HomeMy WebLinkAbout20221386 Ver 1_ePCN Application_20221005DWR
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:
7/13/2022
BIMS # Assigned* Version#*
20221386 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:
Lumberton Industrial Park
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
kim.williams@davey.com (910)452-0001
Date Submitted
10/5/2022
Nearest Body of Water
Jacob Swamp
Basin
Lumber
Water Classification
C; Sw
Site Coordinates
Latitude: Longitude:
34.597314 79.101791
A. Processing Information
County (or Counties) where the project is located:
Robeson
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: 14 - Linear transportation
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:
Various (see attached)
2b. Deed book and page no.:
2c. Contact Person:
Various (see attached)
2d. Address
Street Address
Various (see attached)
Address Line 2
City
Various (see attached)
Postal /Zip Code
Various (see attached)
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No
2e. Telephone Number:
(919)671-3851
2f. Fax Number:
2g. Email Address: *
rarmstrong@ci.lumberton.nc.us
3. Applicant Information (if different from owner)
3a. Name:
Robert Armstrong Jr.
3b. Business Name:
City of Lumberton
3c. Address
Street Address
215 S. Cedar Street
Address Line 2
City
Lumberton
Postal / Zip Code
28359
3d. Telephone Number:
(919)671-3851
3f. Email Address: *
rarmstrong@ci.lumberton.nc.us
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
(910)452-0001
4f. Email Address: *
kim.williams@davey.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
(910)452-0060
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Lumberton
2. Project Identification
2a. Property Identification Number:
See attached
2b. Property size:
Entire park: - 219 ac
2c. Project Address
Street Address
Emery Road
Address Line 2
City State / Province / Region
Lumberton NC
Postal / Zip Code Country
28358 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Jacob Swamp
3b. Water Resources Classification of nearest receiving water: *
C; Sw
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402031002
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 is a mix of fields and forested areas. Jacob Swamp (perennial stream) runs through the middle of the site. Several wetland pockets are scattered in the northern and southwestern
portion of the tract. Much of the site is fields or cleared. Forested areas exist in the center, southern and northern portions of the site. These areas support mostly hardwoods. Emery Road
runs east -west through the site. The site is surrounded by roads: Hwy 74 Alt to the northeast, 1-95 to the northwest, and Hwy 74 to the south. Beyond that, adjacent land use is mostly
fields and forested areas.
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:
8 ac
4g. List the total estimated linear feet of all existing streams on the property:
2770 LF
4h. Explain the purpose of the proposed project: *
The purpose of this project is to construct an industrial park within the site. Phase 1 includes the construction of the Elkay plumbing distribution warehouse and access roads to this
warehouse. Wetland, stream, and jurisdictional ditch impacts are needed for this access.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project consists of the construction of roads that will provide access to the Elkay plumbing distribution warehouse. The roads and warehouse are phase 1 of the Lumberton Industrial
Park. Although the industrial park will be constructed in phases, no additional wetland or stream impacts are anticipated in future phases.
Construction Sequencing: Sedimentation and erosion control measures will first be installed. Then the limits of disturbance will be cleared of vegetation. Accessways and utilities will be
installed. The road will cross a non -stream waters of the US and a perennial stream. Culverts will be used at both crossings to maintain hydrologic flow. A 36" culvert will be used at the
non -stream crossing and a 48" culvert will be used at the stream crossing. This culvert will be buried 0.8' per DWR and USACE requirements. Rip rap will be placed at the downstream end
of both crossings. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
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-2021-01816 & SAW-2021-01814
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Farley
Davey Resource Group
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher with the USAGE issued delineation concurrence emails for the sites on 11/4/21.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Phase 1 consists of road infrastructure and a plumbing distribution warehouse. Attached is a schematic site plan of all phases. No additional wetland or waters of the US impacts are
anticipated in future phases. If they are later determined to be needed, they will be looked at cumulatively to impacts proposed in this PCN.
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
U
2a. Site #* (')
2a1 Reason (?)
