Loading...
HomeMy WebLinkAbout20230058 Ver 1_ePCN Application_20230110DWR 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: 6/22/2022 BIMS # Assigned* Version#* 20230058 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Zachary Thomas:eadstztthomas:zachary.thomas@ncdenr.gov Information for Initial Review la. Name of project: Dickens Road la. Who is the Primary Contact?* Anthony Parker 1 b. Primary Contact Email:* lc. Primary Contact Phone:* APARKER@CrescentCommunities.com (704)681-0957 Date Submitted 1/10/2023 Nearest Body of Water Terrible Creek Basin Neuse Water Classification B;NSW Site Coordinates Latitude: Longitude: 35.613841 -78.805480° A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional 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: GMR Holdings, LLC 2b. Deed book and page no.: 017209/01772 2c. Contact Person: Mr. Jim Admas 2d. Address Street Address 701 Exposition Place Suite 118 Address Line 2 City Raleigh Postal /Zip Code 27615 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country United States Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)681-0957 2g. Email Address: * APARKER@CrescentCommunities.com 3. Applicant Information (if different from owner) 3a. Name: Anthony Parker 3b. Business Name: Crescent Communities 3c. Address Street Address 601 South Tryon Street Suite 800 Address Line 2 City Charlotte Postal / Zip Code 28202 3d. Telephone Number: (704)681-0957 3f. Email Address: * APARKER@CrescentCommunities.com 4. Agent/Consultant (if applicable) 4a. Name: Jacob Sinclair 4b. Business Name: Atlas Environmental Inc 4c. Address Street Address 338 S. Sharon Amity Road #411 Address Line 2 City Charlotte Postal / Zip Code 28721 4d. Telephone Number: (704)578-3549 4f. Email Address: * jsinclair@atlasenvi.com C. Project Information and Prior Project History State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: (000)000-0000 1. Project Information 1b. Subdivision name: (if appropriate) Not a sibdivision lc. Nearest municipality / town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0657881014 2b. Property size: 41.93 2c. Project Address Street Address 200 Dickens Road Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Terrible Creek 3b. Water Resources Classification of nearest receiving water: * B;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. 030202010901 4. Project Description and History State / Province / Region NC Country United States 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The property has previously been used for industrial purposes. According to Google Earth aerial imagery the previously existing building was demolished between late 2013 and early 2014. A concrete pad and parking areas remain. The eastern region of the property is mostly forested. The surrounding area consists primarily of residential development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 1.947 4g. List the total estimated linear feet of all existing streams on the property: 99 4h. Explain the purpose of the proposed project: * The project purpose is for the construction of an industrial development consisting of three buildings, employee parking, commercial vehicle parking, stormwater treatment, and additional necessary infrastructure and utilities. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Building 1 is designed to be 220,500 square feet, Building 2 is designed to be 142,800 Square feet, and Building 3 is designed to be 122,256 square feet of under roof space. Parking areas are located North and South of the buildings to minimize disturbance to aquatic resources. A stromwater control measure is located East of Building 1. Heavy equipment will be used for necessary earth work and grading for the preparation of the three building pads and parking. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: Atlas Environmental delineated on May 10, 2022 No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: No Corps Action ID assigned at this time 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Atlas Environmental Staff Atlas Environmental Inc Yes No Unknown 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? None 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* (?) 29. Impact area* W1 Road/Driveway P Headwater Forest WL 1100 Yes Both 0.490 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.490 2g. Total Permanent Wetland Impact 0.490 2i. Comments: Impact W1: permanent wetland fill associated with the construction of the entrance road and driveway around building 2 and building 3. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The site has been designed and engineered to avoid and minimize impacts to the greatest extent possible. The size and positioning of the buildings has avoided and minimized impacts to aquatic resources. The location of the SCM has been designed to avoid all aquatic resources and buffers. The location of employee parking and commercial vehicle parking North and South of each building has further minimized potential impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A retaining wall is proposed to be constructed adjacent to impact W1. The design of the retaining wall is approximately 510 feet long which minimizes impacts to WL 1100. 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: Wildlands Engineering, Inc. 3b. Credits Purchased/Requested (attach receipt and letter) Type: Riparian wetland 3c. Comments Impact Area: 0.490 acres. Required credits at a 2:1 ratio: 0.98 acre SOA attached for 0.98 credits Quantity: 0.49 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Fuquay-Varina Comments: Stormwater control measure to be constructed adjacent to Building 1 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. This is a single and complete project 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Connection to municipal sewer 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPAC, NHP, Field assessment of the review area 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? * NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO No comment letter is attached 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?* Google Earth FEMA NFHL .kml 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 Dickens Road NWP 39 Permit Attachments.pdf 8.12MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Allyson Sinclair Signature Date 1/10/2023 Angela Petros From: Angela Petros Sent: Wednesday, June 22, 2022 3:34 PM To: 401 PreFile Subject: Dickens Road NWP 39 Pre -Application Notice To Whom It May Concern, Atlas will be submitting an NWP 39 application for the Dickens Road project. This project is in Fuquay-Varina (Wake County) and is an Industrial project. Crescent Communities is the applicant. Angela Petros ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, NC 28211 (704) 965-1219 mobile www.atiasenvi.com Offices in Asheville and Charlotte RON MENTAL Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Dickens Road 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓ 3. Project Description / Purpose [PCN Form B3d and Be]: The project is for the construction of three industrial buildings with associated employee parking, commercial vehicle parking, stormwater treatment, and additional utilities/infrastructure. 4. Property Owner / Applicant [PCN Form A3 or A4]: Owner: GMR Holdings, LLC Attn: Jim Adams Applicant: Crescent Communities Attn: Anthony Parker 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson 6. Related Action ID Number(s) [PCN Form B5b]: None Known 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 200 Dickens Road Fuquay-Varina, NC 27526 Lat: 35.613841 °, Long:-78.8054800 8. Project Location - Tax Parcel ID [PCN Form 131a]: 0657881014 9. Project Location —County [PCN Form A2b]: Wake 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fuquay-Varina 11. Project Information — Nearest Waterbody [PCN Form 132a]: Terrible Creek, Class B;NSW, # 27-43-15-8-(1) 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Neuse 03020201 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 TLASS IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn. Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mr. Paul Wojoski, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699-1650 I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and/or permit processing at the request of the Corps or NC DWR Water Quality Program. Project Name: Dickens Road Property owner of Record:�- Contact Name. �! �► l7�y�t S Address: 701 Exposition Place Suite 118 Address: Raleigh, NC 27615 Phone/Fax Dumber: Email Address: Project Address: 200 Dickens Road Project Address: Fuquay-Varina, North Carolina 27526 Tax PIN: 0657881014 Signature: "a/A. 1�d' Date: " / I /2_0z3 ATLAS Environmental Inc. 338 S. Sharon Amity Road, #411 Charlotte, North Carolina 28211 104-512-1206 (0) / 828-712-9205 (m) irobertson@abasenvi.com www.atlasenvi.com ,OOZ=„l 3z Z _ lit 50 _WAY V 011, / \ \\ \lll-\ EB i ax_ �b ON Retaininq Wall :TS TO BE fH USAGE, 0.490 AC JAI° d A . 