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HomeMy WebLinkAbout20230011 Ver 1_ePCN Application_20221222DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 7/29/2022 BIMS # Assigned* Version#* 20230011 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: Browning Mill la. Who is the Primary Contact?* Rick Trone What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* rtrone@withersravenel.com (919)538-8184 Date Submitted 12/22/2022 Nearest Body of Water Buffalo Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.750093 -78.352985 A. Processing Information County (or Counties) where the project is located: Johnston 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: Rhonda and Randy Edwards 2b. Deed book and page no.: 05714/0689 2c. Contact Person: 2d. Address Street Address 2505 Wendell Road Address Line 2 City Wendell Postal /Zip Code 27591 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)449-6437 2g. Email Address:* Iwfcrandy@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Rex Vick Jr - Manager 3b. Business Name: RBV 231, LLC 3c. Address Street Address 3434 Kildaire Farm Road Address Line 2 City Cary Postal / Zip Code 27518 3d. Telephone Number: (919)868-4924 3f. Email Address: * wick@windjamdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Rick Trone 4b. Business Name: WithersRavenel 4c. Address Street Address 115 MacKenan Drive Address Line 2 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)538-8184 4f. Email Address: * rtrone@withersravenel.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Wendell, NC 2. Project Identification 2a. Property Identification Number: 179200-08-7255, 179200-18-7910, 179200- 28-5089, 179200-29-9030,179200-29-8483 2b. Property size: ±106 2c. Project Address Street Address 3709 Wendell Road Address Line 2 City Wendell Postal / Zip Code 27591 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Buffalo 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. 0302020115 4. Project Description and History 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:* Currently the site consists of agricultural fields, a pond, dirt roads, one residential home, and forested areas. Land use in the vicinity is primarily agricultural and residential. 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: 5.71 4g. List the total estimated linear feet of all existing streams on the property: 4,216 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a residential subdivision to help meet the existing and growing demand for residential housing in Johnston and Wake Counties. The project consists of the construction of the following: •82 single-family home lots •Construction of infrastructure (roads, utilities, stormwater management, etc.) 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project consists of the construction of an 82-lot residential subdivision and associated infrastructure (roads, sidewalks, open recreational space, utilities, stormwater management, etc.). The proposed Browning Mill subdivision consists of a ± 106-acre parcel (PINS: 179200-08-7255, 179200-18-7910, 179200-28-5089, 179200-29-9030, 179200-29-8483) located at 3709 Wendell Road, Wendell, Johnston County (Lat: 35.750093; -78.352985). The proposed design for the internal roads will result in two road crossings required to reach developable uplands in the eastern portion of the site. "Street A" will cross Stream 1 (intermittent) perpendicularly with a culvert at the location of an existing farm road crossing situated in uplands between Wetlands C and D. "Street B" will cross Stream 2 (intermittent) at a location between Wetland D and Wetland E. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the streams. Typical earthmoving and construction equipment will be utilized during site construction. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown WR conducted a delineation of the wetlands, streams, and riparian buffers in January and February 2022. 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-2022-01349 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Alyssa Ricci Agency/Consultant Company: WithersRavenel Other: 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? N/A 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 Road Crossing/Grading P Unknown Wetland D Yes Both 0.013 (acres) W2 Dewatering/Const. T Unknown Wetland D Yes Both 0.003 (acres) W3 Rip Rap P Unknown Wetland E Yes Both 0.025 (acres) 2g. Total Temporary Wetland Impact 0.003 2g. Total Wetland Impact 0.041 2i. Comments: Please see attached impact exhibits. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.038 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 Const. Access Temporary Dewatering Stream 1 Intermittent Both 7 Average (feet) 12 (linear feet) S2 Road Crossing Permanent Culvert Stream 1 Intermittent Both 7 Average (feet) 47 (linear feet) S3 Rip Rap Permanent Rip Rap Fill Stream 1 Intermittent Both 7 Average (feet) 17 (linear feet) S4 Const. Access Temporary Dewatering Stream 1 Intermittent Both 7 Average (feet) 5 (linear feet) S5 Coffer Dam Temporary Dewatering Stream 1/Stream 2 Intermittent Both 8 Average (feet) 47 (linear feet) S6 Road Crossing Permanent Culvert Stream 2 Intermittent Both 8 Average (feet) 80 (linear feet) S7 Rip Rap Permanent Rip Rap Fill Stream 2 Intermittent Both 8 Average (feet) 44 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 188 3i. Total stream and ditch impacts: 252 3j. Comments: Please see attached impact exhibits. 