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HomeMy WebLinkAbout20221522 Ver 1_ePCN Application_20221031DWR 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: 9/23/2022 BIMS # Assigned* Version#* 20221522 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: Ligon Park (formerly 9606 Ligon Mill) la. Who is the Primary Contact?* Sean Clark What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* sclark@sageecological.com (919)559-1537 Date Submitted 10/31/2022 Nearest Body of Water Smith Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.9357 -78.5305 A. Processing Information County (or Counties) where the project is located: Wake 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: 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: Site Investments, LLC 2b. Deed book and page no.: 018639/02258 2c. Contact Person: Michael E. Jordan 2d. Address Street Address 933 Old Knight Road Address Line 2 City Knightdale Postal /Zip Code 27545 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (919)422-3933 2f. Fax Number: 2g. Email Address: * mike.jordan@jvmgmt.net 4. Agent/Consultant (if applicable) 4a. Name: Nicole Thomson 4b. Business Name: Sage Ecological Services, Inc 4c. Address Street Address 3707 Swift Drive Address Line 2 City Raleigh Postal / Zip Code 27606 4d. Telephone Number: (919)754-7806 4f. Email Address: * nthomson@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) Ligon Park lc. Nearest municipality / town: Wake Forest 2. Project Identification 2a. Property Identification Number: 1739868083, 1739857729, 1739858765, 1739859634 2b. Property size: 7.09 2c. Project Address Street Address 9602-9606 Ligon Mill Rd Address Line 2 City State / Province / Region Wake Forest NC Postal / Zip Code Country 27587 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Smith Creek 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010702 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Site is forested and undeveloped. The existing canopy is a mix of mature hardwoods and pine. There are 2 wetlands (W1 & W2), 2 streams (SA & SB) and 1 pond on the Site. The topography of the Site ranges from a low point of +/- 260 feet above mean sea level (msl) at the southern property line where the drainage exits the Site, to a high point of +/- 300 feet msl in the southwestern boundary of the Site adjacent to Ligon Mill Road. Surrounding areas are comprised of residential development. 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: 0.088 4g. List the total estimated linear feet of all existing streams on the property: 318 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a residential development at the site to help meet the need for housing in the area. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project is a single-family residential subdivision with residential streets and utilities that will connect to existing adjacent streets and utilities. The proposed impact results from a single sewer line crossing on the site. Heavy equipment typically used for utility installation projects (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-2021-02668 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Mr. Steven Ball, NCRF, PWS S&EC Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE PJD Concurrence email dated January 31, 2022. 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 3. Stream Impacts Streams -tributaries Pond Construction - Buffers 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 Sewer crossing Temporary Other SA Perennial Both 4 Average (feet) 53 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 53 3i. Total temporary stream impacts: 53 3j. Comments: The proposed sewer line is an aerial crossing; the 53 LF of temporary impacts are to allow for a temporary crossing of the stream for equipment to install the permanent piers which will support the sewer line. 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 - Pond Buffer (sewer line) T Pond 1 No 0 329 Impact 2 - Stream Buffer (aerial sewer) P SA No 62 209 Impact 2 - Stream Buffer (aerial sewer) T SA No 4,449 2,082 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: Zone 1 4,449.00 Zone 1 62.00 Zone 2 2,411.00 Zone 2 209.00 Zone 1 Zone 2 4,511.00 2,620.00 6i. Comments: Per 15A NCAC 02B .0714 Neuse River Buffer Rules, Section (11) Table of Uses, (kk)(iv) - sewer crossings with a "permanent maintenance corridor greater than 30 feet wide [which are] perpendicular crossings that disturb equal to or less than 40 linear feet, no mitigation is required". Therefore, this impact is deemed "allowable upon authorization". Per 15A NCAC 02B .0714 Neuse River Buffer Rules, Section (11) Table of Uses, (II)(i), "impacts other than perpendicular crossings provided that the vegetation is allowed to regenerate in disturbed areas outside of the permanent maintenance corridor," Zone 2 impacts are deemed "allowable". 