2b. Impact type* (')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Road Crossing
P
Hardwood Flat
W1
Yes
Both
0.035
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.035
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.035
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road Widening
Permanent
Culvert
Jacob Swamp
Perennial
Both
10
Average (feet)
45
(linear feet)
S2
Road Widening
Permanent
Culvert
Jacob Swamp
Perennial
Both
10
Average (feet)
30
(linear feet)
S3
Culvert Replacement
Temporary
Culvert
Jacob Swamp
Perennial
Both
10
Average (feet)
38
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
75
3i. Total stream and ditch impacts:
113
3i. Total temporary stream impacts:
38
3j. Comments:
This road crossing is a widening of an existing crossing. Impact S3 is the replacement of the existing 38 LF road/culvert. Impacts Si and S2 are for the
widening of the road/culvert.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Road Crossing and
Grading
P
N/A
Culverts
Ditch
0.03
OW2
Road Crossing
P
N/A
Culverts
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
0.04
4g. Total open water impacts:
0.04
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Two access points to the proposed warehouse are needed for safety. The stream channel spans the length of the site and could not be avoided while
still accessing uplands within the site. The crossing has been positioned at the existing crossing to minimize impacts. The other road crossing was
positioned to minimize impacts to wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sedimentation and erosion control permit will be obtained prior to site 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:
Wetland impacts are less than 0.1 acre and stream impacts are less than 0.02 acre.
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:
Site is located within the Lumber River Basin.
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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
Per the DEQ Stormwater website, a State Stormwater Permit is not required for this area. Additionally, Robeson County does not require a stormwater permit. Note that the project
engineer has designed stormwater retention for the warehouse project.
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
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
Some City and State funds were used for this project. An EA was not required.
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)7 *
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.
The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the site. A sedimentation and erosion
control permit will be obtained prior to site construction to limit impacts to downstream waters.
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.
Site will tie into municipal wastewater treatment system.
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?
The NC Natural Heritage Program database was used to determine the known presence of rare species. No federally listed species are known to occur
on or within a one mile radius of the site. The
USFWS IPaC database was also reviewed. Most of the site consists of upland fields or recently cleared areas. Some forested areas exist in the center
and northern parts of the site. Forested areas support hardwoods and do not provide suitable habitat for the red -cockaded woodpecker. Additionally,
according to the USFWS, the northern long-eared bat is not known to occur in Robeson County. The site does not appear to provide suitable habitat for
any other federally protected species known to occur in the area.
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 EFH Mapper
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 mapping resource was used to determine the known presence of cultural or historic resources.
No cultural or historic resources are identified on or near the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
The project engineer will follow all local floodplain requirements.
Sc. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website
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
Lumberton Industrial Attachments 10-5-22.pdf 9.2MB
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:
Kim Williams
Signature
9Lidarwond
Date
10/5/2022
DAVEY®
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
October 5, 2022
NC Division of Water Resources
225 Green Street, Suite 714
Fayetteville, NC 28301-5095
RE: Lumberton Industrial Park; Robeson County, NC
NWP 14 Application
Action ID# SAW-2021-01816 & SAW-2021-01814
To Whom It May Concern:
On behalf of the City of Lumberton, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for the Lumberton Industrial Park located off Emery
Road in Lumberton, NC. The purpose of the project is to construct an industrial park within the site.
Phase 1 includes the construction of the Elkay plumbing distribution warehouse and access roads to
this warehouse.
The project proposes to permanently impact 0.035 acre of wetlands, 75 LF (0.017 ac) of stream, and
0.04 acre of jurisdictional ditches for site access. Additionally, 38 LF (0.009 ac) of temporary stream
impacts are needed to remove and replace a culvert.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
LUMBERTON INDUSTRIAL PARK
Robeson County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 PROPERTY OWNERS & PARCEL IDS
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
4.0 SITE PLAN DRAWINGS
WT 1.0. Phase 1 Impact Drawing
WT 1.1. Plan View of Open Water Ditches & Wetlands
WT 1.2. Open Water & Wetland Impact Detail Plan View (Elkay Way)
WT 1.3. Elkay Way Cross Section
WT 1.4. Elkay Way Crossing Drainage Profile
WT 1.5. Stream Impact Detail Plan View (Emery Road)
WT 1.6. Emery Road Cross Section
WT 1.7. Emery Road Crossing Drainage Profile
1.8. Conceptual Site Plan for Industrial Park
5.0 DELINEATION CONCURRENCE EMAILS & WETLAND MAPS
6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
1.0 AGENT AUTHORIZATION FORM
DAVEY
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for I-74 / I-95 Industrial Park located in Robeson County, NC. All questions regarding this
project should be directed to Davey Resource Group.