3i. Total temporary stream impacts: 64 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: Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands within the site and to work around an existing jurisdictional pond while completely avoiding impacts to the pond. There are no impacts proposed for construction lots, utilities, or stormwater control. All road crossings have been designed to cross streams at the narrowest points, perpendicularly, and at existing crossings (Impact S2), to minimize stream impacts. Wetlands bisect the site and impacts to wetlands are unavoidable to gain access to the eastern side of the site while maintaining internal road connectivity. To minimize impacts to wetlands, both road crossings are proposed to be located where gaps between wetlands exist. The larger of the two crossings is proposed at a location downstream of the confluence of Streams 1 and 2 to minimize stream impacts. The site has been designed around Stream 2, Stream 3 and multiple wetlands located near the southern boundary of the site. No impacts are proposed in this area. Riprap dissipators will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre - construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Upon completion of construction, all temporarily impacted streams will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent functional loss stream impacts total less than the 0.02 ac threshold. The applicant does not propose stream mitigation. Permanent proposed wetland impacts total less than 0.1 ac, therefore, the applicant does not propose wetland mitigation. 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 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. Johnston County Comments: The stormwater management plan consists of engineered plunge pools and vegetated conveyances at discharge locations that prevent erosive flows. No SCM's are proposed. The stormwater management plan will be reviewed and approved by Johnston County as the certified local municipality. 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. Project will not result in any additional development that could impact downstream water quality. 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. Wastewater will be treated by individual septic systems. 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? WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/ to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. WR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC identified that RCW, Neuse River waterdog, Carolina Madtom, Atlantic Pigtoe, Yellow Lance, Dwarf Wedgemussel, and Tar River Spinymussel have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. Site reviews did not identify any potential habitat for RCW, Neuse River Waterdog, Carolina madtom, Atlantic Pigtoe, Yellow Lance, Dwarf Wedgemussel or Tar River Spineymussel. The project is not located within the known range of Michaux's Sumac. The site is located within the known range of several listed aquatic species. The proposed project is located within the Buffalo Creek drainage area, just upstream of Wendell Lake. This impoundment would likely prevent migration of these species to sustain viable populations. Additionally, the perennial stream (Stream 2) within the project area is small and shallow and was not considered potential habitat for Carolina Madtom, Neuse River Waterdog, Atlantic Pigtoe, Dwarf Wedgemussel, or Yellow Lance. Buffalo Creek flows through the extreme southwestern corner of the site however, no impacts are proposed to the creek or its buffers. Therefore, WR concludes that the proposed project will not adversely affect federally listed species or their designated critical habitat. 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?* WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. There are no waters classified as EFH in Johnston County. 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?* WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. SHPO issued a comment letter on October 20, 2021, and indicated they were not aware of any historic resources that would be affected by the proposed project. Note that the SHPO request for review was requested for both Browning Stables and Browning Mill, two adjacent but separate projects. See attached SHPO letter. 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 Flood Maps 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 Cover Letter and Attachments.pdf 19.83MB File must be PDF or KMZ Comments Please see included Cover Letter and Attachments. 