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HomeMy WebLinkAbout20221413 Ver 1_ePCN Application_20221010DWR 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: 7/1/2022 BIMS # Assigned* Version#* 20221413 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 Dianne Street Apartments la. Who is the Primary Contact?* Sean Clark Reviewing Office* Raleigh Regional Office - (919) 791-4200 1 b. Primary Contact Email:* lc. Primary Contact Phone:* sclark@sageecological.com (919)559-1537 Date Submitted 10/10/2022 Nearest Body of Water Roberson Creek Basin Cape Fear Water Classification WS-IV; NSW Site Coordinates Latitude: Longitude: 35.7145 -79.1807 A. Processing Information County (or Counties) where the project is located: Chatham Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Gavindan Properties, LLC 2b. Deed book and page no.: 2221/0635 2c. Contact Person: Dan Morse 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address PO Box 1117 Address Line 2 City State / Province / Region Holly Springs NC Postal /Zip Code Country 27540 USA Yes No Yes No 2e. Telephone Number: (919)800-9951 2f. Fax Number: 2g. Email Address: * dan@tripleahomes.org 4. Agent/Consultant (if applicable) 4a. Name: Sean Clark 4b. Business Name: Sage Ecological Services, Inc. 4c. Address Street Address 3707 Swift Creek Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)559-1537 4f. Email Address: * sclark@sageecological.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Dianne Street Apartments lc. Nearest municipality / town: Pittsboro 2. Project Identification 2a. Property Identification Number: 67004 & 70100 2c. Project Address Street Address 88 Diane Street Address Line 2 City Pittsboro Postal / Zip Code 27312 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Roberson Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020703 4. Project Description and History 2b. Property size: 9.21 ac State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The Site contains land maintained in pasture with wooded areas located along the periphery and along the drainages. An old equestrian ring exists in the SE corner. Within the forested areas, mixed hardwoods generally dominate with occasional pine species. The topography of the Site ranges from a low point of +/- 346 feet above mean sea level (msl) in the NE corner of the Site along Roberson Creek, to a high point of +/- 374 feet msl along the southern property line adjacent to Diane Street. 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: 0.076 4g. List the total estimated linear feet of all existing streams on the property: 1270 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct residences and associated infrastructure to meet the demand for multi -family housing in Pittsboro/Chatham County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The purpose of the project is to construct an apartment complex with necessary parking and stormwater devices. Stream SB bisects the property, however the only permanent stream impacts proposed are to upgrade the existing RCP pipe under Dianne Street. A portion of Wetland WB will also incur some impact with the proposed pipe upgrade and extension. Additionally, a sewer connection is required to the existing sanitary sewer line and manhole, resulting in riparian buffer impact. Please note, the buffer impacts will be authorized by Pittsboro. Streams are not crossed multiple times by roads. The remaining jurisdictional resources on the Site are avoided. Utilities for the proposed project will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential construction (e.g. backhoes, bulldozers, etc.) will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes 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-2021-01276 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: David Gainey Sage Ecological Services, Inc. Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR SAW-2021-01276, dated 08/04/2021 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* Impact Area 1 Pipe Extension P Bottomland Hardwood Forest WB Yes Both 0.005 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.005 2i. Comments: 2g. Total Permanent Wetland Impact 0.005 Of the 0.076 acres of wetland on the Site, only 234 square feet (0.005 ac) are proposed to be permanently impacted due to the need to upgrade/widen the existing Dianne Street as part of the project. The permanent impacts will result from the need for a countersunk, rip rap dissipator pad at the outlet of the new pipe extension to ensure long term stability and to protect downstream water quality. 3. Stream Impacts 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 Impact #1 Pipe Extension Permanent Rip Rap Fill SB Perennial Both 7 Average (feet) 40 (linear feet) S2 Impact #1 Riprap pad Permanent Culvert SB Perennial Both 7 Average (feet) 18 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 58 3i. Total stream and ditch impacts: 58 3i. Total temporary stream impacts: 0 3j. Comments: There is an existing RCP under Dianne Street which this project proposes to extend to accommodate the upgrades and widening of the existing roadway, required by the municipality. The culvert extension will result in 18 LF (134 SF) of permanent impacts. The proposed riprap dissipator pad will result in 40 LF (262 SF) of permanent, no loss stream impact. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact #1 - Road widening P SB No 3,924 2,134 Impact #2 - Utility crossing T SA No 0 270 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 3,924.00 Zone 2 270.00 Zone 2 2,134.00 Zone 1 Zone 2 3,924.00 2,404.00 The proposed sanitary sewer line connection impacts are to Zone 2 only, disturb less than 40-feet of riparian buffer with a maintenance corridor greater than 10-feet in width; therefore, the proposed impacts to Zone 2 are "allowable". The proposed road crossings are less than 150-linear feet in stream length and are perpendicular to the channel; therefore, the proposed impacts are "Allowable" per 15A NCAC 02B .0267, Jordan Water Supply Nutrient Strategy, Table of Uses. Please note a Letter of No Practical Alternatives and a Request for Riparian Buffer Authorization has also been submitted to the Town of Pittsboro, Chatham County. 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: Proposed road crossings are aligned to cross channels as perpendicularly as possible. Streams are not crossed multiple times by roads. Stormwater outfalls were designed to minimize impacts to riparian areas, to the maximum extent practical. 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. 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: All the proposed impacts are well below mitigation thresholds. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30% nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 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: The stormwater management plan will be reviewed and approved by the locally delegated authority. The applicant will be compliant with the conditions of General Certification 4256. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. 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, interstate and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to the Roberson Creek, which is Water Supply -IV; Nutrient Sensitive Waters (WSV-IV; 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 proposed development intends to connect to existing sanitary sewer lines adjacent to 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? On May 12, 2021, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E species are documented on the Site or within 1.0-mile of the Site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The proposed project is in Chatham County which is not near any coastal or tidal habitat which would support EFH (i.e., salt marshes, oyster reefs, etc.). 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. One -hundred and thirty-six records are listed within 1-mile of the Site. Notable records include the Pittsboro Historic District (CH0704) and several properties listed on the National Register, including the A.P. Terry House (CH0112), Henry Adolphus London House (CH0079), and Sheriff Stephen Wiley Brewer Farmstead (CH0537). One Surveyed Only (SO) property identified as House (CH0017) is listed at 223 Dianne St Pittsboro. The location is +/- 100-feet west of the Site property boundary. Additionally, two SO properties and one Surveyed Only — Gone (SD) property are listed within %-mile of the Site. 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 online database: panel 3710974100K, dated 11/17/2017; note the sewer line connection will be withing the FEMA designated floodplain, but the pipe extension and the development itself is outside this area. 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 Dianne Street Apartments PCN Supplemental Attachments; Sage Project No. 2021.052.pdf 17.65MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Nicole J. Thomson Signature 11,4 J. g@ILfa Date 10/10/2022 SAGE ECOLOGICAL SERVICES E5 .21116 October 10, 2022 US Army Corps of Engineers Raleigh Regulatory Office Attn: Mr. James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Dianne Street Apartments Request for NWP 29 Authorization SAW-2021-01276 Sage Project #2021.052 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 Gavindan Properties, LLC (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 development of the Dianne Street Apartments (Project) may proceed under Nationwide Permit (NWP) 29). Project Purpose and Location The Project includes the construction of residential apartments. The +/-9.12-acre tract is located approximately +/- 350-feet NW of the intersection of Diane Street and US-15 (Sanford Road) in Pittsboro, Chatham County NC. The coordinates of 35.7145°N, 79.1807°W generally correspond to the center of the Site. Project Detail The proposed Project consists of the construction of a residential development with associated utilities and roads. Municipal sewer and water are available to the Site. Access to the Site will be provided via Diane Street to the south. Heavy equipment typically used for utility installation projects (e.g., backhoes, bulldozers, etc.) will be utilized. No federally threatened or endangered species are listed to occur on the Site according to the NC Natural Heritage Program (NCNHP) Database, (see attached report dated May 12, 2021). The Site itself is not listed as a historic property. One -hundred and thirty-six records are listed within 1-mile of the Site. Project History The Site contains land maintained in pasture with wooded areas located along the periphery and along the drainages. An old equestrian ring exists in the SE corner. Mixed hardwoods generally dominate the Site with an occasional pine species. Roberson Creek (Stream SA) forms the northern property boundary of the Site and a UT (Stream SB) originates at an existing culvert under Diane Street and flows north through the middle of the property to its confluence with Roberson Creek. There are two riparian wetlands (WA and WB) on the Site as well. The USACE issued a PJD (SAW 2021-01276) previously. Avoidance