Sincerely,
W7)414
Applicant
Robert P. Armstrong, Jr.
Print Name
10/3/22
Date
Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403
2.0 PROPERTY OWNERS & PARCEL IDS
LUMBERTON INDUSTRIAL PARK
List of Property Owners and Parcel IDs
City of Lumberton
937008088200; 936098893300; 937016289200; 937017810400; 937015728800
RL Currie Family Properties
936097559800
Marylyn Linkhaw Britt
936093178100
State of NC
936088002300
Deborah Powers
936087261480
Hinton McCall King
936096405400
Mary Elizabeth Tubbs
937017281000
Lelia Thompson, Peggy Jones, & Barbara Bullock
937048313050
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
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WT 1.0. Phase 1 Impact Drawing
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WT 1.3. Elkay Way Cross Section
WT 1.4. Elkay Way Crossing Drainage Profile
WT 1.5. Stream Impact Detail Plan View (Emery Road)
WT 1.6. Emery Road Cross Section
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1.8. Conceptual Site Plan for Industrial Park
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5.0
DELINEATION CONCURRENCE EMAILS FROM USACE &
WETLAND MAPS
11/4/21, 3:36 PM The Davey Tree Expert Company Mail - Wetland Delineation Concurrence statement for SAW-2021-01816 (Emery Road Tract) in ...
DAVEY.
Williams, Kimberlee <kwilliams@Imgroup.net>
Wetland Delineation Concurrence statement for SAW-2021-01816 (Emery Road
Tract) in Robeson County, NC
1 message
Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
To: "Williams, Kimberlee" <kwilliams@Imgroup.net>
Cc: Paul Farley <pfarley@Imgroup.net>
ALCON,
Thu, Nov 4, 2021 at 2:55 PM
Reference is made to ORM ID SAW-2021-01816, please reference this number on any correspondence regarding this
action located on Emery Road, Black Swamp, Robeson County, NC.
We received information from you requesting the Wilmington District, Regulatory Division review and concur with the
boundaries of an aquatic resource delineation.
A site visit was conducted with Paul Farley (LMG) on August 17, 2021. We have reviewed the information provided by
you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation
has been verified by the Corps to be sufficiently accurate and reliable for permitting actions and the determination of
compensatory mitigation requirements. The boundaries of these aquatic resources are shown on the delineation map
labeled Emery Road Tract Section 401/404 Delineation Preliminary Sketch.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.org/utils/getfile/collection/p16021 co119/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
2 attachments
SAW-2021-01816 vicinity map.pdf
https://mail.google.com/mail/u/0/?ik=5f499cdla 1 &view=pt&search=all&permthid=thread-f%3A1715525125530914618%7Cmsg-f%3A1715525125530... 1/2
11/4/21, 3:36 PM The Davey Tree Expert Company Mail - Wetland Delineation Concurrence statement for SAW-2021-01816 (Emery Road Tract) in ...
260K
•
SAW-2021-01816 wetland map.pdf
829K
https://mail.google.com/mail/u/0/?ik=5f499cdla 1 &view=pt&search=all&permthid=thread-f%3A1715525125530914618%7Cmsg-f%3A1715525125530... 2/2
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11/4/21, 3:38 PM The Davey Tree Expert Company Mail - Wetland Delineation Concurrence statement for SAW-2021-01814 (Lumberton Industrial ...
DAVEY.
Williams, Kimberlee <kwilliams@Imgroup.net>
Wetland Delineation Concurrence statement for SAW-2021-01814 (Lumberton
Industrial Park) in Robeson County, NC
1 message
Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
To: "Williams, Kimberlee" <kwilliams@Imgroup.net>
Cc: Paul Farley <pfarley@Imgroup.net>
ALCON,
Thu, Nov 4, 2021 at 3:35 PM
Reference is made to ORM ID SAW-2021-01814, please reference this number on any correspondence regarding this
action located on Andrew Jackson Highway & Clover Road, Robeson County, NC.
