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HomeMy WebLinkAbout20221682 Ver 1_ePCN Application_20221128DWR 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: 10/17/2022 BIMS # Assigned* Version#* 20221682 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington Information for Initial Review la. Name of project: Easley's Pond Subdivision 1a. Who is the Primary Contact?* Meritage Homes — Raleigh Division (Attn: Greg Hoff) lb. Primary Contact Email:* lc. Primary Contact Phone:* Greg.hoff@meritagehomes.com (919)926-2688 Date Submitted 11/28/2022 Nearest Body of Water Black River Basin Cape Fear Water Classification C, Sw, ORW Site Coordinates Latitude: Longitude: 35.490796 -78.736339 A. Processing Information County (or Counties) where the project is located: Harnett 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 lh. 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: EASLEY PROPERTIES LLC 2b. Deed book and page no.: DB: 3355, PG: 0778 2c. Contact Person: Jefferson Easley 2d. Address Street Address 1660 8TH Street Drive NW Address Line 2 City Hickory Postal /Zip Code 28601-2354 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)926-2688 2g. Email Address: * Greg.hoff@meritagehomes.com 3. Applicant Information (if different from owner) 3a. Name: Greg Hoff 3b. Business Name: Meritage Homes - Raleigh Division 3c. Address Street Address 3300 Paramount Parkway Address Line 2 Suite 120 City Raleigh Postal / Zip Code 27560 3d. Telephone Number: (919)926-2688 3f. Email Address: * Greg.hoff@meritagehomes.com 4. Agent/Consultant (if applicable) 4a. Name: George Buchholz 4b. Business Name: Colliers Engineering and Design 4c. Address Street Address 2000 Regency Parkway Address Line 2 Suite 295 City Cary Postal / Zip Code 27518 4d. Telephone Number: (919)475-3874 4f. Email Address: * George.buchholz@colliersengineering.com C. Project Information and Prior Project History State / Province / Region North Carolina Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) Easley's Pond Subdivision lc. Nearest municipality / town: Town of Angier 2. Project Identification 2a. Property Identification Number: 0673-83-7341 2b. Property size: 53.7 2c. Project Address Street Address located along NC 55 Address Line 2 City Town of Angier Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Black River 3b. Water Resources Classification of nearest receiving water: * C, Sw, ORW 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. 030300060101 4. Project Description and History State / Province / Region North Carolina 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 Proposed Project is located along NC 55, in between NC 55 and Old Buies Creek Road (State Route 1542). NC 55 lies along the eastern property boundary and Old Buies Creek Road lies along western property boundary. Located immediately adjacent to the north of the Proposed Project is a commercial business, and located to immediately adjacent to the south are residential properties that contain residential structures, agricultural fields and a pond. Currently, the Proposed Project consists of active agricultural operations (i.e. soybean and sod crops), small forested areas, and a pond feature that discharges to the east. 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: 0.296 4g. List the total estimated linear feet of all existing streams on the property: 147 4h. Explain the purpose of the proposed project: * The purpose and need of the Proposed Project is to construct an affordable and family friendly residential subdivision (known as the Easley's Pond Subdivision) with community cohesion and the necessary amenities and infrastructure within the Town of Angier which is experiencing a population increase. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project proposes a total of 152 residential lots that will be constructed in two (2) phases. Access to the Proposed Project will be achieved from NC 55 and Old Buies Creek Road. The Proposed Project will include amenities (i.e. pedestrian walkways, landscape gardens, park, play areas, etc.) and open space areas. The Proposed Project is an independent and stand alone project which will contain it's own public utilities which are proposed to connect to the Town of Angier public water, sewer, and storm systems. A pump station is also proposed within the southeastern section of the Proposed Project. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown On December 1, 2021, Spangler Environmental Inc., submitted to the U.S. Army Corps of Engineers (USACE) a Preliminary Jurisdictional Request (PJD) on behalf of Meritage Homes. On September 3, 2022, the USACE issued a Jurisdictional Determination Concurrence Email and assigned the following project number: USACE Action ID SAW-2021-02601. Subsequently, Meritage Homes engaged Colliers Engineering and Design (CED) for permitting services associated with the project, and after further consideration, Meritage Homes requested from the USACE an Approved Jurisdictional Determination (AJD) on September 28, 2022. On October 24, 2022, CED requested withdrawal of the AJD. Instead, a PJD Request is now being submitted with this Pre -Construction Notification (PCN) submission. 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-2021-02601 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George Buchholz Agency/Consultant Company: Colliers Engineering and Design Other: Spangler Environmental Inc. also delineated the wetlands 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. The Proposed Project is divided into two (2) phases, in which, Phase 1 is located to the south and will include the construction of 74 residential lots and a pump station, and Phase 2 is located to the north and will include the construction of 78 residential lots. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Fill (Inc!. Riprap) P Headwater Forest Wetland 1 No Both 0.015 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.015 2i. Comments: 2g. Total Permanent Wetland Impact 0.015 A road (White Birch Lane) is proposed to cross and ephemeral maintained ditch within the west central section of the project site as the road extends from Phase 1 to Phase 2. Wetland 1 (PEM; W-1) is located in this area and receives hydrology from the adjacent agricultural fields and from Old Buies Creek Road. Hydrology enters into Wetland 1 and is directed into an ephemeral maintained ditch located immediately adjacent down gradient. The proposed road crossing is required to provide a road network within the Proposed Project and will provide connection between Phases 1 and 2; thereby, allowing access to the amenities located within each phase and to provide multiple points of ingress and egress for vehicular traffic in case of emergencies. Construction of the road will require the installation of culverts within the ephemeral -maintained ditch and grading into Wetland 1 in order maintain positive drainage from Old Buies Creek Road. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Crossing/ Culvert Permanent Culvert Stream 1 Intermittent Both 3 Average (feet) 57 (linear feet) S2 Crossing/ Culvert Temporary Culvert Stream 1 Intermittent Both 3 Average (feet) 6 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 57 31. Total stream and ditch impacts: 63 3i. Total temporary stream impacts: 6 3j. Comments: As part of constructing the Proposed Project, the North Carolina Department of Transportation (NCDOT) requires widening of NC 55 for the installation of a sidewalk along NC 55. Stream 1 (Intermittent Stream; S-1) is located in eastern section of the project site in between a 4.6-acre pond and NC 55. The pond discharges to the east into the stream feature, and the stream feature discharges east into a culvert under NC 55. The requirement from NCDOT of widening of NC 55 with the addition of a sidewalk will require impacting Stream 1. 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: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design phase of the Proposed Project. The proposed impacts result in the least impacts to Waters of the U.S. while meeting the purpose and need. The Applicant has avoided and minimized impacts to the greatest extent practicable given the purpose, need, and goals of the Proposed Project. The proposed impacts are required in order for the Proposed Project's goals to be achieved. A variety of alternatives were examined; however after further analysis of these alternatives, it was determined that there would be several impacts to Waters of U.S. and wetlands (see attached PCN Document, Section 3.2). The Preferred Alternative was ultimately chosen since it was deemed suitable in achieving the purpose and need of the Proposed Project while at the same time avoiding and minimizing impacts to Waters of U.S. and wetlands. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional Waters of the U.S. and wetlands will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional Waters of the U.S. and wetlands will be carried to completion in an expeditious manner to minimize the period of disturbance. The Proposed Project has minimized the possibility of indirect impacts through implementation of planning practices which reduce the influence of direct impacts on downstream water quality. Efforts to reduce indirect impacts generally include: 1. Avoidance/minimization of direct wetlands/waters impacts through innovative site planning and utilization of confirmed wetland delineation 2. Avoidance/minimization of partial wetland/stream impacts 3. Avoidance/minimization of impacts to primary drainage ways and floodplains 4. Strict adherence to all state and local stormwater and sediment control measures 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Based on the current project layout, potential indirect impacts to downstream waters could still occur to Black River. To mitigate for this, stormwater ponds are proposed and have been sized, such that, post -development peak flow rates are no greater than pre -development levels in the 1, 10 and 100- year storm events. Stormwater ponds have been located to disperse run-off in a manner that is consistent with pre -development drainage patterns. As the ponds will be detention facilities, run-off will still be discharged during smaller rain events with volumes similar to pre -development rates. The pond drawdown outlets will also have mechanisms for diffuse flow to prevent erosion due to point discharge. An Erosion and Sediment Control (E&S) Plan that meets the latest State and local regulations and adheres to the methodology prescribed in the North Carolina Sedimentation and Pollution Control Act of 1973 will be utilized. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Stormwater management facilities have been strategically placed within natural drainageways to manage and treat runoff before discharging into down gradient waters in order to protect waters from degradation. Therefore, the construction of the Proposed Project should have little, to no, effect on downstream waters, shellfish or other aquatic species. 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: There will be a total of 57.59 linear feet (0.004 AC) of permanent streambed impact associated with a road widening of NC 55 for the installation of a sidewalk along NC 55. In addition, there will be a total of 0.015-acres of permanent wetland impact associated with the construction of road crossing which will require grading into the wetland in order maintain positive drainage from Old Buies Creek Road. The total wetland and stream impacts are below the threshold limits in which compensatory mitigation is required. Therefore at this time, the Applicant does not propose to compensate for unavoidable permanent wetland and stream impacts. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Project is located within the Cape Fear River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Town of Angier Comments: Phase 1 will utilize stormwater control measure SCM #2A to manage runoff. SCM #2A will be a dry pond used to treat and attenuate flows for Phase 1. Erosion control will use SCM #2A as a sediment basin before it is converted to a dry pond. Phase 2 will utilize stormwater control measure SCM #1A to manage runoff. SCM #1A will be a dry pond used to treat and attenuate flows for Phase 1. Erosion control will use SCM #1A as a sediment basin before it is converted to a dry pond. 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. The Proposed Project (Phases 1 and 2) is a single and complete project with appropriate land use control measures in place for specific areas which require them. The Proposed Project is an independent and stand alone project which will contain it's own public utilities which are proposed to connect to the Town of Angier public water, sewer, and storm systems. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved? * Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review of publicly available databases regarding the potential occurrence of federally protected species was conducted. Initially, a USFWS List of Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species for Harnett County was reviewed. A refined search, using the USFWS Information for Planning and Consultation (IPaC) database, was also reviewed to provide a more detailed list of species and critical habitat under USFWS jurisdiction that are known or expected to occur on or near the Proposed Project (USFWS IPaC, ). The following are descriptions of the habitat for the species listed in the IPaC review: Red -cockaded woodpecker (Picoides borealis) - Endangered: Red -cockaded woodpeckers require open pine woodlands and savannahs with large old pines for nesting and roosting habitat (clusters). Large old pines are required as cavity trees because the cavities are excavated completely within inactive heartwood, so that the cavity interior remains free from resin that can entrap the birds. Also, old pines are preferred as cavity trees, because of the higher incidence of the heartwood decay that greatly facilitates cavity excavation. Cavity trees must be in open stands with little or no hardwood midstory and few or no overstory hardwoods. Hardwood encroachment resulting from fire suppression is a well-known cause of cluster abandonment. Redcockaded woodpeckers also require abundant foraging habitat. Suitable foraging habitat consists of mature pines with an open canopy, low densities of small pines, little or no hardwood or pine midstory, few or no overstory hardwoods, and abundant native bunchgrass and forb groundcovers. Species -specific surveys can be performed year-round; however, optimal time to survey is generally November to early March. Agricultural areas comprise 95% of the Proposed Project and are within active agricultural use with soybean and sod crops. The Maintained/Disturbed Areas also contains a pond that is used for irrigation purposes for the agricultural fields. The remaining percentage of land consists of small fringe Dry-Mesic Oak -Hickory Forest communities located within the southern and eastern sections of the Proposed Project. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the red -cockaded woodpecker. American alligator (Alligator mississippiensis) — Threatened (Similarity of Appearance): Alligators live in swampy areas, rivers, streams, lakes and ponds. Females and juveniles occasionally use seasonal wetlands, such as Carolina Bays. Although they are primarily freshwater animals, alligators will also venture into brackish salt water. There is a 4.6-acre pond that is used for irrigation purposes located within the Proposed Project. The pond is not swampy, nor is it a Carolina Bay. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the American alligator. Atlantic pigtoe (Fusconaia masoni) - Threatened: The Atlantic pigtoe is dependent on clean, moderate flowing water with high dissolved oxygen content in creek and riverine environments. Historically, the best populations existed in creeks and rivers with excellent water quality, where stream flows were sufficient to maintain clean, silt -free substrates. Because this species prefers more pristine conditions, it typically occurs in headwaters and rural watersheds. It is associated with gravel and coarse sand substrates at the downstream edge of riffles, and less commonly occurs in cobble, silt, or sand detritus mixtures. The Proposed Project does contain one (1) intermittent (Intermittent Stream; S-1) which receives discharge from the irrigation pond. The stream then discharges east into a culvert under NC 55. Based on the delineation conducted for the Proposed Project, the intermittent stream (S-1) has weak in -channel structure (i.e. riffle -pool sequencing). In addition, stream contained moderate to heavy sedimentation from the irrigation pond. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the Atlantic pigtoe. Monarch butterfly (Danaus plexippus) - Candidate: In many regions where monarchs are present, monarchs breed year-round. Individual monarchs in temperate climates, such as eastern and western North America, undergo long-distance migration, and live for an extended period. In the fall, in both eastern and western North America, monarchs begin migrating to their respective overwintering sites. In early spring (February -March), surviving monarchs break diapause and mate at the overwintering sites before dispersing. Milkweed is the host plant for monarchs and is the lone plant on which the butterflies lay their eggs in spring and the only food source for monarch larvae. It should be noted that the monarch butterfly has been listed as a candidate species by the USFWS within the lower 48 states of the US. At this time this species is not afforded any specific legal protection, however, final determination of federal status and applicable regulations surrounding it should be monitored and addressed if listing occurs prior to construction. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the monarch butterfly. Rough -leaved loosestrife (Lysimachia asperulaefolia) - Endangered: All of the known rough -leaved loosestrife populations occur in the coastal plain or sandhills physiographic provinces of NC and SC. According to the Recovery Plan (USFWS 1995), this species is typically found in the ecotone between longleaf pine or oak savannas and wetter, shrubby plant communities growing on moist sand or peat. These habitats are typically maintained in an open condition by periodic fires and are often dominated by longleaf pine (Pinus palustris). Rough -leaved loosestrife is typically associated with six natural community types: low pocosin, high pocosin, wet pine flatwoods, pine savanna, stream head pocosin and sandhill seep. It is also found in peaty pond margins and disturbed sites such as roadside depressions, powerline rights -of -way and firebreaks. There are two (2) wetland features located within the Proposed Project. There is a palustrine emergent wetland (PEM; W-1) located within the west central section of the Proposed Project and a palustrine forested wetland (PFO; W-2) located along the southern property boundary. Wetland 1 would be considered a Headwater Emergent Wetland while Wetland 2 would be considered a Headwater Forested Wetland. Neither of these wetlands would be considered a low pocosin, high pocosin, wet pine flatwoods, pine savanna, stream head pocosin, or a sandhill seep. Wetland 1 is a highly disturbed wetland that is maintained and contained large concentrations of clay at depths of 10 to 16 inches below the soil surface. Wetland 2 is located on the fringe of a pond feature that is located off -site to the south of the Proposed Project. The soils were not peaty at Wetland 2. Wetland 2 contained large concentrations of clay at depths of 8 to 16 inches below the soil surface. Therefore, it is believed that a biological opinion of "No Effect" should be rendered for the rough -leaved loosestrife. Based on a review of the Proposed Project, CED believes that the proposed project is not likely to adversely affect any federal -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act. 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? * see 5j above. https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Information was gathered as part of the desktop review to identify previously recorded cultural resources within a 1-mile radius of the Proposed Project. The background review consisted of a cultural resources and literature review of the project area. Qualified personnel visited the Division of Historical Resources, Office of State Archaeology within the North Carolina Department of Natural and Cultural Resources on October 7, 2022 to review data for any previously recorded surveys, historic or prehistoric sites, and cemeteries located in or near the Project. Additionally, the NC Historic Preservation Office's HPOWEB viewer, a public online database, was viewed to identify publicly available information on historic structures, historic districts, and NRHP-listed properties located in or near the project. Site files, relevant maps, aerial photographs, topographic maps, and the NRCS Web Soil Survey were also examined for historical and environmental information related to the Proposed Project. The background review revealed that the project area has not been previously surveyed for cultural resources. However, there were four surveys conducted within a 1-mile (1.6-km) radius of the project area. These surveys were conducted between 1977 and 2003 for various highway, water line, and sewer line projects and were investigated by the Department of Social Science, St. Andrew College, Robert J. Goldstein and Associates, and independent researchers, respectively. Based on the review, there are no cultural resources documented within or adjacent (within 300-feet) to the project area. However, there are an additional 38 cultural resources located within a 1-mile radius of the project area. These include 2 churches, 1 historic district, 2 schools, 3 isolated finds, 2 lithic scatters, 5 unknown prehistoric site, and 23 historic structures. Of these, 23 are ineligible for listing in the National Registry of Historic Places (NRHP) and 15 have an unknown status. Based on the review performed, it is believed that historic or archeological resources eligible for listing in the NRHP will not be impacted by the Proposed Project. 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?* The Subject Property does not contain a floodplain or flood way area according to FEMA Floodplain Panel Map 3720066200J. 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 Pre -Construction Notification - Easley's Pond Subdivision - 2022-11-28 - 21004536A.pdf 14.28MB Phase 2 Full Set.pdf 40.17MB 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: George Buchholz Signature Date 11/28/2022