and Minimization This project has been designed to meet purpose and need while avoiding and minimizing impacts to onsite natural resources to the greatest extent practicable. There are 0.076 acres of onsite wetlands, of which only 0.005 acres are proposed to be permanently impacted. There are 1,270 linear feet of stream onsite, and only 58 Dianne Street Apartments Page 1 of 2 linear feet are proposed to be permanently impacted; of the 58 linear feet, only 18 linear feet are associated with a culvert. The remaining 40 linear feet of impact is associated with a countersunk rip rap dissipator pad (i.e. permanent impact but no permanent loss). Only 3,924 square feet of Zone 1 buffers are proposed to be permanently impacted by the project, and 2,134 square feet of Zone 2 buffers are proposed to be permanently impacted by the project. An additional 270 square feet of buffer impact is proposed for a sewer line connection. Riparian Buffer Impact Authorization will be secured through the City of Pittsboro. Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts, while silt fencing will be installed to provide additional protection from runoff. Project Impacts Impact 1 is a proposed pipe extension and will result in 0.005 acre of permanent wetland impact and 58 linear feet of permanent stream impact (18 linear feet of permanent loss impact and 40 linear feet of permanent, no loss impact). Permanent riparian buffer impacts total 3,924 sf in Zone 1 and 2,134 sf in Zone 2 for the proposed road widening. An offsite sanitary sewer crossing through an existing sewer easement will result in an additional 270 square feet of impact to Zone 2 of the riparian buffer. Riparian Buffer Impact Authorization will be secured through the City of Pittsboro. Mitigation Permanent wetland impacts total 0.005 acre which are below mitigation thresholds. Permanent stream impacts total 58 linear feet of which, only 18 feet is considered permanent loss, which is below mitigation thresholds. Riparian buffer impacts are below mitigation thresholds. If you have any questions, please call me at (919) 559-1537. Respectfully submitted: can Clark a4t 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 — Diane Stream and Wetland Sketch Map Figure 4 — NCSHPO Map NCNHP Database Report USACE SAW-2021-01276 PJD Tearsheet 30-day Pre -filing notice Impact Maps Nicole J..Thomson, PWS Sage Ecological Services, Inc. Dianne Street Apartments Page 2 of 2 E � rI-,.A4 Est AGENT AUTHORIZATION FORM All B�flanks to Be Filled in BY the Current Landowner or Le al Re resentative Name: Address: IV e- 2? Phone: / `� (5pp 6 Email: %9ia," C -J-?t r a c_.: C r�vw ai S f� Rir Project Name/Description: Diane Street Pro ert Sage Project # 2021.052 Date: I Z / The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 29402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: 1, the undersigned, the owner or a duly authorized representative of record of the property/properties identified herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section I0 of the Rivers and Harbors Act of 1899. I 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 nt t Sage to ange a meeting prior to vis'ting the site. BY: j { (Y. {t_sC t BY: Print Name of Landowner or Signature of Landowner or Legal Representative Legal Representative F� H 'ey `o I.•� a HOC C ENAHAN 15 7..486V3- -•yV / E 7 U�? —=z _ NET 14 V V 'J O o LL - N N N CU 5 o m o O aR) m a)o c- * 0 a N O N -�5 U co N z O O V a O cc 9 m CD - WCpr, c�E k RY' I ORES? z C� OQCj N N R o w O � C O R U O J � of i jthe depictedAll Features must be confirmed by NOTE: Location, shape and size of on • of •• • •USACE. i % '''i ''�the site are approximate and should be surveyed by a licensed NC surveyor for final site planning- Vt -- _- 7-1 lr ♦ �� I I � / j 1. �,W i. Figure 3 ISAGEDrawn By .E. a,. David Gair p Ta d ❑ a = o. — Q z � Paa/pprb n ❑ � tSadOH E � � 't'41mj 'teM � sali4M a41 N �a 1 to -o -o2 a � 'Nh\les MHP N O d ❑ N N (9p J Commerce J�Y�ev /pry/snP ui IS q�aN _ uuralnf i0 ssaa -- ' ��8 Wc41c NO Pb �aMoy _ - - �iij OjOQSIIrd v° o �O lsa too wr4tc40 c c" o LL � K tir vaoQ 1S ai 'C' _ - P 00 °o o •Ia a„o sau,M c a c - ffi U PH 1I.—A cr 7n.F` O as E IS flew °ot Is-lsa4o U £ "VI N St PnthonY o ` 0 0 'O alal+O^ O t� �Jsa o i,tt ci is AioPa O 3 o Olt aoO151a� N. t O ° s O >u 0 ❑ o 1S Ila��ej ,\ - Rn y 6 11 o g o ;jo doe NC Highway 807O = N o S O O O O t� 8 �tSt o �� Lp6P - ❑ .A F m a ;yd• Hd = oL 3 Old GOI""ln O Z A 44.. F st O 3 Pb�°ol�noS uols u,N s N PH Uo,z IV, 0 C o N 0 — x m v o f w ° R E Z A U O ° O 3C C 0 3 ° 4r ° R o n ❑ oor y Q`. �°c N N N Q O Ll7p pl O C d O fa6 p�j O 0 3k C, a N zc I o o o C d p O cc z J 9 U CD _ to d u) D l a r u x � tos P Q qo J � z rn rn �ao�ao 0 _ ate Kn1 w -QYco algnocl c O R o O ea J °°r a R i `rnce8t ^Z u C o o of _ K u Roberson Creek Rd Roy Cooper, Governor ■MEN NC DEPARTMENT OF ■■■i NATURAL AND CULTURAL RESOURCES ■ ■■■ May 12, 2021 Sean Clark Sage Ecological Services 3707 Swift Drive Raleigh, NC 27606-2543 RE: Diane Street Project; 2021.052 Dear Sean Clark: D. Reid Wilson, Secretary Walter Clark Director, Division of land and Water Stewardship NCNHDE-14676 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. 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 documented within the project area or 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: httos://www.fws.ciov/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. Also please note that 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 an occurrence of a Federally -listed species is 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 o)ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. 