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HomeMy WebLinkAbout20221517 Ver 1_ePCN Application_20221027DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/1/2022 BIMS # Assigned* Version#* 20221517 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review la. Name of project: Copper Ridge Estates la. Who is the Primary Contact?* Krissina Newcomb What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* krissina@halowensoil.com (910)893-8743 Date Submitted 10/27/2022 Nearest Body of Water Copper Mine Creek Basin Cape Fear Water Classification W S-I V Site Coordinates Latitude: Longitude: 35.57488600 -79.12085123 A. Processing Information County (or Counties) where the project is located: Lee 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: SBM HOMES LLC 2b. Deed book and page no.: DB 1676, PG 338 2c. Contact Person: Johnny Byrd 2d. Address Street Address PO Box 71 Address Line 2 City Raleigh Postal /Zip Code 27602 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (919)478-0965 2f. Fax Number: 2g. Email Address: * jbyrdconstruction9@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: Krissina Newcomb 4b. Business Name: Hal Owen & Associates Inc 4c. Address Street Address PO Box 400 Address Line 2 City State / Province / Region Lillington NC Postal / Zip Code Country 27546 USA 4d. Telephone Number: 4e. Fax Number: (910)893-8743 (910)893-3594 4f. Email Address: * Krissina@halowensoil.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Copper Ridge Estates lc. Nearest municipality / town: Sanford 2. Project Identification 2a. Property Identification Number: 966-44-0337-00 2c. Project Address Street Address 3284 Farrell Road Address Line 2 City Sanford Postal / Zip Code 27330 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Copper Mine Creek 3b. Water Resources Classification of nearest receiving water: * W S-I V 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300040101 4. Project Description and History 2b. Property size: 27 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 is wooded (undeveloped). A single family residence was located on the property, but has been removed. The northeastern corner of the property (excluded from the review area) is a dedicated easement for subsurface sewage waste disposal systems for the subdivision located to the north. The site contains a pond and a wetland above the pond. Land use in the vicinity is residential, wooded, and agricultural. 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: 2 Acre 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of this project is construct a single family residential subdivision connected by a common network of roads and utilities. Three wetland impacts are proposed for construction of the subdivision road and driveways for two of the lots. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Wetland impact #1 is for installation of a single family driveway and utilities (water, power, communications) on Lot 15. Wetland impact #3 is for installation of a single family driveway and utilities (water, power, communications) on Lot 16. Wetland impact #2 is for construction of subdivision road "Landon Ridge". A 60.27 LF 30 inch RCP @ 1.99% slope will be installed under the road. A Class B riprap dissipation pad (7.5' X 20'L X 23') will be added at the outlet of the pipe. Water and other utility lines will be concurrently installed in the road right-of-way. The area will be back filled, the roadway paved, and side slopes stabilize. Typical construction equipment such as excavators, loaders, dump trucks, and graders will be utilized. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Krissina Newcomb Hal Owen & Associates, Inc. 6a. Is this a phased project?* Yes No Unknown 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 additional phases planned. All individual lots can be developed without additional wetland impacts. No future CWA 404/401 permits are anticipated. 