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: Rick Trone Signature Date 12/22/2022 -�� WithersRavenel 1 Our People. Your Success. December 22, 2022 US Army Corps of Engineers Regulatory Field Office Mr. Chris Hopper 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Kelsey Rowland 1617 Mail Service Center Raleigh, NC 27699 Re: Browning Mill - NWP 29 PCN Submittal Wendell, Johnston County USACE AID #SAW-2022-01349 WR Project #02210579.10 Dear Mr. Hopper and Ms. Rowland, On behalf of RBV 231, LLC, we are requesting authorization from the USACE to use NWP 29 for the impacts in the table below. We are also requesting a 401 WQC from NC DWR for the below referenced impacts. The following table presents the proposed impacts: Proposed Impact Table Feature Type of Impact Impact Area LF SF AC Stream Permanent (Functional Loss) 127 594 0.014 Stream Permanent (No Functional Loss) 61 282 0.006 Stream Temporary 64 308 0.007 Stream Totals 252 1,184 0.027 Wetland Permanent - 1,660 0.038 Wetland Temporary - 124 0.007 Wetland Totals - 1,784 1 0.045 The proposed total permanent impacts to jurisdictional waters are 0.052 acres (see table below) and therefore the project is eligible for authorization under an NWP 29. Type of Impact Impact Area Stream (Functional 0.014 ac Loss) 127 If Wetlands 0.038 ac 1,660 sf The proposed project consists of the construction of an 82-lot residential subdivision and associated infrastructure (roads, sidewalks, open recreational space, utilities, stormwater management, etc.). 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Browning Mill Wendell, Johnston Co. NWP 29 PCN Submittal ::WithersRavenel Our People. Your Success. The proposed Browning Mill subdivision consists of a ± 106-acre parcel (PINS: 179200-08-7255, 179200-18-7910, 179200-28-5089, 179200-29-9030, 179200-29-8483) located at 3709 Wendell Road, Wendell, Johnston County (Lat: 35.750093;-78.352985). The project is in the Neuse River basin (HUC: 0302020115) and onsite waters drain to Buffalo Creek. The Water Quality Classification for Buffalo Creek is: C; NSW and the Stream Index Number is: 27-57-16(3). Proposed Proiect The purpose of the proposed project is to construct a residential subdivision to help meet the existing and growing demand for residential housing in Johnston and Wake Counties. The project consists of the construction of the following: • 82 single-family home lots • Construction of infrastructure (roads, utilities, stormwater management, etc.) The proposed design for the internal roads will result in two road crossings required to reach developable uplands in the eastern portion of the site. "Street A" will cross Stream 1(intermittent) perpendicularly with a culvert at the location of an existing farm road crossing situated in uplands between Wetlands C and D. "Street B" will cross Stream 2 (intermittent) at a location between Wetland D and Wetland E. Riprap dissipators will be constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of the streams. Proiect History SHPO issued a comment letter on October 20, 2021, and indicated they were not aware of any historic resources that would be affected by the proposed project. Note that the SHPO request for review was requested for both Browning Stables and Browning Mill, two adjacent but separate projects. See attached SHPO letter. WR conducted a delineation of the wetlands, streams, and riparian buffers in January and February 2022. A Jurisdictional Determination request was submitted to the USACE on June 22, 2022. A Concurrence Letter was received from the USACE on October 17, 2022. Johnston County conducted an on -site stream determination on September 2, 2022 and issued a Neuse River Buffer Call Letter on September 6, 2022. Proposed Impacts The proposed impacts consist of: • 0.003 acres of temporary wetland impacts • 127 If of permanent stream impacts with functional loss • 61 If of permanent stream impacts with no functional loss • 64 If of temporary stream impacts Buffer impacts are under the jurisdiction of Johnston County. All proposed permanent stream and wetland impacts are necessary for the installation of two road crossings to access developable uplands in the eastern portion of the site and to work around an existing jurisdictional pond. Page 2 of 4 Browning Mill ■■ WVithersRavenel Wendell, Johnston Co. .. ❑urPeople. Your Success. NWP 29 PCN Submittal "Street A" has been designed to cross Stream 1 perpendicularly at a location where an existing farm road crosses the stream. The 48" RCP culvert will be buried 12" below the stream bed to allow for aquatic life passage. Stream 1 will flow directly into and out of the culvert and no stream realignment is necessary. A riprap dissipator will be installed below the culvert to prevent erosion and sedimentation of downstream waters. The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. A gap exists between Wetlands C and D where most of the road crossing is proposed, however, some permanent wetland impacts will occur on the downstream side of the crossing. "Street B" has been designed to cross Stream 2 perpendicularly at a location where a gap exists between Wetlands D and E. The 48" and 72" RCP culverts will be buried 12" below the stream bed to allow for aquatic life passage. Stream 2 will flow directly into and out of the northern culvert and no stream realignment is necessary. A riprap dissipator will be installed below the culvert to prevent erosion and sedimentation of downstream waters. The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. A gap exists between Wetlands D and E where most of the road crossing is proposed, however, some permanent wetland impacts will occur on the downstream side of the crossing. During construction of the culverted road crossings work will be completed "in the dry" by constructing temporary coffer dams upstream and downstream of the culverts within the impact areas and pumping flow around the construction area. Upon completion of construction, all temporarily impacted streams will be restored to pre -construction contours and the banks will be stabilized using a biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream beds. Additionally, all temporarily impacted wetlands will be restored to natural grade and seeded with a wetland seed mix to provide temporary stabilization until natural revegetation permanently stabilizes these areas. There are no impacts proposed for lots, utilities, stormwater, or greenways. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of two road crossings to access developable uplands within the site and to work around an existing jurisdictional pond while completely avoiding impacts to the pond. There are no impacts proposed for construction lots, utilities, or stormwater control. All road crossings have been designed to cross streams at the narrowest points, perpendicularly, and at existing crossings (Impact S2), to minimize stream impacts. Wetlands bisect the site and impacts to wetlands are unavoidable to gain access to the eastern side of the site while maintaining internal road connectivity. To minimize impacts to wetlands, both road crossings are proposed to be located where gaps between wetlands exist. The larger of the two crossings is proposed at a location downstream of the confluence of Streams 1 and 2 to minimize stream impacts. The site has been designed around Stream 2, Stream 3 and multiple wetlands located near the southern boundary of the site. No impacts are proposed in this area. Page 3 of 4 Browning Mill :: WithefsRavenel Wendell, Johnston Co. ❑urPeople.Your Suaess. NWP 29 PCN Submittal Riprap dissipators will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of stream channel. Upon completion of construction, all temporarily impacted streams will be restored to pre - construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with a riparian seed mix. No matting will be placed on the stream bed. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Mitigation Permanent functional loss stream impacts total less than the 0.02 ac threshold. The applicant does not propose stream mitigation. Permanent proposed wetland impacts total less than 0.1 ac; therefore, the applicant does not propose wetland mitigation. Stormwater Management Plan The stormwater management plan consists of engineered plunge pools and vegetated conveyances at discharge locations that prevent erosive flows. No SCM's are proposed. The stormwater management plan will be reviewed and approved by Johnston County as the certified local municipality. Please feel free to contact me if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Attachments: • PCN Form • Agent Authorization Forms • Aerial Exhibit • USGS Quads • Johnston County Soil Survey • Parcel/Owner Exhibit • Johnston County Soil Survey • Parcel/Property Owner Info • Wetland/Stream/Buffer Delineation Exhibit • USACE Concurrence Email • NCNHP Project Review Letter • USFWS IPaC Species List • SHPO Comment Letter • Preliminary Site Plan • Impact Exhibits Page 4 of 4 ■■ WithersRavenel lipOur People. Your Success. AGENT AUTHORIZATION DocuSign Envelope ID: 7F269C53-70CF-4126-B3FD-OF36E757AB44 10- WithersRavenel A. Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Randy & Rhonda Edwards, do(es) hereby authorize WithersRavenel, Inc. to access the following parcels below, located in Wendell, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. • NC PIN (Johnston Co.): 179200-08-7255, ±25-acre parcel, located near 1488 Stotts Mill Road • NC PIN (Johnston Co.): 179200-18-7910, ±22-acre parcel, located near 1620 Stotts Mill Road • NC PIN (Johnston Co.): 179200-28-5089, ±39.43-acre parcel, located near 3709 Wendell Road • NC PIN (Johnston Co.): 179200-29-9030, ±21.56-acre parcel, located at 3709 Wendell Road • NC PIN (Johnston Co.): 179200-29-8483, ±1.0-acre parcel, located at 1892 Stotts Mill Road This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Contract Purchaser's Agent Info: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 5/16/2022 Date: Signature of Owner(s): Randy Edwards Name - Print Title d - d w-rh Signature 2505 Wendell Rd Mailing Address Wendell NC 27591 City State Zip 9194496437 Phon Email: lwfcrandy@gmail.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington DocuSign Envelope ID: D31 BD229-2261-4030-B9F5-7AE6C1 71230D 10- WithersRavenel A. Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, RBV 231, LLC (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the following parcels, located in Wendell, NC: • NC PIN (Johnston Co.): 179200-08-7255, ±25-acre parcel, located near 1488 Stotts Mill Road • NC PIN (Johnston Co.): 179200-18-7910, ±22-acre parcel, located near 1620 Stotts Mill Road • NC PIN (Johnston Co.): 179200-28-5089, ±39.43-acre parcel, located near 3709 Wendell Road • NC PIN (Johnston Co.): 179200-29-9030, ±21.56-acre parcel, located at 3709 Wendell Road • NC PIN (Johnston Co.): 179200-29-8483, ±1.0-acre parcel, located at 1892 Stotts Mill Road The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone WithersRavenel, Inc. 115 MacKenan Drive NC 27511 Tel. (919)-469-3340 2/28/2022 Date: Signature of Client: Rex Vick Jr. Manager Name - Print) (Title) D-Sig-d y: (Signature) 3434 Kildaire Farm Rd Ste 135 Mailing Address Cary NC 27518 City State Zip Phone: (919) 868-4924 Email: rvick@windjamdevelopment.