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HomeMy WebLinkAbout20230018 Ver 1_ePCN Application_20230102DWR 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#* 20230018 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: Green Pines Estates la. Who is the Primary Contact?* Wyatt Brown Brown's Environmental Group, Inc. What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:eads\ztthomas lb. Primary Contact Email:* lc. Primary Contact Phone:* brownenvgrp@gmail.com (919)524-5956 Date Submitted 1/2/2023 Nearest Body of Water Little Buffalo Creek Basin Neuse Water Classification Class C; NSW Site Coordinates Latitude: Longitude: 35.632470 -78.14976 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: J & J Flowers Finch, Inc. 2b. Deed book and page no.: Bk 06267 Pg 0585; Bk 06267 Pg 0585 2c. Contact Person: J & J Flowers Finch, Inc. 2d. Address Street Address 4884 NC Highway 42E Address Line 2 City Clayton Postal /Zip Code 27527 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)524-5422 2g. Email Address: * south hou ndcon struction @g m a il. com 4. Agent/Consultant (if applicable) 4a. Name: Wyatt Brown 4b. Business Name: Brown's Environmental Group, Inc. 4c. Address Street Address 242 Batten Farm Rd Address Line 2 City Selma Postal / Zip Code 27576 4d. Telephone Number: (919)524-5956 4f. Email Address: * brownenvgrp@gmail.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Kenly 2. Project Identification 2a. Property Identification Number: 265800-25-7933; 265800-24-4506 2c. Project Address Street Address NC Hwy 222W Address Line 2 City Kenly Postal / Zip Code 27542 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Little Buffalo Creek 3b. Water Resources Classification of nearest receiving water: * Class 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. 03020201 16 01 4. Project Description and History 2b. Property size: 78.7 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:* Project site consists of approximate 78 acres, located on NC Hwy 222W in Kenly, NC in Johnston County. The site is situated behind existing residential properties along NC Hwy 222W, approximately 0.5 mile south of Beulahtown Rd. Currently the site is entirely undeveloped forestland. Adjacent properties are agricultural use and undeveloped forest. Wetland delineation was completed in May 2022. A Preliminary Jurisdictional Request is included with this submittal. There are two large pine flat wetlands (Wetlands A & B) on site, with a large - approximately 27 acre - upland area between the two wetlands. Stream 1 is present within Wetland A. No streams were found within Wetland B. Stream buffer determination for Stream 1 was conducted by the Johnston Co Dept of Public Utilities. The stream is Not Subject to the NCDWR Neuse River Riparian Buffer rules. An isolated wetland approximately 0.16 acres, is located within the uplands. This area is not connected hydrologically to the wetland areas. 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: 49.6 4g. List the total estimated linear feet of all existing streams on the property: 1937 4h. Explain the purpose of the proposed project: * To construct a 16-Lot residential subdivision with associated roadways, utilities, stormwater management units, and amenities. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Proposed development is a single-family residential subdivision in Kenly, Johnston Co NC. The development will consist of 16 single-family homes, with a single roadway, stormwater measures, utilities, and site amenities. Construction of the roadway will require the crossing of an intermittent stream and wetland to access the upland lots. Construction will consist of temporary dewatering of the stream and installation of a permanent culvert. Typical site construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: tbd 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Wyatt Brown Brown's Environmental Group, Inc. 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name 2e. Forested * 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Road Crossing P Pine Flat Wetland A Yes Both 0.320 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.320 2g. Total Wetland Impact 0.320 2i. Comments: 3. Stream Impacts 3a. Reason for impact CO 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert Stream 1 Intermittent Both 2 Average (feet) 60 (linear feet) S2 Road Crossing Permanent Rip Rap Fill Stream 1 Intermittent Both 2 Average (feet) 12 (linear feet) S3 Road Construction Temporary Dewatering Stream 1 Intermittent Both 2 Average (feet) 23 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 72 3i. Total stream and ditch impacts: 95 3i. Total temporary stream impacts: 23 3j. Comments: Note: Rip Rap dissipater pad installation is a permanent impact of 12 If but does not require mitigation due to installation at or below OHWM. E. Impact Justification and Mitigation 1. Avoidance and Minimization u la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Road is crossing Stream 1 perpendicular, in an area where Wetland A is narrowest. Stream 1 is present throughout the property and therefore crossing impact cannot be avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Construction will be conducted under an approved Erosion & Sediment Control Plan implemented through Johnston County. Construction of road crossing will be in -the -dry and include temporary dewatering. Construction equipment will remain in high ground as much as possible. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Falling Creek Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Riparian wetland 3c. Comments Quantity: 0.64 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 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: Stream channel was determined to be Not Subject to Neuse Buffer Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. Subdivision is a single-phase project and will not result in future expansion or additional impacts. 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? USFWS IPAC Report, Dec 9 2022 (attached) NC Natural Heritage attached 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? * There are no essential fish habitats in Johnston County, NC. 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?* NCSHPO (HPOWEB 2.0) 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?* Johnston County GIS Services (Flood Zone 2018 Data Layer) 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 PCN Attachments 01.02.23.pdf 15.27MB File must be PDF or KMZ Comments This is a first order headwater stream that did not score to be intermittent on the Water Quality buffer determination. 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: Wyatt Brown Signature WCCO2'OX.YG Date 1/2/2023 Green Pines Estates Kenly, Johnston County NC Pre -construction Notification Supplemental Information 1. Agent Authorization 2. Location Map 3. Johnston County Property Ownership Records 4. Aerial Photograph 5. USGS Topographic Map 6. NRCS Soil Survey Map 7. Site Plans/Impact Maps 8. USACE Jurisdictional Determination 9. Johnston County Buffer Determination Letter 10. USFWS IPaC Report 11. NCNHP Report 11/19/22 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mr. Chris Hoppor Re; Green Pines estates, Johnston County 4, the undersigned, a duty authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described (NC Pin # 26,580(I-25-7933) far the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal }urisdictian under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Also, Mr Wyatt Brown of Brown's Environmental Gronp or his suhcontra ctors, Inc has my permission to act as my agent on this property concerning wetlands and streams. 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' E� _ o c EC`� r u Ea _ HY2+' r_ c �v i2 `o tea 3 Ev �t �-- g1C, of =E inC o uti 3� - _ iz w -E� o a�a °fir= s o 3 E 0m"Eo 002' 0 WU' - Nmm U- c 5 `u ¢ m _ azv ° cr m V o - w3 'W; ; - - o G= v 3- o - FO o - N E- ax _ _ 7 Ec °c 2'2 Sv 2v em- C� -- - z r o z 0 _ '�° @ �° � o O m = o m o g a 8 0 2 0 '� o o n r=n'En _ Emt_°aET gy _ �z E' av 01F z F E v - G-16 °¢ O 01«'� °1 a>>,t On °a¢- �� E m v E z m n Oa •. ry m 4 �n o _ N 0 3 x 3 x r cv _ 3�a3 E q w z z - oo rEv �E�„ Yo E o.3 aE `WELL E v ° -�3v _ m $ ep ds c Ev_ ` � H 3 r m a E � 3'v n and ss -m �n v A Q`w ONIM3 3N 1 0 3 JYMMY :UJV,&90Ar9JSAr110r SYMYS7 S-051of A 11798 ;a if M L ki P1 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder ❑ 1. Project Name [PCN Form A2a]: Green Pine estates Begin Date (Date Received): Assign Action ID Number in ORM ❑ 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑✓ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: -78.0 acre tract being used for single family S/D. 4. Property Owner / Applicant [PCN Form A3 or A41: J & J FLOWERS FINCH, INC. 5. Agent / Consultant [PNC Form A5 - or ORM Consultant ID Number] : Wyatt Brown, Brown's Environmental Group, Inc 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location- Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 35.63322,-78.14962, HWY 222 North 8. Project Location -Tax Parcel ID [PCN Form Bla]: 265800-25-7933 9. Project Location- County [PCN Form A2b]: Johnston 10. Project Location - Nearest Municipality or Town [PCN Form A2c]: Kenly 11. Project Information - Nearest Waterbody [PCN Form 132a]: Little Buffalo Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020201 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # L✓J Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 U i--I o y_ (� N W 00 N 00 T p C N w Q O Ncn O ya cn xrr7 OO fn W �-•� -- (` T Ln O O N O O U N = 3 oONo C= N Ln ti oof0oo Ln o o U o o0�- 0 0 .. .. .. .. .. 'O a1 C O T .. .. .. .. .. .. N T N M T N .. .. .. .. .. .. .. ;C N N N N N N O z N N Ul Ul W Ul Ul 0 of O a1 a1 U ~ z 00a> a cEa �zz����� cEa Q Q N N Q Q Q Q Q i 'O O V Lr O N fE N — CO c 0022200 Q a u P r. 71, `J �•i 4. U 4k -V .