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: The only impact proposed for the development is the needed sanitary sewer connection to the existing sewer line, maintained and owned by Wake Forest. The proposed sewer crossing is aerial and is aligned to cross the stream as perpendicularly as possible, while still connecting to the existing manhole within the existing sewer line on the other side of the channel and property. The manholes on the existing sewer line have inverts which are set much higher, as well as the existing pond being a limiting factor for sewer line location, therefore, this location is the only feasible way to get the proposed sanitary sewer from the Site to connect to the existing line. No road crossings of streams are proposed. Lots were positioned to avoid additional fill in wetlands and streams. Construction fencing will be used to define the construction corridor and prevent any accidental, additional impacts. Silt fencing will be installed to provide additional protections from stormwater runoff. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction fencing will be used to define the construction corridor and prevent any accidental, additional impacts. Silt fencing will be installed to provide additional protections from stormwater runoff. Coffer dams and a temporary bypass pump will be utilized to ensure that all installation activities are constructed in the dry. The temporary stream crossing will be high ground to high ground. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed stream impact is temporary and therefore mitigation is not required. The proposed buffer impacts are either "deemed allowable" or "deemed allowable upon authorization" and therefore, mitigation is not required. 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 municipal authority. The applicant requests a conditional 401 Authorization until the SMP is approved. 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 and development in the vicinity) and the area already contains the necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Smith Creek, which is Class C; Nutrient Sensitive Waters (NSW), (i.e. not HQW or ORW). We anticipate the NCDWR will advise us if a qualitative or quantitative analysis is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Municipal sewer operated by Wake Forest. 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 No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 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? A review of the NC Natural Heritage Program dated October 17, 2022, lists no federally listed T&E species on 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 Wake 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?* There are 25 historic properties and one "Determination of Eligibility Boundary" (Raleigh & Gaston Rail Corridor - NC0008) located within 1.0 mile of the Site based on a query of the North Carolina State Historic Preservation Office (NCSHPO) database. The Site itself is not listed as a historic property. Nineteen properties are listed as "Surveyed Only", including the Tryst Oak Property (WA1486) which is immediately adjacent, south of the Site. One property is identified as "Blockface - Multiple Properties", and two are identified as "National Register (NR)" properties, including Oakforest (WA1488) and Powell House (WA0040). 