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT AERIAL (2021) BROWNING MILL NORTH CAROLINA JOHNSTON COUNTY SWAMI .11S131.1 - Sell. LEW 'S vuawernra,...is-wumweaN-04.0o ...191 ....41-011LSO rOLSO-12,2% ::WithersRavenel Our People. Your Success. USGS QUADS sr� o V oo AFM ad NH3d7 tl�v37 � � / ADHARRIS WILSON AD �) y/ i Q 300 t _ o III n n v� aor� ,i f v t C' \Pb 173 i� �•_� WENPELL0.P RD � A b03110, —250 A7.70hj - Cx T W \ c CJC bQ3MY7is- G Z py\YO i/,7b� O 0 300 ZZ 10 Z 7 F \ m Q o (\ fiPGCE ROCR P \\ OH 0350 lyj,3(f o o 0 ao E J s - t �2 \ s KS OR 0 WILEY (l1 1 J � OAKS .1 ,r &�I 3:w DAW CJ U Z Z 0 af m ::WithersRavenel Our People. Your Success. JOHNSTON COUNTY SOIL SURVEY I w0' O N QD r ' W W >� 03 IIAL a 1 Ly s � -, .{ m N co Z 0 r z Q • � ZD ` 1 1 J JC> < ` z U O Z z _ O Z opq O - � 3 t ■ �a�a IL I ::WithersRavenel Our People. Your Success. 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WETLAND/STREAM/BUFFER DELINEATION V � � = Z N Q Q a no J WENOE« `ro Uo W Z O C F 0' vv N �0 Qrm wm A_ G �� W wQr0 Q AFM 2 Nam 2 w 1 \ J z m I W Zo O i N m z Z Q W wocc m !- W W N i w = w c Z w z , w O O w z w LL LL Q I 1\ \\ Z LU 1 \\ Q CC W O W-, Q / I I r� c Q� Q N 2 w N C7 w ccNwm ( W �O >w U- p N Q r o I cca u > W z m a Fzw \ yam O z o W- m U a W N 0[ � W F- a w Z F �� O O OV O y \\ r z =w `' o a oNzo �� �� z p Z N U 2 a 0 26 Q oz zzwa 2 No a0 aLU cVW WZmN �LL oN J� 7 W lL °am o[OUZm W m N W Z z W oa w w Oz NX mZa� � oO z=a> z p[— EL OUW 0¢ ammo ab N z o ?� W do m��owrOZwEdcnoa N 2 aLLaN m O Er OC WOa MEZ2�am W�N >o>°°wz w�O -a�O Ir>af F �oJwOzp>>� z¢� LDLLwov�� F R D a m 9 F OW W m 10 w oramU)o a Z P m 7 W N W O Z>- En mEr 0 LWL ¢_ r w Z w1 D 3 W W a W a J mv~ic�700uiwp w zzaNwz0a aa�zaW F F C,L N J W W Z 7 2 W m OFo W OWN (h V O Z ::WithersRavenel Our People. Your Success. USACE CONCURRENCE LETTER From: Hooper, Christopher D CIV USARMY CESAW (USA) To: Ricci. Alvssa; Rex Vick Jr. Subject: SAW-2022-01349 / Browning Mill / RBV231, LLX / Wendell / Johnston County, NC - DELINEATION CONCURRENCE Date: Monday, October 17, 2022 11:08:50 AM Attachments: SAW-2022-01349 Delineation Exhibit.pdf Dear Alyssa, Reference is made to ORM ID SAW-2022-01349, please reference this number on any correspondence regarding this action. On June 22, 2022, we received information from you requesting the Wilmington District, Regulatory Division review and concur with the boundaries of an aquatic resource delineation. 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, labeled Aquatic Resource Delineation Exhibit and dated 06/20/2022. Regulatory Guidance Letter (RGL) 16-01 his://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". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This 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). Christopher D. Hopper Regulatory Specialist U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 O: (919) 554-4884, Ext. 35 M: (919) 588-9153 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://reQulatory.ops.usace.army.mil/customer-service-survey(. Thank you for taking the time to visit this site and complete the survey. ::WithersRavenel Our People. Your Success. NCN H P PROJECT REVIEW LETTER Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ August 4, 2022 Rick Trone Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Browning Mill; 02210579.10 Dear Rick Trone: ❑. 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. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�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. 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Your Success. USFWS IPaC SPECIES LIST 8/4/22, 3:20 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species %444\, surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Johnston County, North Carolina kO �}�0n1 t nM¢ Local office Raleigh Ecological Services Field Office k. (919) 856-4520 Q (919) 856-4556 https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 1 /16 8/4/22, 3:20 PM MAILING ADDRESS IPaC: Explore Location resources Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 �o� https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 2/16 8/4/22, 3:20 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. -V % Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. 440 -J For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesi and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 3/16 8/4/22, 3:20 PM IPaC: Explore Location resources 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Birds NAME Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Endangered STAT US US Neuse River Waterdog Necturus lewisi . Threatened Wherever found There is final critical habitat for this species. The location of th critical habitat is not available. https://ecos.fws.gov/ecp/species/6772 Fishes NAME .