�/) ling A-.,IWA it t T • t N � N C O> O � I a f • L T f L � f t t aNS RD M r L ' L 1 Q^ b:, To ■ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 4-12-22 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wyatt Brown, Brown's Environmental Group, Inc C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: JOhnSton city: Kenly Center coordinates of site (lat/long in degree decimal format): Lat.: 35.63322 Long.:-78.14962 Universal Transverse Mercator: Name of nearest waterbody: Little Buffalo Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland 35.62805 -78.14878 12.89 ac. wetland 404 Wetland B 35.35.63362 -78.14939 37.28 ac. wetland 404 Stream 1 35.62919 -78.14877 777.5 ft non -wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:aerial, soils. preliminary wetland map 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD WyattDigitally signed by Wyatt Brown Brown Date 2022.11.19141953-05'00' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. urisdictional Determination Reauest US Army Corps of Engineers Wilmington DHStrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegLilator3 PermitProgram/Contact/CouniyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, S, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: not assigned, hwy 222 North City, State: Kenly, NC 27576 County: Johnston Parcel Index Number(s) (PIN): 265800-25-7933 B. REQUESTOR INFORMATION Name: Wyatt Brown Brown's Environmental C-d Mailing Address: 242 Batten Farm Road Selma, NC 27576 Telephone Number: 919-524-5956 Electronic Mail Address: brownenvgrp@gmail.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION' Name: J & J FLOWERS FINCH, INC. Mailing Address: 4884 NC HIGHWAY 42 E CLAYTON, NC 27527-8870 Telephone Number: 919 291 4838 Electronic Mail Address: jordanffinch@gmail.com ' Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See attached letter Print Name Capacity: ✓❑ Owner ❑ Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) PigI intend to construct/develop a project or perform activities on this parcel which would be ned to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02) . ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the • , review area. ✓❑ Size of Property or Review Area —78.0 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS 0 Project Coordinates (Decimal Degrees): Latitude: 35.6532 Longitude:-78.3195 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved) .6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary _lurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) s Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/iurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 0 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary jurisdictional Determination Form' and include the Aquatic Resource Table • A lDs, please complete an Approved jurisdictional Determination Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCWAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FJ Other Assessment Forms www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/`ID/RGL 08-02 App A Prelim JD Form fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-PrograWjurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD) , which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 U C:) y_ (� N �~rr W 00 T N U o r w ¢ N 2e Cn co cn U w d W ozo N p N aU = o o CD o 00O0Nt` 00 O 00 OO tD 't O N i(DM L3tlLl Ln a Ln L GD CD 00 OO a U N 00 00 �t Ln N N CDN O N N 't O O I-- N N L .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 'Z3 i31 C O N N M N �C N N N N N N _ O Z N N Ul (n U) Ul U1 0 of O a1 a1 U N ~ Z 00 a > a a �zz����� 'a 'a 'a 'a 'a mQQ m y N L Q N(D L Q Q Q Q Q i 'a O co 0 fE C C--- O O t; fE N—U) c C OO u L (U w O c � Q � a * O c * d r LCU — W G Q A W Q n N OR w U c O. = r m r U) V) d M x N L II w * y * 2/ c r 0 * O c w a d too � ' u � N N LO N y A F c 7 H r O U O w r V O> Z d fn � rn C J V t J O O O O T C O Q ' J , y y Q Q y } x0 W D r / s t77- � G Ln O w H _ `zkZ3 F- LU O Q w u u D s u � a o � o' w w J u T I ~ e 17 , 1P j U } 0 € RCN R6 A?; _ _ - 5 1 I Ej-.El yi4 syF � ,r -tiy —� .- 6 OI I4 �00 � cn � f (V lzt ,O N � J N E cn N J O) O LO CM LO CYm CO C" 3 0 Cp Ci m c 0 Cn C1 Q N Cn s U) CD N T N � N O M U T C m O 7 (n m C d L LL O -ter ins, � z 111r�[�r�N ir S G) c r o � � C J er 2 i . m z w z w r a 0 �� l —J rem), Preliminary Wetland Map BROWN'S Wetland B 37.04 Acres Isolated Wetland 0.16 acres Stream 1, 777.5 Ift 1938.77 scift„ 0.044 acres ENVIRONMENTAL GROUP, !NC. Man Drawn By Wvatt Brown WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Green Pines Estates City/County: Johnston Sampling Date: 4-23-22 Applicant/Owner: J&J Flowers Finch Inc State: NC Sampling Point: DPB Investigator(s): Wyatt Brown Section, Township, Range: Selma Landform (hillslope, terrace, etc.): wet flat Local relief (concave, convex, none): concave Slope (%): 0.5 Subregion (LRR or MLR,,,. LRR P Lat: 35.6518 Long:-78.3203 Datum: Soil Map Unit Name: Rains NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No X within a Wetland? Yes No Wetland Hydrology Present? Yes X No Remarks: Wetland area is in woodland. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) 0 Sparsely Vegetated Concave Surface (B8) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) ❑l Aquatic Fauna (B13) ❑✓ High Water Table (A2) IJ Marl Deposits (B15) (LRR U) ❑✓ Drainage Patterns (B10) ❑✓ Saturation (A3) ❑❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (B1) LJ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) QSediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑✓ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (67) ❑ FAC-Neutral Test (D5) ✓❑ Water -Stained Leaves (B9) Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 3 inches Saturation Present? Yes X No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DPB Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ft radius ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 80 X FAC- That Are OBL, FACW, or FAC: 4 (A) 2 Acer rubrum 10 FACW Total Number of Dominant 3 Species Across All Strata: 4 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 90 = Total Cover OBL species x 1 = 50% of total cover: 45 20% of total cover: 18 FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1 Acer rubrum 10 X FAC FACU species x 4 = 2 Ligustrum sinense 5 FAC UPL species x 5 = 3 Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. ❑✓ 1 - Rapid Test for Hydrophytic Vegetation 7. ✓ 2 -Dominance Test is >50% 8. ❑ 3 - Prevalence Index is :53.0' 15 = Total Cover a Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 8 20% of total cover: 3 Herb Stratum (Plot size: 30 ft sq. ) 'Indicators of hydric soil and wetland hydrology must 1 Sensitive fern 30 X FACW be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 30 = Total Cover 50% of total cover: 15 20% of total cover: 6 Woody Vine Stratum (Plot size: ) 1 Smilax laurifolia 20 X FACW 2. 3. 4. 5. Hydrophytic 20 = Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes X No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: DPB Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-3 10YR 2/1 100 SL 3-14 10YR 2/2 100 SCL 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': .❑ Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) .❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) .❑ .❑ Black Histic (A3) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) (LRR O) Loamy Gleyed Matrix (F2) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) Layers (A5) ✓ Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) .❑Stratified Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) ❑ (MLRA 153B) Q 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF12) .❑ 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) .❑ Depleted Below Dark Surface (Al 1) Depleted Ochric (F11) (MLRA 151) .❑ Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and .❑ Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, .❑ Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. .❑ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) .❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) .❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Green Pines Estates City/County: Johnston Sampling Date: 4-23-22 Applicant/Owner: J&J Flowers Finch Inc State: NC Sampling Point: DPI Investigator(s): Wyatt Brown Section, Township, Range: Selma Landform (hillslope, terrace, etc.): wet flat Local relief (concave, convex, none): concave Slope (%): 0.5 Subregion (LRR or MLR,,,. LRR P Lat: 35.63104 Long:-78.14977 Datum: Soil Map Unit Name: Lynchburg NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No X within a Wetland? Yes No Wetland Hydrology Present? Yes X No Remarks: Wetland area is in woodland. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) 0 Sparsely Vegetated Concave Surface (B8) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) ❑l Aquatic Fauna (B13) ❑✓ High Water Table (A2) IJ Marl Deposits (B15) (LRR U) ❑✓ Drainage Patterns (B10) ❑✓ Saturation (A3) ❑❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (B1) LJ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) QSediment Deposits (B2) ❑ Presence of Reduced Iron (C4) Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) _❑✓ ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑✓ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (67) ❑ FAC-Neutral Test (D5) ✓❑ Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 3 inches Saturation Present? Yes X No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DPI Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ft radius ) % Cover Species? Status Number of Dominant Species 1 Liquidambar styraciflua 40 X FAC- That Are OBL, FACW, or FAC: 4 (A) 2 Acer rubrum 30 FACW Total Number of Dominant 3 Pinus taeda 20 FAC Species Across All Strata: 4 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 90 = Total Cover OBL species x 1 = 50% of total cover: 45 20% of total cover: 18 FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1 Acer rubrum 20 X FAC FACU species x 4 = 2 Liquidambar styraciflua 10 FAC UPL species x 5 = 3 Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. ❑✓ 1 - Rapid Test for Hydrophytic Vegetation 7. ✓ 2 -Dominance Test is >50% 8. ❑ 3 - Prevalence Index is :53.0' 30 = Total Cover a Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30 ft sq. ) 'Indicators of hydric soil and wetland hydrology must 1 Arundinaria gigantea 30 X FACW be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 30 = Total Cover 50% of total cover: 15 20% of total cover: 6 Woody Vine Stratum (Plot size: ) 1 Smilax laurifolia 20 X FACW 2. 