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HomeMy WebLinkAbout20230082 Ver 1_ePCN Application_20230112DWR 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: 12/7/2022 BIMS # Assigned* Version#* 20230082 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: Crantock South S/D la. Who is the Primary Contact?* Wyatt Brown 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 1/12/2023 Nearest Body of Water UT to Middle Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.321645 -78.065569 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: CRANTOCK LAND, LLC 2b. Deed book and page no.: 06218, 0086 2c. Contact Person: Lanny Clifton 2d. Address Street Address 5160 NC Hwy 42 West Address Line 2 City Clayton Postal /Zip Code 27576 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country US Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)971-5353 2g. Email Address: * lannycliftonbuilder@gmaiI.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 Road Address Line 2 City Selma Postal / Zip Code 27576 4d. Telephone Number: (919)524-5956 4f. Email Address: * b row n e n vg rp @ g m a i I. co m C. Project Information and Prior Project History State / Province / Region NC Country US 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) same lc. Nearest municipality / town: Smithfield 2. Project Identification 2a. Property Identification Number: 166400-04-6591 2b. Property size: -275.0 2c. Project Address Street Address 2618 CRANTOCK RD Address Line 2 City State / Province / Region SMITHFIELD NC Postal / Zip Code Country 27577 US 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT to Middle Creek 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010903 4. Project Description and History 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 Crantock S/D project area is located on what was an existing farm made up of row crops and pasture. The general land use in the vicinity is farming with new subdivisions being added periodically. 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: —27.84acres 4g. List the total estimated linear feet of all existing streams on the property: —2529.88 4h. Explain the purpose of the proposed project:* The purpose is to provide —164.0 building lots for individual homesites. The developer will provide streets, etc. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Since the project area is in open field, its not expected that trees will need to be removed except shrubs, saplings etc. Bull dozier and motor graders will be used to grade the streets, the streets will be paved with asphalt. The developer will provide utilities and the supply lines will be placed in the road right of way. The septic will be onsite on each individual lot. There will be 2 necessary crossings of linear wetlands. The crossings will be installed with a track hoe. This project must have an approved sediment and erosion control plan which will be followed by the contractor. 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: SAW-2022-00972 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? Not to my knowledge 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* Impact 1 crossing P Small -Basin Wetland Linear Wetland 1 No Both 0.040 (acres) Impact 2 crosing P Small -Basin Wetland Wetland H No Both 0.024 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.064 2i. Comments: 2g. Total Permanent Wetland Impact 0.064 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: We are crossing the wetlands perpendicular to minimize the impact. The design calls for headwalls which will also minimize the impacts. The 2 impacts could not be avoided but the design intentionally was planned to access lots while avoiding additional impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The wetlands are clearly marked on the plans and the contractor will be pressed to avoid any additional impacts. There will be an approved sediment and erosion control plan that will be followed to protect the wetlands and streams from sedimentation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent Impact is less than the required threshold. 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 Comments: The stormwater plan will be reviewed and approved by the Johnston County Stormwater Section. 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. There is no additional development planned but the S/D. 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 5c. If yes, indicate the USFWS Field Office you have contacted. 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? 1) NC Natural Heritage -Attached letter calls for habitat that is located in Middle Creek, our project is in the upland away from the proposed habit/potential species. 2) IPaC-1)Tricolored Bat -The project will be in the open field, no possible roosting areas should be disturbed. No affect 2) Red -cockaded Woodpecker - Lives in old growth mature pine trees. This project is in the open field, no habitat, no affect. 3) Neuse River Waterdog-Found in larger streams. No streams impacted no affect. 4) Carolina Madtom-"Prefer clean water with permanent flow and are not tolerant of siltation and turbidity." No habitat, no affect. 5) Atlantic Pigtoe-"Is dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments." No habitat, no affect. 