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 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* #1 culvert P Headwater Forest B Yes Both 0.033 (acres) #2 culvert P Headwater Forest B Yes Both 0.099 (acres) #3 culvert P Headwater Forest B Yes Both 0.024 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.156 2g. Total Wetland Impact 0.156 2i. Comments: 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: Wetland impacts are necessary for Lots 15 and 16, but all other lots were configured to ensure they could be developed without wetland impacts. The road format was designed to maximize lot count while considering site constraints such as topography, septic disposal, building ordinances, and accessibility. The road was sited perpendicular to the drainageway to minimize impacts. Shoulder slopes at road crossing are 3:1 Utilities were grouped in the road right-of-way where possible to minimize impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be used, such as silt fencing, to protect water quality. Construction limits will be clearly marked through wetlands. No clearing will occur in wetlands outside of the proposed impact area. Construction and fill materials will be stored in upland 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 0 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.156 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 0 0 4h. Comments 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: Cape Fear basin (03030004) not subject 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 Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This residential development is relatively small and will not likely affect regional growth patterns. 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. each single family home to be served by onsite subsurface sewage waste disposal, each system designed to treat and dispose of 360 to 480 gallons of effluent per day. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* • Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US FWS iPaC (https://ecos.fws.gov/ipac/ ). NC Natural Heritage Program (https://ncnhde.natureserve.org/) 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 Habitat Conservation National Marine Fisheries Service https://www.habitat.noaa.gov/apps/efhmapper/ 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?* NC State Historic Preservation Office (http://gis.ncdcr.gov/hpoweb/ ) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System (https://fris.nc.gov/fris/ ) 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 Copper Ridge_PCN Attachements.pdf 9.16MB 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: Krissina Newcomb Signature kce:isstka, fcrcc.+c6 Date 10/27/2022 HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, Lillington NC 27546-0400 Phone (910) 893-8743 / Fax (910) 893-3594 www.halowensoil.com 27 October 2022 Mr. James Lastinger Raleigh Regulatory Field Office US Army Corps of Engineers Reference: Pre -Construction Notification for Copper Ridge Estates (Proposed) Lee County, North Carolina Dear Mr. Lastinger, A Pre -Construction Notification (PCN) is being submitted for the above referenced property. The subject site contains 27 acres and is located on the southeastern side of Farrel Road, Sanford, NC. The subject site is located in the Lick Creek Subwatershed (HUC 030300040101) in the Cape Fear River Basin. A wetland delineation was conducted for the site by Hal Owen & Associates Inc. staff in 2020 and reconfirmed in March 2022. The proposed development is for a 20-lot single family residential subdivision named Copper Ridge Estates. The plan proposes a subdivision road crossing and two driveway crossings that will result in 0.156 acre of permanent wetland impact. This pre -construction notification is being submitted pursuant to USACE Nationwide Permit 29 and NCDWR Water Quality General Certification 4256. Attachments include: • Preliminary Jurisdictional Determination Package • Site Plans and Impact Maps • Endangered Species and Designated Critical Habitat Reports • State Historic Preservation Office Map If you have any questions or need additional information, please feel free to contact me at your convenience. Sincerely, 3. AI&7eaftV�- Krissina B. Newcomb Environmental Scientist CC: Johnny Byrd @ SBM HOMES LLC Ken W. Bright Associates, PLLC Soil Science Investigations * Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. JURISDICTIONAL DETERMINATION PACKAGE Soil Science Investigations * Wetland Delineations, Permitting, and Consulting Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 3284 Farrell Road City, State: County: Sanford, NC Lee Parcel Index Number(s) (PIN): 9666-44-0337 B. REQUESTOR INFORMATION Name: Johnny Byrd, SBM HOMES LLC Mailing Address: PO BOX 71 Telephone Number: Electronic Mail Address Select one: Raleigh, NC 27602 (919) 478-0965 jbyrdconstruction9@gmail.com Li I am the current property owner. W] I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION' Name: SBM HOMES LLC Mailing Address: PO BOX 71 Raleigh, NC 27602 Telephone Number: (919) 478-0965 Electronic Mail Address: jbyrdconstruction9@gmail.com i Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Krissina Newcomb Print Name Capacity: ❑ Owner 0 Authorized Agents 9/8/2022 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. 