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 Floodplain Maps Database - FIRM Panel No. 3720173900K, effective on 07/19/2022 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 Ligon Park PCN Supplemental Information.pdf 6.36MB File must be PDF or KMZ Comments PCN Cover Letter Agent Authorization Form Figure 1-USGS Site Vicinity Map Figure 2-Soil Survey Site Vicinity Map Figure 4-NCSHPO Map NCNHP Database Report Impact Maps S&EC PJD Wetland Sketch Map USACE PJD Concurrence email, dated January 31, 2022 (SAW-2021-02668) Notice of Intent to File a Permit Application 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 Date 10/31/2022 SAGE ECOLOGICAL SERVICES E5 .21116 October 31, 2022 US Army Corps of Engineers NC Division of Water Resources Raleigh Regulatory Office 401 & Buffer Permitting Unit Attn: Ms. April Norton Attn: Ms. Colleen Cohn 3331 Heritage Trade Dr., Ste. 105 512 N. Salisbury St., Archdale Bldg. 91h Flr Wake Forest, NC 27587 Raleigh, NC 27604 Re: Ligon Park Request for NWP 58, GC 4276, and Riparian Buffer Authorization SAW-2021-02668 Sage Project #2022.164 On behalf of Site Investments, LLC (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 Ligon Park Development (Project) may proceed under Nationwide Permit (NWP) 58 and General Certification 4276 (GC 4276). A Riparian Buffer Authorization for impacts to Neuse River riparian buffers is also being requested. Protect Purpose and Location The Project includes the construction of a residential subdivision. The +/-7.09-acre tract is located at 9602-9606 Ligon Mill Road in Wake Forest, Wake County. The coordinates of 35.9357°N, 78.5305°W generally correspond to the center of the Site. The Site is forested and undeveloped. Surrounding areas are comprised of residential developments. Protect 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 Ligon Mill Road to the west. 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 October 17, 2022). The Site itself is not listed as a historic property. There are twenty-five properties listed within 1.0 mile of the Site. Protect History The Site consists of four parcels totaling +/-7.09 acres. The property is undisturbed forest dominated by a hardwood canopy with interspersed pine trees. There are two streams, two riparian wetlands and one pond on the Site. Residential properties exist around the Site. 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 no proposed impacts to the 0.088 acres of onsite wetlands. There are also two streams totaling 318 linear feet and one pond (1.06 ac.) onsite and only 53 linear feet of temporary stream impact is proposed for the aerial sewer line. Construction fencing will be used to define Ligon Park Page 1 of 2 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 Sewer crossing is a proposed aerial sewer line crossing and will result in 53 linear feet of temporary impact associated with the installation of the aerial sewer line and a temporary stream crossing for equipment access. Additionally, 62 square feet of permanent Zone 1 and 209 square feet of permanent Zone 2 impact are proposed for the permanent piers which will support the aerial line. There are an additional 4,449 square feet of temporary Zone 1 impact and 2,411 square feet of temporary Zone 2 impact also proposed. Mitigation Proposed stream impacts are temporary and proposed buffer impacts are classified as "deemed allowable" or "allowable upon authorization," therefore, compensatory mitigation is not required. 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 4 — NCSHPO Map NCNHP Database Report S&EC PJD Wetland Sketch Map USACE SAW-2021-02668 PJD Concurrence Email Impact Maps Notice of Intent to File a Permit Application "Wcole J. Thomson PWS Sage Ecological Services, Inc. Ligon Park Page 2 of 2 SAGE ECaL0GCCAL SERVICES Wb A 2016 AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Legal Representative Name: Site Investments, LLC By: JV Management, LLC Manager Address: 933 Old Knight Road Knightdale NC 27545 Phone: 919-422-3933 Email: mike.jordan@jvmgmt.net Project Name/Description: Ligon Park Sage Project # 2022.164 Date: September 27, 2022 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: Re: Wetlands and Streams Related Consulting and Permitting To Whom It May Concern: I, the undersigned, the owner or a duly authorized representative of record of the 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 -site 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 10 of the Rivers and Harbors Act of 1899.1 also hereby designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting prior to visiting the site. Sift (Avest"Ot 3(U.0 Jv M&"C004) LLC. y. Site Inv tin nts, LLC y: N Management, LLC Mgr. BY: Michael E. Jordan BY: Print Name of Landowner Signature of owner or or Legal Representative Legal Representative Legend Project Study Area NORTH Map Location USGS Topographic Map Granville Ligon Park Subdivision Franklin Sage Project #2022.164 Orange Durham N • USGS Topo MapServer, 2021 Nash Wake Forest, NC Quadrangle Wake Prepared bv: K. Hamlin 1w Sage Ecological Services, Inc. Office: 919-335-6757 Cell: 919-559-1537 Chatham Johnston Lee Harnett October 17, 2022 1 inch = 1,000 feet 0 1,000 2,000 Feet 4Pli Figure 1 f! 1 ! 