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U �tectary St �ool Rd ir N[: lt,gt vay 87 2' zee naM�. - O ftd o"d �N�a�iixl.Y �sr Y Fo4�un, j a U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01276 County: Chatham U.S.G.S. Quad: NC-Pittsboro NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Sage Ecological Services Sean Clark Address: 3707 Swift Drive Raleigh, NC 27606 Telephone Number: 919-559-1537 E-mail: sclark(&sageecolo0cal.com Size (acres) 9.12 Nearest Town Pittsboro Nearest Waterway Roberson Creek River Basin Cape Fear USGS HUC 03030002 Coordinates Latitude: 35.7145 Longitude:-79.1897 Location description: The project site is approximately 9 acres located adjacent to Dian Street and bordered to the north by Robeson Creek, near the town of Pittsboro, Chatham County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/24/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2021-01276 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 ext 32 or James.C.Lastint!er(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 08/04/2021. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA fo to the Division ffice if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 08/04/2021 Expiration Date of JD: Not applicable SAW-2021-01276 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Property Owner: Gauindan Properties, LLC Address: PO Box 1117 Holly Springs, NC 27540 Telephone Number: 919-800-9951 E-mail: dan(&tripleahomes.org NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND FA REQUEST FOR APPEAL licant: Sa a Ecolo6ical Services, Sean Clark File Number: SAW-2021-01276 Date: 08/04/2021 ached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mit/Missions/CivilWorks/RegulatoryProgramandPermits.asi) or the Corps regulations at.33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Admilstrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Admimistrativc AppcalProccss by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Nor - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: James Lastinger ADMINISTRATIVE APPEAL REVIEW OFFICER Raleigh Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 3331 Heritage Trade Drive, Suite 105 ATLANTA, GEORGIA 30303-8803 Wake Forest, North Carolina 27587 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08/04/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Sage Ecological Services, Sean Clark, 3707 Swift Drive, Raleigh, NC 27606 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Diane Street Property, SAW- 2021-01276 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 9 acres located adjacent to Dian Street and bordered to the north by Robeson Creek, near the town of Pittsboro, Chatham County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Chatham City: Pittsboro Center coordinates of site (lat/long in degree decimal format): Latitude: 35.7145 Longitude:-79.1897 Universal Transverse Mercator: Name of nearest waterbody: Roberson Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: August 4, 2021 El Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Click here to enter text. Estimated amount Type of aquatic Geographic authority to of aquatic resources which the aquatic resource Site Number Latitude (decimal Longitude in review area resources (i.e., °-may be" subject (i.e., degrees) (decimal degrees) (acreage and linear wetland vs. non - Section 404 or Section feet, if applicible wetland waters) 101404 WA 35.71498°N 79.18078°W 0.02 AC Weiland Section 404 WB 35.71394°N 79.18077°W 0.46 AC wetland Section 404 SA 35.71487°N 79.18158"W 54D LF non -wetland Section 404 SB 35.713SION 79.18064°W 1,440LF non -wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Attached ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ®Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ®U.S. Geological Survey Hydrologic Atlas: ®USGS NHD data: ❑USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Pittsboro Quad ®Natural Resources Conservation Service Soil Survey. Citation: Chatham County, 2006, sheet 10 ® National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: NC FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or ® Other (Name & Date): undated ❑Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Signahire and date of Regulatory staff member completing PJD 08/04/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. P Legend QProject Study Area Potential Non -Wetland - Jurisdictional Waters of the U.S.; 50- Foot Jordan Lake Riparian Stream Buffer ® Potential Wetlands - Jurisdictional Waters of the U.S. Map Location ALAMANCE ORANGE � DURHAM CHATHAM I WAKE LEE Preliminary Jurisdctional Determination Wetland Sketch Map N Diane Street Property Sage Project # 2021.052 May 24, 2021 0 50 100 � Feet NOTE: Location, shape and size of depicted features on the evaluated site are approximate and should be surveyed by a licensed NC surveyor for final site planning. _m Figure 3 Drawn By: David Gainey Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Sean Clark From: Sean Clark Sent: Friday, July 1, 2022 10:15 AM To: 401 PreFile Subject: Notice of Intent to File a Permit Application for the Diane Street Project; Sage Project No. 2021.052 To whom it may concern: This email serves to notify you of our intent to file a permit application for the above named project located in Pittsboro (Chatham County), NC. Please contact me if you have any questions. Thanks Sean Clark Sage Ecological Services, Inc. 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