We received information from you requesting the Wilmington District, Regulatory Division review and concur with the
boundaries of an aquatic resource delineation.
A site visit was conducted with Paul Farley (LMG) on August 17, 2021. We have reviewed the information provided by
you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation
has been verified by the Corps to be sufficiently accurate and reliable for permitting actions and the determination of
compensatory mitigation requirements. The boundaries of these aquatic resources are shown on the delineation map
labeled Lumberton Industrial Park 401/404 Delineation Preliminary Sketch.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.org/utils/getfile/collection/p16021 co119/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
2 attachments
SAW-2021-01814 vicinity map.pdf
https://mail.google.com/mail/u/0/?ik=5f499cdla 1 &view=pt&search=all&permthid=thread-f%3A1715527648121560014%7Cmsg-f%3A1715527648121 ... 1/2
11 /4/21, 3:38 PM
337K
The Davey Tree Expert Company Mail - Wetland Delineation Concurrence statement for SAW-2021-01814 (Lumberton Industrial ...
•
SAW-2021-01814 wetland delineation.pdf
1045K
https://mail.google.com/mail/u/0/?ik=5f499cdla 1 &view=pt&search=all&permthid=thread-f%3A1715527648121560014%7Cmsg-f%3A1715527648121 ... 2/2
Section 401/404
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6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
PM
MIL. NC DEPARTMENT OF
"i ■
ammo. NATURAL AND CULTURAL RESOURCES
■i •••
August 19, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Lumberton Infrastructure
Dear Kim Williams:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19078
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@a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET, RALEIGH_ r'C 2760.3 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 276-39
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IPaC
IPaC resource list
U.S. Fish & Wildlife Service
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 fr-NCe&
Robeson County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. (919) 856-4520
la (919) 856-4556
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
ci`
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 species 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 Ecological Services Program of the
U.S. 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.
1. Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the
listing status page for more information. IPaC only shows species that are
regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is
an office of the National Oceanic and Atmospheric Administration within the
Department of Commerce.
The following species are potentially affected by activities in this location:
Birds
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered ‘0\444
\A•1\11.1°
Wood Stork Mycteria americana C) Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/$477�
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Insects
SAT
NAME STATUS
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
Candidate
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
There are no critical habitats at this location.
\\°*6°S\C$1
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
and the Bald and Golden Eagle Protection Act'-.
Any person or organization who plans or conducts activities that may result in
impacts to migratory birds, eagles, and their habitats should follow appropriate
regulations and consider implementing appropriate conservation measures, as
described below.
1, The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-
birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/l ibrary/col Iections/avoid i ng-and-mini mizi ng-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/defau It/files/documents/nationwide-standard-
conservation-measures.pdf
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.
*AONAME i BREEDING SEASON
Brown -headed Nuthatch Sitta pusilla'
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Breeds Mar 1 to Jul 15
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug
r This is a Bird of Conservation Concern (BCC) throughout 25
its range in the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures
or permits may be advisable depending on the type of activity you are conducting and the type
of infrastructure or bird species present on your project site.
What does IPaC use to generate the 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 Rapid Avian Information
Locator (RAIL) Tool. \ '
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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 or migrating in my 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 query your 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 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 individualle
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.
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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 System (CBRS) may be
subject t❑ 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. r''`
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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 here:
https://www.fws.gov/service/coastal-barrier-resources-system-property-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 CBRA@fws.gov.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system
must undergo a 'Compatibility Determination' conducted by the Refuge. Please
contact the individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
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There are no fish hatcheries at this location. \iel•
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Wetlands in the National Wetlands
Inventory ( .WI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 ❑f the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers ❑istrict.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is
unavailable, or for very large projects that intersect many wetland areas. Try again,
or visit the NWI map to view wetlands at this location.
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%
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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
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Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory. There is no attempt, in
either the design or products of this inventory, to define the limits of proprietary jurisdiction of
any Federal, state, or local government or to establish the geographical scope of the regulatory
programs of government agencies. Persons intending to engage in activities involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.