3. 4. 5. Hydrophytic 20 = Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes X No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: DPI Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-3 10YR 2/2 100 SL 3-14 10YR 4/2 100 SCL 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': .❑ Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) .❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) .❑ .❑ Black Histic (A3) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) (LRR O) Loamy Gleyed Matrix (F2) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) Layers (A5) ✓ Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) .❑Stratified Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) ❑ (MLRA 153B) Q 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF12) .❑ 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) .❑ Depleted Below Dark Surface (Al 1) Depleted Ochric (F11) (MLRA 151) .❑ Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and .❑ Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, .❑ Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. .❑ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) .❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) .❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Green Pine estates City/County: Johnston Sampling Date: 4-23-22 Applicant/Owner: J&J Flowers Finch Inc State: NC Sampling Point: DPUP Investigator(s): Wyatt Brown Section, Township, Range: Selma Landform (hillslope, terrace, etc.): wet flat Local relief (concave, convex, none): none Slope (%): 0.0 Subregion (LRR or MLR,,,. LRR P Lat: 35.63260 Long:-78•14922 Datum: Soil Map Unit Name: Goldsboro NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X X within a Wetland? Yes No Wetland Hydrology Present? Yes No X Remarks: Upland data point in wheat field HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) ❑ Surface Soil Cracks (B6) ❑ Sparsely Vegetated Concave Surface (B8) Primary Indicators (minimum of one is required: check all that apply) ❑ Surface Water (Al) ❑l Aquatic Fauna (B13) ❑ High Water Table (A2) IJ Marl Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (B1) ❑ Oxidized Rhizospheres along Living Roots (C3) ❑ Dry -Season Water Table (C2) QSediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (67) ❑ FAC-Neutral Test (D5) a Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DPUP Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ft radius ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 70 X FAC That Are OBL, FACW, or FAC: (A) 2 Liquidambar styraciflua 10 FAC Total Number of Dominant 3 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 80 = Total Cover OBL species x 1 = 50% of total cover: 40 20% of total cover: 16 FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1 Liquidambar styraciflua 20 X FAC FACU species x 4 = 2 Ilex decidua 10 FACW UPL species x 5 = 3 Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. ❑ 1 - Rapid Test for Hydrophytic Vegetation 7. ❑ 2 - Dominance Test is >50% 8. ❑ 3 - Prevalence Index is :53.0' 30 = Total Cover ❑ Problematic Hydrophytic Vegetation (Explain) 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30 ft sq. ) 'Indicators of hydric soil and wetland hydrology must 1 Arundinaria gigantea 20 X FAC be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling/Shrub — Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb — All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11. height. 12. 20 = Total Cover 50% of total cover: 10 20% of total cover: 4 Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation Present? Yes No X 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 SOIL Sampling Point: DPUP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-5 10YR 3/3 100 SL 5-12 10YR 5/4 100 SCL 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': .❑ Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) .❑ Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) .❑ .❑ Black Histic (A3) Hydrogen Sulfide (A4) Loamy Mucky Mineral (F1) (LRR O) Loamy Gleyed Matrix (F2) _❑ Reduced Vertic (F18) (outside MLRA 150A,B) _❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) Layers (A5) Depleted Matrix (F3) 0 Anomalous Bright Loamy Soils (F20) .