`I STATUS Carolina Madtom Noturus furiosus Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/528 Clams NAME Atlantic Pigtoe Fusconaia masoni Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5164 Endangered STATUS Threatened https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 4/16 8/4/22, 3:20 PM IPaC: Explore Location resources Dwarf Wedgemussel Alasmidonta heterodon Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 Tar River Spinymussel Parvaspina steinstansana Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1392 Yellow Lance Elliptio lanceolate Threatened Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecptspecies/4511 Insects NAME 6NTATUS Monarch Butterfly Danaus plexippus Candidate Wherever found v4 Xb No critical habitat has been designated for this species. https://ecos.fws.gov/ecptspecies/9743 Critical habita0\A*6 Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden Eagle Protection Acts. 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. https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 5/16 8/4/22, 3:20 PM IPaC: Explore Location resources 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gQv//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your t 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. NAME BREEDING SEASON (IFA .............................................................................. BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY ................................................................................... BREED IN YOUR PROJECT AREA ................................................................................................... SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH ................................................................................................... IS A VERY LIBERAL ESTIMATE ............................................................................................ OF THE DATES INSIDE WHICH .............................................................................................. THE BIRD BREEDS ACROSS ITS ................................................................................................. ENTIRE RANGE. "BREEDS ................................................................................ ELSEWHERE" INDICATES THAT ................................................................................................. THE BIRD DOES NOT LIKELY https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 6/16 8/4/22, 3:20 PM IPaC: Explore Location resources Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecptspecies/1626 Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 Breeds May 15 to Oct 10 _N Breeds Mar 15 to Aug 25 Eastern Whip -poor -will Antrostomus vociferus Oft Breeds May 1 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its 1\60) range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 7/16 8/4/22, 3:20 PM IPaC: Explore Location resources Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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: 1. 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 (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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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 ( ) https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 8/16 8/4/22, 3:20 PM IPaC: Explore Location resources 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. To see a bar's survey effort range, simply hover your mouse cursor over the bar. 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. SPECIES JAN FEB MAR Bald Eagle IN 17 Non -BCC ......................... Vulnerable (This is not a ................................... Bird of ................... Conservation ..................................... Concern (BCC) ........................................ in this area, but ............................................ warrants ......................... attention .......................... because of the ......................................... Eagle Act or for ........................................... potential ......................... susceptibilities in offshore areas from. certain types of development r o activities.) ........................ Black -billed Cuckoo BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) ........................................ throughout its ........................................ range in the .................................. continental ................................ USA and ........................ Alaska.) probability of presence breeding season survey effort no data APR MAY JUN JUL AUG SEP OCT NOVWJC W 1 14+ ++++ ++I+ + ++++ ++++ ++++ ++++ I I I I I I I 1 1 1 1 I I I I 1 1 1 1 '.++ ++++ ++++ https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 9/16 8/4/22, 3:20 PM PaC: Explore Location resources Chimney Swift ++++ ++++ +++10 1111 Jill Jill Jill +111 Mill I . . . . . . . . . . BCC Rangewide ........................................... (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) throughout its ....................................... range in the .................................. continental ................................ USA and ....................... Alaska.) pooEaster-rn Whip ++++++++ ++++ ++I+JillJill Jill+ ++++ ++++ ++++ ++++ l BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of .................. Conservation ..................................... Concern (BCC) ........................................ throughout its ........................................ range in the ................................. continental ............................... USA and ....................... Alaska.) ...................... Kentucky . . . . . . . . . . . . . . Warbler " Jill ' + ++++ ++++ ++++ ++++ BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of .............. Conservation 11 Concern (BCC) %OF ........................................ throughout its ........................................ range in the ................................. continental ............................... USA and ....................... Aka - ) Pra irie r ­i-r-..ie warbler I ++++ ++++ ++++ 0+1+ IN . . . . . . . BCC Rangewide ............................................ (CON) (This is a ........... ............................ Bird of .................. Conservation ..................................... Concern (BCC) throughout its ....................................... range in the .................................. continental ................................ USA and ....................... Alaska.) ...................... https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 10/16 8/4/22, 3:20 PM IPaC: Explore Location resources Prothonotary Warbler BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) throughout its ........................................ range in the .................................. continental ................................ USA and ........................ Alaska.) Red-headed Woodpecker BCC Rangewide ............................................ (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) ........................................ throughout its ........................................ range in the .................................. continental ................................ USA and ........................ Alaska.) ...................... Rusty Blackbird BCC - BCR (This ........................................... is a Bird of .............................. Conservation ..................................... Concern (BCC) ........................................ only in ................... particular Bird ........................................ Conservation ..................................... Regions (BCRs) .......................................... in the continent ........................ USA. ") Wood Thrush ++++ ++++ ++++ 1PIPME IMME MEii Boni ii++ ++Mm --- ---- ---- ---- ++++ ++++ +++1 111111111111 1-+++ ++++ ++++ +++ i ++++ 1+++ 111+ 000+ +++ I �, A+ +++I ++++ ++++ ++++ BCC Rangewide ....................................... (CON) (This is a .......................................... Bird of ................... Conservation ..................................... Concern (BCC) throughout its ........................................ range in the .................................. continental ................................ USA and ........................ Alaska.) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 11 /16 8/4/22, 3:20 PM IPaC: Explore Location resources Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Frr _* Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. 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 https://i pac.ecosphere.fws. gov/location/45J5J P3 H LRDXH EYRI KATSRKD24/resources 12/16 8/4/22, 3:20 PM Islands); IPaC: Explore Location resources 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 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 https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 13/16 8/4/22, 3:20 PM IPaC: Explore Location resources more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation — process. THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION. Data limitations 4 \\4 The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation 'IOU% Data exclusions 11 -,4, CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities Wildlife refuges and fish hatcheries REFUGE AND FISH HATCHERY INFORMATION IS NOT AVAILABLE AT THIS TIME https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 14/16 8/4/22, 3:20 PM IPaC: Explore Location resources Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations �0 The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 15/16 8/4/22, 3:20 PM IPaC: Explore Location resources seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. �o� FOB https://ipac.ecosphere.fws.gov/location/45J5JP3HLRDXHEYRIKATSRKD24/resources 16/16 ■■ WithersRavenel lipOur People. Your Success. SHPO COMMENT LETTER North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson October 20, 2021 Troy Beasley WithersRavenel 219 Station Road, Suite 101 Wilmington, NC 28405 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. TBeasley(2withersravenel.com Re: Construct Browning Stables subdivision, 35.756172,-78.352926, Wendell, Johnston County, ER 21-2296 Dear Mr. Beasley: Thank you for your letter of September 20, 2021, regarding the above -referenced undertaking. We have reviewed the submission and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. �Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 GRAPHIC SCALE 0 225 450 1 inch = 450 R. s�.,e 1 � e * �T MIXED HARDWOOD/PINE t — FOREST 4�, Y t a: i n MP.IN HORSE • OLD BARN/HORSE CY ?�r STABLE HORSE 9 (f ' IL T 1 r + � HORSE r fy��s PASTURE �L,-777�� �' mil Lel AGRICULTURAL HOUSE SHEDS 0 FIELD f - HOUSE AGRICULTURAL - - SHED HOUSE & SHED W STORAGE J BARN TOBACCO — m REVIEW AREA TOBACCO DRYERS BARNS Q > HOUSE f l} &SHED $ Imo I,, 0 T` + V z Z10J I J Z z � AGRICULTURAL '*., i'�ry -� O � -- w ` AGRICULTURAL ,•„ '.: - . 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