0 I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. LFI intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 27 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS W] Project Coordinates (Decimal Degrees): Latitude: 35.57488600 Longitude:-79.12085123 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro aam/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' A Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/does/regulatory/regdocs/JD/RGL 08-02 App A Prelim _JD_Form fillable.pdf ' Please see http://www.saw.usace.arM.mil/Missions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's web site and onthe Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for anAJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 H L OWEN & ASS(KI M, INC. SOIL & ElNVIR[T'X?I�hTTAL SCIE"STS P.O. Box 4w l dlinpan, NC 27S464140 Phune (gI1h1 �Igl•m74x J Pax (�;110) u u•,+. I,a I,,w.t�ryu,j���L AGENT At ITI IGR ZA T ION FORM PROPERTY INFORMATION x'ro' t TaQue '. ICT Ridgc E• slag Subdivision and T.Lti N [_Llprc-r Ridow t mlatcs Silt Addrms: 32$4 Fiirr,ell Wi. Sunford NC • LN .� OWNER INFORMATION 4N• Mimi Iiity Addre&; E-awl Ad icss, - Uhrmy Byrd SBA±[ HOMES LLC Ply &xx 'l l i5A I04!i 77602 r; Inar71_a" > y xlpIng �CJG . I pvlhorzae rqxrc"s{lataliVr`S 4rf rhr 14'Ii1i1111gjL3M (N%trkt, 1j.S. AlinY C•tVVF oi, viiglnccfb Worm+ t-a enin urnrk the prtvwy heareiri JVMril+d for Ibe puTPLX40 L-pf curkijVtiftg Ofl-Slle rrLwCnriVdLo❑� if rt WAAr+. and Isfuu4 u pn%6cunnul dcvirminalsort purmiarll la %Kw'K r 404 cO 1#c Ckm Waur Aa aW. ur Scc6on 101 of the Rs%cm and hlarlfK" At I v f 11949. L 6c wMcrSigricit am CIA= a d* whcwrg gh-Ame1 of raturd of ihr: plt}pm Amiirwi; hcrrin, or avin1, * ncc duly amhL wcA agent of elke nVAwr nF mcamd of ck pl:", I hanclry audwinze Mr%. Kriis*fna Nrwcatab wr Fla! Uwm & .kmo atm UW. le a¢t on my behalf rind tAc ail awti n %v-.* 3 for the grace smg. my uanrc and acceptuKV or auriw4irLic4mi deLV4111mA1Inns, CWA S+xli n V11 ar3d 4-04 penrllin and cenifrcalinnit, and any acid Q11 -;r4rLdJ)Fd L4114J tifICA211 00111ditl0ns 21L41101106. [bis a>11tx,ei gttri Will fe[iijaiin In afto fj)f (i) f VC YOM Ln ft.%%Nkcd by the tjn&jrsipird Ln a rair6g 1�kirwn�j ' �RL - €y -/' i Aulhn r0,j--d L�,nib M-- i TII1c p (Me Icgibly pnnt naFm BK 1676 PG 0338 FILED ELECTRONICALLY LEE COUNTY NC PAMELA G. BRITT REGISTER OF DEEDS FILED Mar 02, 2022 AT 10:26:04 AM BOOK 01676 START PAGE 0338 END PAGE 0339 INSTRUMENT # 01714 EXCISE TAX $1,333.00 Prepared by Robert Gilleland — Mail to Grantee Stamps;$ 13 STATE OF NORTH CAROLINA ) GENERAL WARRANTY DEED COUNTY OF LEE ) THIS DEED, made this 28th day of February, 2022, by and between COPPER RIDGE DEVELOPMENT, LLC, a North Carolina limited liability company, P.O. Box 2825, Sanford, NC 27331, hereinafter called GRANTOR, to SBM HOMES, LLC, a North Carolina limited liability company, 4191 Fayetteville Rd., Suite 100, Raleigh, NC 27602 hereinafter called GRANTEE; W I T N E S S E T H, that the Grantor, in consideration of TEN DOLLARS and other valuable considerations to it paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, that certain tract or parcel of land situated in Deep River Township, Lee County, North Carolina, more particularly described as follows: BEING ALL OF THAT TRACT CONTAINING 30.25 ACRES TOTAL as shown on map entitled "Survey for Jean Austin Johnson," dated 7-25-2018, prepared by Cole Land Surveys, P.A., recorded in Plat Cabinet 2018, Slide 96, Lee County Registry. Reference to said map is hereby made for greater certainty of description. (3284 Farrell Road, Sanford, NC 27330) The above property was conveyed to the Grantor by deed recorded in Book 1503-519, Lee County Registry. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. submitted electronically by "Harrington Gilleland Winstead Feindel & Lucas, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Lee county Register of Deeds. BK 1676 PG 0339 TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns, in fee simple forever. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title to the same, against the lawful claims of all persons whomsoever, except for any exceptions as may be hereinafter stated: All such public utility and similar easements or rights -of -way, if any, as may serve, cross, encroach upon, or otherwise affect the property herein conveyed, including septic easement on 3.59 acres of the subject property shown on plat recorded in Plat Cabinet 2018, Slide 107, Lee County Registry and further described in Deed of Easement recorded in 1507, page 609, Lee County Registry; all such zoning ordinances and other governmental regulations, if any, as may apply to the property herein conveyed; all matters which would be revealed by a current and accurate survey of the property herein conveyed. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized member -manager, the day and year first above written. COPPER RIDGE DEVELOPMENT, LLC y Sandra Perry - Member -NI nager STATE OF NORTH CAROLINA, COUNTY OF LEE I, a Notary Public, do hereby certify that Sandra Perry, as member -manager of Copper Ridge Development, LLC, personally appeared before me this day and acknowledged the due execution of the foregoing instrument as the act and deed of said entity. Witness my hand and notarial seal this 12) My comet' sion expire L�gdwLee County Map for reference only. Not a survey. aV 0 2 Io n ch4`ch Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 Copper Ridge Estates www.halowensoil.com 3284 Farrell Road, Sanford 919-893-8743 Lee County, North Carolina Ro as4j�;�'dn Vicinity Map 8 September 2022 Map for reference only. Not a survey. Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 www.halowensoil.com 919-893-8743 Copper Ridge Estates 3284 Farrell Road, Sanford Lee County, North Carolina ,,6'nlrl' 1►w Aerial Photograph Google Earth (2022) 8 September 2022 Map for reference only. i 0 1,000 21000 ft Not a survey.. �. - 1. Hal Owen & Associates Inc. USGS Topographic Map PO Box 400, Lillington, NC 27546 Copper Ridge Estates 7.5 Minute Series (24K) www.halowensoil.com 3284 Farrell Road, Sanford Quad: Moncure, NC 919-893-8743 Lee County, North Carolina 8 September 2022 Legend Site roads wetlands Wetlands Pond Map for reference only. Not a survey. Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 www.halowensoil.com 919-893-8743 Copper Ridge Estates 3284 Farrell Road, Sanford Lee County, North Carolina 0 300 600 ft Potential Streams, Waters, and Wetlands 8 September 2022 WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Copper Ridge Estates City/County: Sanford/Lee Sampling Date: 12-15-20 Applicant/Owner: Johnny Byrd State: INC Sampling Point: 1 Investigator(s): K B Newcomb Section, Township, Range: Landform (hillslope, terrace, etc.): Drainageway Local relief (concave, convex, none): Concave Slope (%): 4 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: Long: Datum: Soil Map Unit Name: MfD - mayodan fine sandy loam 8-15% slopes NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Head of wetland drain HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑. Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) ❑✓ Surface Water (Al) ❑ Aquatic Fauna (1313) II High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) 0 Drainage Patterns (1310) 0 Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (132) ❑ Presence of Reduced Iron (C4) 0 Crayfish Burrows (C8) ❑ Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) F] Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) 21 Geomorphic Position (D2) ❑ Iron Deposits (135) ❑ Other (Explain in Remarks) ❑. Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (137) ❑. FAC-Neutral Test (D5) ❑ Water -Stained Leaves (139) El Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes X No Depth (inches): <1 Water Table Present? Yes X No Depth (inches): 2 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: 1 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 100' x 30' ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 60 Y FAC That Are OBL, FACW, or FAC: 5 (A) 2 Quercus nigra 20 N FAC Total Number of Dominant 3. Acer rubrum 30 Y FAC Species Across All Strata: 5 (B) 4 Quercus phellos 15 N FACW Percent of Dominant Species 5 That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7. 