❑Stratified Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) ❑ (MLRA 153B) Q 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF12) .❑ 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) .❑ Depleted Below Dark Surface (Al 1) Depleted Ochric (F11) (MLRA 151) .❑ Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and .❑ Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, .❑ Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. .❑ Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B) .❑ Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) .❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) .❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 DEPARTMENT OF PUBLIC UTILITIES PO BOX 2263 SMITHFIELD, NC 27577 (919) 989-5075 November 22, 2022 Wyatt Brown Brown's Environmental Group, Inc. 242 Batten Farm Rd Selma, NC 27504 Subject: Neuse River Buffer Call NBR# NB 22-024 Project Name: Green Pine Estates (NC Pin# 265800-25-7933) Location / Directions: Behind 3120 NC Hwy 222 W Subject Stream: F-A UT to Little Buffalo Creek (C; NSW) Determination Date: November 22, 2022 Staff. Charles Pender Not Soil USGS Latitude Longitude Feature Subject Subject Start @ Stop @ Survey Topo (Dec. (Dec. Degrees) Degrees) F-A ® ❑ n/a n/a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. There may be other streams located on your property that do not show up on the maps referenced above but still may be considered jurisdictional according to the US Army Corps of Engineers and/or the North Carolina Division of Water Resources. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by Johnston County may request a determination by the Director of the Division of Water Resources c/o the 401 and Buffer Permitting Unit, or its successor. An appeal request must be made within sixty (60) days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director must be submitted in writing with a copy of this letter to: North Carolina Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 This determination is final and binding unless, as detailed above, a request for an appeal has been made in writing within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919) 554-4884 and the Division of Water Resources 401 & Buffer Permitting Unit at (919) 791-4200. If you have any questions regarding this determination, please feel free to contact Charles Pender at (919) 209-8333 or via email at charles.pender@johnstonnc.com. Sincerely, Charles Pender, Jr. Engineering and Environmental Technician ti -ii :ik di MwXLMO ' - � bra � i '. rf•Y .�q� �� �• • . _ .. r � .ea : r .. i•�• P. .. •, . :• err. _ .. :.r . , �:3 :�:• "fir". ..r �:1 --_}:4 .,i �. i �..•: � + ti• e s . , ..I `; `• , — —. • .. — .: .... _ _ . ..—...—. • . ,� �� :fit, _ lm dd I. .16 Ap ±"•}{ r-• :r. d:'' i � _ . Fes' a afr. .. . . 1p Or }����y}j' a � - _ - }� r +.. ''sus• L " . �"3R� ' F� O r -... - i ;, ' •R,. SLY +�. .. ..� .: . � x F. r ��� lR; �� " �•I .n 12/9/22, 10:48 AM IPaC IPaC: Explore Location resources 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 iikelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. N k 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 I"," Johnston County, North Carolina 0 r, fiC'u ' Local office Raleigh Ecological Services Field Office t. (919) 856-4520 JEJ (919) 856-4556 MAILING ADDRESS Post Office Box 33726 https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 1/12 12/9/22, 10:48 AM Raleigh, NC 27636-3726 IPaC: Explore Location resources PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 �o� FOB o G https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 2/12 12/9/22, 10:48 AM IPaC: Explore Location resources Endangered species 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. N 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. 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 species 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). 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. https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 3/12 12/9/22, 10:48 AM IPaC: Explore Location resources The following species are potentially affected by activities in this location: Mammals NAME Tricolored Bat Perimyotis subflavus Wherever found No critical habitat has been designated for this species https://ecos.fws.gov/ecp/species/10515 Birds nI&IM-11 Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecplspecies/7614 STATUS Proposed Endangered STATUS Endangered 00( Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Threatened Wherever fou nd C There is final critical habitat for this species. Your location does not overlap the critical habitat. https:/Iecos.fws.govlecpl species/6772 Fishes NAME STATUS Carolina Madtorn Noturus furiosus Endangered V,af erever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/528 Clams NAM E STATUS Atlantic Pigtoe Fusconaia masoni Threatened Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/5164 https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 4/12 12/9/22, 10:48 AM 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 Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1392 Yellow Lance Elliptio lanceolata Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.govfec plspeci es/4511 I n sects Endangered Threatened NAME kTATUS Monarch Butterfly ❑anaus plexippus Candidate Wherever found _ No critical habitat has been designated for this species. https://ecos.fws.gov/ecpLspecies/9743 Critical habitats 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 Act! 