc §} k } } } 2u ® z \ \ 3 4 0 §° u 0 »/ 4 0 E o 0 0 0 0 0 &\ e c u G e e e 3/ \ \ u / \ / / y § / / / 3 / 0 0 0 E \ - I \ \ c \ < \ r ƒ u _ 0 C'&\\o O ° /\\f\ c » /\ (0@a�p �LLJ 0 0 g cn 27 ro ro0 0 �[ \ƒfEI ° ° ± E22%� < $ / \ 7 m ` c / \ \ 4- // t 0 9 u I @ cm q / / kcm \ I I u c c c ''� o e o 0 0 0 _ 3 2 0 \ / E 2 2 cm / \ \ 0 \ \ ƒ ƒ ƒ \ \ § 0 z E @ \ \ \ \ \ \ u 5 ± 2 % c c c } \\/ \E \ 0 // : U U \ k \\ 0 / § » c Sf \ 0 E - �` [ § \ � / § 3 s o Q a_ O § /[ / z E ro cm } ® ) \ 2 E \ E \ ,u �� ,5° e of ro � \ )� % \'§ k 0\ E 0 n u u 3 e @2U 0 in / /@ / 0 Ln �� : \� \ \ E u°\ // \§ / / [ O O c m \ \ / , 5 § U)zc e e 0 cc 0 0 %[ c/ 0 ® \ > \ \ \ \ \ \ o \EE % _ \ \ ©E © ° ® 0 § 0 / :3 \ t \ ///\/\ * * * .{ � § \ \ § § ƒ 3 @ e O O > z > > / / / / § \ k 2 E 0 .¥ ./ �55 � 2 Cl) $ I E 0 $ $ � � CN C\j CD W ❑ I Z U Z IPaC U.S. Fish & Wildlife Service WaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project - specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Johnston County, North Carolina J t Local office Raleigh Ecological Servicesr o (919) 856-4520- l( JEJ (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official speci list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species! and their critical habitats are managed by the Eco o ical Services Program of the U. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 14 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the Listing status pag-e for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Birds Ift NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered Wherever found N,o critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. baps://ecos.fws.goy/e_cpLs peci es/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/speci es/528 Clams NAME Yellow Lance Elliptio lanceolata Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/speci es/4511 Insects NAME Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https7//ecos.fws.gov/ecp/species/9743 Critical habitats Endangered STATUS Threatened STATUS Candidate Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. Migratory birds ---- 0� Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plat 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 Migr;itnry Birds Treaty Act of 1918. he Bald and Golden Eagle Protection Act of 1940. Addi nal information can be found using the following links: Birds of Conservation Concern https://www.fws.gQv//program/mi ratory-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.p Idf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ belo . 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 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to inte ret 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. 40� -V 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 inweek 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. To see a bar's probability dF presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC BCC BCR Brown -headed Nuthatch ---- ---- ''11 _ -- OF ---- i1�i - - - - - - - - - - - - - - - - A- Chimney Swift — — — — — — — — — — — — BCC Rangewide (CON) IIII IIII IIII IIII I--- ---- ---- ---- ---- Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur 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 Bap Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location# �vq4\4 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 N k on the "Tell me about these graphs" link. 1 How do I know if a bird is breeding, wintering or migrating in my area? N\e 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 queryyour location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following di ct 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 iagle Act requirements (for eagles) or (4 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 list7especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotae studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources Sy em (CBRS) maybe subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. There are no known coastal barriers at this location. Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions her - httos://www.fws.gov/service/coastal-barrier-resources-system- pLQ" y-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CB��fws.eov. Facilities �i0� National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventoi Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local Army CC rps of Engineers District. This location did not intersect any wetlands mapped by NWI. NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in fferent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. 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