8 Total % Cover of: Multiply by: 125 = Total Cover OBL species x 1 = 50% of total cover: 62.5 20% of total cover: 25 FACW species x 2 = Saplina/Shrub Stratum (Plot size: 100' x 30' ) FAC species x 3 = 1 Liquidambar styraciflua 30 Y FAC FACU species x 4 = 2 Vaccinium corymbosum 10 N FACW UPL species x 5 = Column Totals: (A) (B) 3 Acer rubrum 25 Y FAC 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. _ 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.0' 65 = Total Cover _ Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 32.5 20% of total cover: 13 Herb Stratum (Plot size: 100' x 30' ) 'Indicators of hydric soil and wetland hydrology must 1 Smilax rotundifolia 1 N FAC be present, unless disturbed or problematic. 2 Pinus taeda 1 N FAC Definitions of Four Vegetation Strata: 3 Osmundastrum cinnamomeum 2 N FACW Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 4 Arundinaria gigantea 5 N FACW more in diameter at breast height (DBH), regardless of 5 Liquidambar styraciflua 10 N FAC height. g Carex lurida 10 N OBL Sapling/Shrub — Woody plants, excluding vines, less 7. Vaccinium corymbosum 30 Y FACW than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 59 = Total Cover 50% of total cover: 29.5 20% of total cover: 11.8 Woody Vine Stratum (Plot size: 100' x 30' 1. 2. 3. 4. 5. a 50% of total cover morphological adaptatic Hydrophytic = Total Cover Vegetation 20% of total cover: Present? Yes X No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-4 10YR 5/2 100 C 4-12 10YR 5/1 90 10YR 5/6 10 C M C 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: ❑, Histosol (Al) .❑ Polyvalue Below Surface (S8) (LRR S, T, U) _❑ 1 cm Muck (A9) (LRR O) ❑, Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) _❑ 2 cm Muck (A10) (LRR S) ❑, Black Histic (A3) .❑ Loamy Mucky Mineral (F1) (LRR O) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑, Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑, Stratified Layers (A5) .Q Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) ❑, Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 15313) ❑, .❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) ❑, Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Very Shallow Dark Surface (TF12) ❑, 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Other (Explain in Remarks) ❑, Depleted Below Dark Surface (Al 1) ❑ Depleted Ochric (F11) (MLRA 151) ❑, Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and ❑, Coast Prairie Redox (A16) (MLRA 150A) .❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, ❑, Sandy Mucky Mineral (S1) (LRR O, S) ❑ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. ❑, Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 15013) ❑, Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) ❑, Stripped Matrix (S6) .❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑, Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM —Atlantic and Gulf Coastal Plain Region Project/Site: Copper Ridge Estates City/County: Sanford/Lee Sampling Date: 12-15-20 Applicant/Owner: Johnny Byrd State: Sampling Point: 2 Investigator(s): K B Newcomb Section, Township, Range: Landform (hillslope, terrace, etc.): Linear slope Local relief (concave, convex, none): None Slope (%): 10 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: Long: Datum: Soil Map Unit Name: mfD - mayodan fine sandy loam 8-15% slopes NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑. Surface Soil Cracks (136) ❑ Sparsely Vegetated Concave Surface (138) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) ❑ Aquatic Fauna (1313) ❑ High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (132) ❑ Presence of Reduced Iron (C4) 0 Crayfish Burrows (C8) ❑ Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) El Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) ❑ Thin Muck Surface (C7) El Geomorphic Position (D2) ❑ Iron Deposits (135) ❑ Other (Explain in Remarks) ❑. Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (137) ❑. FAC-Neutral Test (D5) ❑. Water -Stained Leaves (139) El Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: 2 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' Radius ) % Cover Species? Status Number of Dominant Species 1 Quercus alba 30 Y FACU That Are OBL, FACW, or FAC: 4 (A) 2 Pinus taeda 15 N FAC Total Number of Dominant 3. Acer rubrum 30 Y FAC Species Across All Strata: 6 (B) 4 Quercus falcata 30 Y FACU Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 66% (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 105 = Total Cover OBL species x 1 = 50% of total cover: 52.5 20% of total cover: 21 FACW species x 2 = Saplina/Shrub Stratum (Plot size: 30' Radius ) FAC species x 3 = 1 Acer rubrum 20 Y FAC FACU species x 4 = 2 Liquidambar styraciflua 10 Y FAC UPL species x 5 = Column Totals: (A) (B) 3 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. _ 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.0' 30 = Total Cover _ Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30' Radius ) 'Indicators of hydric soil and wetland hydrology must 1. be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 30' Radius ) 1 Vitis rotundifolia 1 Y FAC 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation Present? Yes Y No 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-2 10YR 4/3 100 CL 2-12 10YR 5/4 100 CL 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: ❑, Histosol (Al) .❑ Polyvalue Below Surface (S8) (LRR S, T, U) _❑ 1 cm Muck (A9) (LRR O) ❑, Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) _❑ 2 cm Muck (A10) (LRR S) ❑, Black Histic (A3) .❑ Loamy Mucky Mineral (F1) (LRR O) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑, Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑, Stratified Layers (A5) ❑ Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) ❑, Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 15313) ❑, .❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) ❑, Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Very Shallow Dark Surface (TF12) ❑, 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Other (Explain in Remarks) ❑, Depleted Below Dark Surface (Al 1) ❑ Depleted Ochric (F11) (MLRA 151) ❑, Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and ❑, Coast Prairie Redox (A16) (MLRA 150A) .❑ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, ❑, Sandy Mucky Mineral (S1) (LRR O, S) ❑ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. ❑, Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 15013) ❑, Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) ❑, Stripped Matrix (S6) .❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑, Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date:3_12_22 Project/Site: Copper Ridge Latitude: Evaluator: KBN County: Lee Longitude: Total Points: Stream is least intermittent 16.5 Stream Determination (circle one) Other Moncure NC at if >_ 19 or perennial if >_ 30` Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 7 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 CD 3 2. Sinuosity of channel along thalweg 0 1 0 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 CD 2 3 4. Particle size of stream substrate 1 2 3 5. Active/relict floodplain 1 2 3 6. Depositional bars or benches 1 2 3 7. Recent alluvial deposits CD 1 2 3 8. Headcuts CD 1 2 3 9. Grade control 0 0 1 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No =0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 5.5 ) 12. Presence of Baseflow 0 1 0 3 13. Iron oxidizing bacteria 0 1 0 3 14. Leaf litter 1.5 1 0.5 CD 15. Sediment on plants or debris 0 0.5 Q1 1.5 16. Organic debris lines or piles 0 Q 1 1.5 17. Soil -based evidence of high water table? No Yes = 3 C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 2 U 0 19. Rooted upland plants in streambed CD 2 1 0 20. Macrobenthos (note diversity and abundance) CEI 1 2 3 21. Aquatic Mollusks GD 1 2 3 22. Fish CD 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae CD 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other]0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Below pond to tree line Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Krissina Newcomb, Hal Owen & Assoc, PO Box 400, Lillington NC 27546 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Lee City: Sanford Center coordinates of site (lat/long in degree decimal format): Lat.: 35.57488600 Long.:-79.12085123 Universal Transverse Mercator: Name of nearest waterbody: Copper Mine Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) A 35.576774 -79.120803 0.1 aC wetland 404 B 35.575411 -79.120001 0.6 aC wetland 404 Pond 35.574847 -79.120820 1 aC open water 404 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ 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: 7.5 Minute Series, Quad: Moncure,NC ❑■ Natural Resources Conservation Service Soil Survey. Citation: websoil survey ❑■ National wetlands inventory map(s). Cite name: USFWS NWI ❑ State/local wetland inventory map(s): ❑■ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ■❑ Aerial (Name & Date): Google Earth (2022) or ❑ Other (Name & Date): ❑ 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. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. 670D50 35' 34 40 N O CJ O 35' 34 20" N 670050 670120 670190 670260 670330 Map Scale: 1:3,000 if printed on A portrait (8.5 x 11") sheet. Meters N 0 40 80 150 240 Feet 0 100 200 400 A 600 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zane 17N WGS84 usim Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Lee County, North Carolina (Copper Ridge Estates) 670120 870190 670260 6703W 670400 67040C 670470 35' 3440" N F W 35' 34' 20" N 670470 MD R n 9/8/2022 Page 1 of 3 m c .Q cu U N w Uu o m Z m w w N c C3) 0 a U W (L`) N UZ ICL O QU m 5 CO 0 Z 'W V W J a CL E O U L d) N 'p d)_ � y m U p Q a O1 � U C p m m N O_ U6 n m M Ol (U O mn� y C. m CL o C y m L N A > L O O N N C > s a o m p O N a �_ N N 3 mn O m E E CL O N m �� y 2 Q a C 7Q N - Un N E cm NN U N c -0 m E 6 O ` N N C m Lu L) , iO m U) I C o U O 3 O N N O O c O p .- U�6 9 y �� .�--.. U N C �E 3 a)O C M = U N CO f� u7 N s N 3 o m y a U U)n E N Un m o m o m N [O Q U 7 N a�>s�' U C N a ...: C CL c� In d Z oo !Eo cc w I a 3 m m � U aai � m m (� m s m 4 (1 m N m fl_ N Q c m N m O Q o a m m g Z m o ma C O � i >.( C'- U > is p 4 �. E cU N y a '2 N y U 0 W �-a C o o .ym.. (U m m 9 m m U N ) j .O n a N N (� .y N N 4 O N N J C 9 (U m Z s Q U C N O- m m ' N y (U m m N N M O N O .L.. T .n U N N m 1T m a m m N O Lm T 3 a O c L U6 U6 3 _ "' 3: f6 7m T C U O w m _ C m Q a C (U N2. L +O' O C O a L' .2 m >, O `� > p O m UI C 0-0 O N 'Q C N - �� D O N 0 O .� p U 0 0 > Q T U1 0 m O C N N y Cl L N cm con in tq C Q N Un N 'Q E Cl 'Q N N O O_ U C a� E N N a E p N p co U O N 4 V 2C1, n a Q m L H o 3 CO U U? U- m O N Com H oU . En Ul N N y o m U m a ) > c c m CD 2 y y a m 70 m o O d ¢ co C a fl T U) _ N J m E U y N N o orO m O O O_ U) Un N > C O N y N 0_ C m Un 3 Un O T- (U U) 5 U6 U J a¢ RU doLL � m d 0 ,zmfn C 7 s O O C y O o N fl Un N N IL J •--. .-. IL .-. y y L1 2:, d Q (U 70 m m m y l O fl 0 U) -- m � y O _ m 0 `N O N m c O U O O O ( 2it w >` mL N _ o 0n cc 2 2 LL o a cu a > ID o2 CD Q 0 U) n Q w O 'Q m m U U (' (' J J c4(U cG (1 O w m to 0 N U) aO O to w U) m a c R a � N M N w O O � N M (U CD 0) m a N CO >, -E) CD � (D U) 'w m O N UA p_ O N O U C 0 m Z 8I Soil Map —Lee County, North Carolina Copper Ridge Estates Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI MfB Mayodan fine sandy loam, 2 to 8 percent slopes 13.9 50.6% MfD Mayodan fine sandy loam, 8 to 15 percent slopes 13.5 49.4% Totals for Area of Interest 27.4 100.0% USDA Natural Resources Web Soil Survey 9/8/2022 4111110 Conservation Service National Cooperative Soil Survey Page 3 of 3 Legend National Wetland Inventory Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forestedf Shrub Wetland Freshwater Pond . Lake ❑ther Riverine ElWetlands_Project_Metadata 0 Site roads Map for reference only. Not a survey. Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 www.halowensoil.com 919-893-8743 Copper Ridge Estates 3284 Farrell Road, Sanford Lee County, North Carolina 0 300 600 ft USFWS National Wetland Inventory 8 September 2022 Legend 0 Site dotroads Flood Hazard Layer Flood Hazard Zones 1% Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Risk Due to Levee OF Area with Risk Due to Levee Map for reference only. Not a survey. Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 www.halowensoil.com 919-893-8743 Copper Ridge Estates 3284 Farrell Road, Sanford Lee County, North Carolina PANEL 3/1MKOK e. rV2W7 0 300 600 ft FEMA National Flood Hazard Layer 27 September 2022 HAL OWEN & ASSOCIATES, INC. SITE PLANS Soil Science Investigations * Wetland Delineations, Permitting, and Consulting >J N it 0 C---t)---\ T-------- \ Q \\ /--------- U) o / / / W L U W awaoviN cl IZ / / > \ //� ///�\\ / rrnn V U o u) !R o _ / ////� of > // \ \\\ \ �� LI_ Q QOWaaa /i •• j\ i \ \ \ i//���� J W zmo LLJ co in U w w �Wz / / O O z 0v In Z ti O z U)i ~ m z x Ov m — z O L U)Y d LU 0 F-- \ O W CO z J L-u LU I > O z a J Q Q o (7& Go U) z � o � z �o z N N o CD O N O II Cl) U) z 0 v Q w U) 0 0� U J M J co d N w W z z a z o O z O cn w LL Q c7¢ z U) J Lo �FE L, co z X OOU m z Q w a Y .1 \ 240 \\ \\ N FRI G E� oON N rn � 7. ' 20'LX\2,�' E�LASS�S/PAIR \ I \ \ WETLAND IMPACT # 2 - PLAN VIEW 235 II3URY PIPE 0.5 FT 230 225 I� 3:1 slope BURY PIP 0.5 FT - RCP od 0 IL o -(0 N c) CV N M II N II II _ O w Z Z PROPOSED30" RCP -CROSS SECTION HOR SCALE:1"=50 VERT SCALE:1"-5' COPPER RIDGE ESTATES WETLAND IMPACT # 2 - PIPE CROSSING KEN W. BRIGHT