7 4 A ALL d v o _ I 0 EXISTING D ; WETLANDS _ \ _ o-- - - -- ----- i' - " LAGGED" WETLAND WET�A DS. I I FlP 17 o Impact W1: Co Permanent 4 WL 1100: - 0.490 Ac .I I Lo I � Ln W OW I I ,N OW - I N II N II Retaining Wall I WIR ENCF I WATER -------------------------- — ENCROR - I EXISTING UNDISTURBED WETLAND WETLAND IMPACT SUMMARY: TOTAL WETLAND DISTURBED: ±21,324.5 SF v v IMPACTED WETLAND t.490 ACRES v THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION. 0 80 160 AXIAL METRO 55 HORZ. SCALE FEET WETLAND IMPACT MAP FUQUAY VARINA 12.12.2022 non ColeJenest&Stone / 1 BOLTON & MENK,INC. i NAll i N N O N M 0 Cro G U a- J W L 0 w U a=+ fa D CD CD 6G� O 6 "• O t O O ti O CD S� d .. t��.•Y .Mr �dK al lop •� U L r. N N p _0 N (a /' .. 4-J � o U Iti C r- V � J 0 � p Q k �►" N N O N M (O (O LL_ O �a•F�Y C�a�e O d-• �A Lrn 70 U 6 GzCi N -0Q NL i CU T Cl) =� CM Ln t O 2 Z o T4 CO CO O c O N O C 70 N E Ln O T O O O c D (u C U -0 Q CU G O Cl) Cl) >� > 4J-114 2 O O O J U L D O V) Q) w U a- J fa D 07 Q U � Q C � / O O ?� O C LL O J Z rn rn �o �O oT d= U N LL L N d L Q i O (a -O N O N p N N C�( U� c a�aU Q 0 V w North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson July 12, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Layla Tallent ltallent e,atlasenvi.com ATLAS Environmental, Inc. 338 South Sharon Amity Road 9411 Charlotte, NC 28211 Re: Construct three industrial buildings, 200 Dickens Road, Fuquay-Varina, Wake County, ER 22-1522 Dear Ms. Tallent: Thank you for your email of May 24, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, � �Ramona Bartos, Deputy } State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh E5 Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 July 14, 2022 Jennifer Robertson ATLAS Environmental, Inc. 338 S. Sharon Amity Road 9411 Charlotte, NC 28211 Re: Dickens Road —Wake County Dear Mrs. Robertson: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.gov/office/eastern-north-carolina/proiect-planning-and-consultation. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ipac.ecosl)here.fws.gov/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, ensure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 'The term "federal speciesof concern" refers to those specieswhich the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their design ation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at https://fws.gov/office/eastern-north-carolina. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Ourcomments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission (NCWRC) has developed a Guidance Memorandum (found at https://www.ncwildlife.org/Conserving/Learn-Resources/Ways-to- Conserve) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document and the NCWRC's other conservation recommendations in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, J'r-, Q4 fair Benjamin Field Supervisor HWILDLANDSoi� Neuse Wetland Credits Statement of Availability December 13, 2022 Crescent Communities Attn: Anthony Parker 601 South Tryon Street, Suite 800 Charlotte, NC 28202 RE: Availability of Stream and Riparian Wetland Credits for the "Dickens Road" project Bank Name: Falling Creek Umbrella Mitigation Bank Bank Sites: Falling Creek Mitigation Site / Grantham Branch Mitigation Site / McClenny Acres II Mitigation Site Bank Sponsor: Wildlands Holdings III, LLC USACE Action ID No.: SAW-2015-00940 / SAW-2017-00549 / SAW-2017-00552 Permittee: Crescent Communities Riparian Wetland Credits Needed: 0.98 acres Riparian Wetland Credits Available: 0.20 acres Future Riparian Wetland Credit Release: 8.90 acres (Feb. 2023) Neuse 03020201 River Basin Dear Mr. Parker, Wildlands Holdings III, LLC, owned and operated by Wildlands Engineering, Inc., currently has riparian wetland credits from the Falling Creek Umbrella Mitigation Bank: Falling Creek Mitigation Site, Grantham Branch Mitigation Site, and McClenny Acres II Mitigation Site to partially satisfy the wetland mitigation requirements related to the above -mentioned project. Please note that we are anticipating additional credit releases in February to potentially meet the project need. The project is located within the Neuse River Basin of the service area (HUC 03020201) of the Bank. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the US Army Corps of Engineers Compensatory Mitigation Responsibility Transfer Form approving the Stream and/or wetland mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings III, LLC. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, INC 28203 HWILDLANDSoi� Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Mr. Lyle Phillips, Regulatory Agent I USACE Mr. Jacob Sinclair, P.G., PWS, Senior Environmental Specialist I Atlas Environmental Wildlands Holdings III, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203