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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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
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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
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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
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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
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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
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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
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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
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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. NC 27609
OFC 919.707.9120 • FAX 919.707.9121
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