1 941 do Ce-D kv W W i VYmD-2 - f :eC2 ff eC-7. Y'y CeC2 CeG2 ,`W . W Cal) _ I ApBNDQ WwF `gr, I mc LwB �1 _ �: INWC ApC2 CeC2`APC� a `a f. Ww VWY Q ` ' ApC2 N k C 1' f GeU t f� f ApC2 - 1NmC2 w A,g. GI[-3 w° wE wwC ` Ap, Gi WwE 1 �G WwF 2 CeC2 WmE A CeB2 ApC Apf3WwF O �y 41 Wa F wwc Wo LUC Wm c, CgC2 '� Pw h' u �F� Ww E ` wwc _ Ap82 rl s. P. P er �pD ��[' WwF APC2 rCeB2 ,�, WwE WwF Heff2 eG 41:s` v. \ wwc /i HeC,r HeC2 3 Cf83 WwF WwF He 1No Hea He( HeC2 + CeG2 ' wwc ,/ WmC2 ''.. �` �._ Well WeC �Snr7fi��w f WmD2 WO WwFAREA HeD WwE 1 Legend kvaz 1 Heaz WnFBz CHj HeC 2 9l ` , — wwc '',, Wo Project Study Area °�� WWE Map Location NRCS Soil Survey Map Figure 2 Granville Ligon Park Subdivision Franklin Sage Project #2022.164 Orange Durham N • Wake County Soil Survey, 1970 SAGE Nash Sheet #14 Wake Prepared by: K. Hamlin Chatham October 17, 2022 Johnston 1 inch = 1,000 feet Sage Ecological Services, Inc. Lee Harnett 0 1,000 2,000 Office:919-335-6757 Feet Cell: 919-559-1537 NCSHPO Data Download: 10-06-2022 hftp://www.ncdcr.gov A ° ��hmnnSrr ° a r�l ingleslde PI V Pop rc 6� ++r 5 jQ a_ I � Y a � Ger yq Werit�ae "srly� �n rr�1e• il, y Raleigh & Gaston Rail Corridor NC0008 -, a$ Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ October 17. 2022 Kim Hamlin Sage Ecological Services, Inc. 3707 Swift Drive Raleigh, NC 27606 RE: Ligon Park Subdivision; 2022.164 Dear Kim Hamlin: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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 N Q U N O O 7 CO FY N c 0 CO C CO N C Q O nCONM N > N —NOC(9 c--0ONO-) ro DNS � O Q N E C Z T CC3 a U o Z �E�Uv � 0 0 0 z a Q J it, 7 CO z U c N D O O 0 C E N W N O� CO T it co z E N � CC) CC) N E o CC)o')D-O FY U co cn N +o W � > �E O >> O O J M Q M } C O � C r. 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Approximations were mapped using Los and ground truthing. If the site is going stailed delineation should be approved and v Co of Engineers as required. If the user of ate map of the regulated features flagged by a NC Reeistered Professional Land Survevor to Matthew Daniels From: Steven Ball <sball@sandec.com> Sent: Tuesday, February 01, 2022 8:21 AM To: Jon Frazier Subject: FW: SAW-2021-02668 (9606 Ligon Mill) PJD Concurrence Attachments: SAW-2021-02668 Wetland Sketch Map.pdf Jon, See below concurrence for this one. Let me know if you have questions. Thanks, Steven Ball, RF, PWS Project Manager INC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, INC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball(@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Monday, January 31, 2022 3:33 PM To: Steven Ball <sball@sandec.com> Cc: Josh Harvey <jharvey@sandec.com> Subject: SAW-2021-02668 (9606 Ligon Mill) PJD Concurrence Dear Steven Ball, Reference is made to Corps Action ID: SAW-2021-02668. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetland Sketch Map" and dated 9/21/2021. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 441-3637 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil o W _ _ LU - w � z w Z ohm- CO cr W -- o o z v a z W w a 0 - Oui W p- o LL — z_U O O S w o o o a'o z��Lm Y ----------------- i L k- -1r17 7 / rao o "off -- o 0 0 0 wwww Lwwwaaaawwaa a a a w I I I I N® 1 W I I I I I 1 f O ill I IIII m� II Z a 'oo o owo o r w wo z o. oo v=¢ n as n oo- `o Y>-H a a Jo.o 3., Z �_ w N o o� J ry ~ o Qwo w = o� z m N w - wI w �z w Z� m w=- COCKo O W Wp- o �� _ o coo N s ti o --- i pLL ss i vt a noo o Lz> �a J w o o o w a a z z zw3 _opo -wo wow 3 - o o - - 5 = = o 0 0 wa= jzo zp o rNE o_ a _Imo ww m �w _ N 3o�� - w p\ o� �=aa I i � ��woo 0 From: Nikki Thomson To: 401 PreFi le Cc: Sean Clark Subject: Ligon Park Subdivision; Wake Forest, Wake Co. Date: Friday, September 23, 2022 6:29:00 PM To whom it may concern Please note this email serves as notification of our intent to submit a permit application for the above referenced project. The site is located at Ligon Mill Road, across from Greenhow Lane in Wake Forest, Wake Co. NC. Real Estate IDs 0217204, 0171746, 0171747 & 0171748 correspond to the 7.09 acre property/project site. It is intended that the applicant will be seeking a NWP 29, GC 4256 and riparian buffer authorization. Thank you. Nikki Nicole Thomson, PWS Sage Ecological Services, Inc. nthomson@sageecological.com (919) 754-7806