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. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 5/12 12/9/22, 10:48 AM IPaC: Explore Location resources Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov//program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/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 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. 11�r% 0 41 NAME Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCQ 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. Probability of Presence Summary 11220MIMM&TSH Breeds Mar 15 to Aug 25 Breeds May 1 to Jul 37 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 (■) https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 6/12 12/9/22, 10:48 AM IPaC: Explore Location resources 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 ba r. } � i Breeding Season( } Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 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. https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 7/12 12/9/22, 10:48 AM IPaC: Explore Location resources probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN IUL AUG SEP OCT NOV DEC Chimney — — — — . —• - —III Ilk —ill 111111111111---- —..— ---. ---- Swift BCC Rangewide (CON) Prairie Warbler •---- ---- —�-- IIII IIII IIII ---- ---- -- • — —� • ---- BCC Rangewide (CON) Tell me more about conservation measures I Can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoidingtheir 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 maybe 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 blyds that potentially occur in my specified location? owl 'k 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 foryour project is derived from data provided by the Avian Knowledge Network cAKN). 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 vulnerabilityto offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list 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. https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 8/12 12/9/22, 10:48 AM IPaC: Explore Location resources How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation regions (BC -Rs) in the continental USA; and 3. "Nor} -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 implementto Yelp avoid and minimize migratory bird impacts and requiCements 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 wehpage. 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 Stub 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 https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 9/12 12/9/22, 10:48 AM IPaC: Explore Location resources migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. on the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System,_1O(\0 Projects within the John K Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on Federal expenditures and financial assistance and the consultat}on requirements of the Coastal Barrier Resources Act (CBRA) (15 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 The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted an 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 Data exclusions 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. https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 10/12 12/9/22, 10:48 AM IPaC: Explore Location resources Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location.00e\ t— A. Wetlands in the National Wetlands nventory (NWI) t_jI--' Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 444 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. V*.-I41 This location did not intersect any wetlands mapped by NWI. NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations 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 https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 11/12 12/9/22, 10:48 AM IPaC: Explore Location resources 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 seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 01?-*Ib �O https://ipac.ecosphere.fws.gov/location/4AUSLXAB2VEURH4UPPXLMAGGZ4/resources 12/12 Roy Cooper, Governor ■ ■■■ ■■ ■ INC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■ November 29. 2022 wyatt brown Brown's Environmental Group, inc 242 Batten Farm Road Selma, NC 27576 RE: Green Pine Estates Dear wyatt brown: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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