ASSOCIATES, PLLC SCALE: 1"=50' CONSULTING ENGINEERS DATE: 9-30-2022 P.O. BOX 553 SANFORD, NC 27331 (919) 776-3444 REVISIONS: LANDON RIDGE PROFILE AT PIPE HOR SCALE:1 "=50 VERT SCALE:1 "=5' WL-3 HAL OWEN & ASSOCIATES, INC. ENDANGERED SPECIES AND DESIGNATED CRITICAL HABITAT Soil Science Investigations * Wetland Delineations, Permitting, and Consulting United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0005411 Project Name: Copper Ridge Estates October 17, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 10/17/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 10/17/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 10/17/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/17/2022 Project Summary Project Code: 2023-0005411 Project Name: Copper Ridge Estates Project Type: Residential Construction Project Description: SFR SD Farrell Rd Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.57512055,-79.12081821266906,14z Counties: Lee County, North Carolina 10/17/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Fishes NAME STATUS Cape Fear Shiner Notropis mekistocholas Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6063 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Harperella Ptilimnium nodosum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3739 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/17/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. 10/17/2022 BREEDING NAME SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 10/17/2022 3 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle IIII IIII IIII IIII IIII IIII IIII ---- IIII IIII IIII IIII Non -BCC Vulnerable Chimney Swift BCC Rangewide---- (CON) Eastern Whip -Poor- ' IIII IIII IIII +- III- - - - - - - - - - - - - - - - - Will ---- +--- ---- - BCC Rangewide (CON) PrairieCagewi IIII IIII IIII ---- ---- ---- ---- ---- BCC Rangewide — + (CON) Prothonotary ---- +--- ---- Warbler 1111 HE1111 1111 - - - - - - - - - - - - - - - - - - - - BCC Rangewide (CON) 10/17/2022 4 Red-headed Woodpecker ——---+--'--- — — — - - — — - - — — - ---- BCC Rangewide (CON) Rusty Blackbird _ i — +---+-- —�-- ---- ---- ---- — rt BCC -BCR Wood Thrush '—' + BCC Rangewide — �— -- — — — — — — — — — — — — — — — — — — — — (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 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 (BCQ 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 10/17/2022 5 of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 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 individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 10/17/2022 6 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 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. 10/17/2022 IPaC User Contact Information Agency: Hal Owen & Associates Name: Krissina Newcomb Address: PO Box 400 City: Lillington State: NC Zip: 27546 Email krissina.newcomb@gmail.com Phone: 9108938743 Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ October 17. 2022 Krissina Newcomb Hal Owen & Associates Inc PO Box 400 Lillington, NC 27546 RE: Copper Ridge Estates Dear Krissina Newcomb: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 101 \��r.TDTM111901909 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: httr)s://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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 / CO \ \ 0 c / 0 / \ � / � 3 d CO e CO \ .g COg/ E2 s 7 Al / \ E / co\ 0 m E / / O e / e / E s ` / u _ E 0 0 \ / ■ we, '0E Lij > CO \ / 0 .9 E \ / \ » \ e ■ > > \\ \ E e ■ . CO / j �ƒ \ \ 0 \ CO E § / CO \ ƒ \ \ E 0 0 \ \ \ \ \ / ■t E \ \ 0 3 }a y u O \ ■ ■ � CO \ ƒ \ / CO \ \ \ r2O CO $ 0 \\\ \\CO ss CO \ \ A xxO \\ § \ / �U) W ti cu cn W L Q) Q Q O U L6 r i W z U z pb as aa,No� N In K K W � W � y' OD N d O S of p� SUOLUUJ c O m � I �J f 0 Q- F Fa c>v\ a LJ K u W z ti 3 a M w C: Q 0 � m � u v v o � Q N m O 0 N V N ru N a) I� r O m a N 0 0 M O M N a HAL OWEN & ASSOCIATES, INC. STATE HISTORIC PRESERVATION OFFICE MAP Soil Science Investigations * Wetland Delineations, Permitting, and Consulting Legend 0 Site NCHPO o NCHPOpoints NCHPO_NR_SL_DOE_Boundaries 0 Local —District —Boundaries dotroads �Iio n Ch4reh Map for reference only. Not a survey. Hal Owen & Associates Inc. PO Box 400, Lillington, NC 27546 www.halowensoil.com 919-893-8743 cones House (Gone) Copper Ridge Estates 3284 Farrell Road, Sanford Lee County, North Carolina 0 600 1,200 ft NC Historic Preservation Office 8 September 2022