6)Dwarf Wedge Mussel- "Typical habitat for this mussel includes running waters of all sizes, from small brooks to large rivers." No habitat, no affect. 7) Yellow Lance -Habitat is streams and rivers, No habitat, no affect. 8) Monarch Butterfly-"- Are found in meadows, roadsides, and sandy areas where milkweed plants grow." No milkweed found, no habitat, no affect. 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? * None in Johnston County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes - No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The Crantock Farm House will not be affected by this project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* Website Above. 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 Crantock Road SD PCN Package.pdf 8.86MB File must be PDF or KMZ Comments Chris Hopper performed a site with me on 9-17-21. 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 Date 1/12/2023 PCN Application Additional Information Package Name: Crantock S/D County: Johnston Date: 1/11/23 Table of Contents 1)Agent Letter 2) Maps A)Soils B) Quad 3)Project Drawings a) Design and Impact Sheet 4) Endangered Species 5)SHPO Documents 6)Neuse Buffers Letter January 11, 2023 US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mr. Chris Hopper Re: Crantock Road S/D, Johnston County I, the undersigned, a duly 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 : 166400-04-6591 ) for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction 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 Group, Inc., or his sub -contractors, has my permission to act as my agent on this property concerning wetlands, streams and stream buffers. Sincerely Lanny Clifton N M O � a N CZ O O N M M O N .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. d z d d N N N N N C O 7 0 0 'i cs 0 z� m m a a a a a m a> d d a z z .a .a .a .a .a �+ 0 0 to _ C he 6 U) c caaaaa OO U)U rn rn Q f{r r, F •ice__ k. #A h, • -. r �►. ,t ? io N w n N M CD I C M M Liz r N R v * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. Result 2 Result 3 id: 15HO7011 id: 15HO7011 Tag: 15HO7011 Tag: 15HO7011 NCPin: 166400-04-6591 NCPin: 166400-04-6591 Mapsheet No: 1664 Mapsheet No: 1664 Owner Name 1: CRANTOCK LAND, LLC Owner Name 1: CRANTOCK LAND, LLC Owner Name 2: Owner Name 2: Mail Address 1: 466 STANCIL RD Mail Address 1: 466 STANCIL RD Mail Address 2: Mail Address 2: Mail Address 3: ANGIER, NC 27501-8342 Mail Address 3: ANGIER, NC 27501-8342 Site Address 1: 2685 CRANTOCK RD Site Address 1: 2780 CRANTOCK RD Site Address 2: SMITHFIELD, NC 27577- Site Address 2: SMITHFIELD, NC 27577- Book: 06218 Book: 06218 Page: 0086 Page: 0086 Market Value: 2058630 Market Value: 2058630 Assessed Acreage: 319.810 Assessed Acreage: 319.810 Calc. Acreage: 319.810 Calc. Acreage: 319.810 Sales Price: 0 Sales Price: 0 Sale Date: 2022-03-25 Sale Date: 2022-03-25 w J U c� • f -ram '- � N U V+ C C O L r _13NN. p \�. 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LOS(Z tlfII'IOxtl� HZxON `xxrofn+ �0 2 3 ,� N'� - z r m rc avoxnofn+.cs sse sseom ® LLLL Y b-' ... 0rlrl`aNdrl NOOZNV oo e`e. a J= i 1 / J \_ o 1/11/23, 7:15 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Johnston County, North Carolina RK Local office Raleigh Ecological Services Field Office t. (919) 856-4520 JEJ (919) 856-4556 MAILING ADDRESS Pnct nffira Rnv 227)r, https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 1/13 1 /11 /23, 7:15 PM I V.7L V I I IL.0 LJ U^ J.J / LLJ Raleigh, NC 27636-3726 IPaC: Explore Location resources PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 �o� Foy https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 2/13 1/11/23, 7:15 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. 4 T> 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. 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 speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 3/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: 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 NAME STATUS Proposed Endangered STATUS Red -cockaded Woodpecker Picoides borealis Edda g Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians 0 NAME � STATUS Neuse River Waterdog Necturu s lewisi Threatened Wherever found o There is final critical habitat for this species. Your location overlaps the critical habitat. htti2s://qFos.fws.gov/ecp/�Species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered Wherever 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 NAME STATUS https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 4/13 1 /11 /23, 7:15 PM Atlantic Pigtoe Fusconaia masoni IPaC: Explore Location resources Threatened Wherever found There is final critical habitat for this species. Your location overlaps the critical habitat. https://ecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 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.gov/ecp/species/4511 Insects NAME Monarch Butterfly Danaus plexippus Endangered Threatened 04c\ STATUS 02cn\) vvnerever iuunu No critical habitat has been designated for this species https://ecos.fws.gov/ecp/species/9743 0 Critical habitats Candidate Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. This location overlaps the critical habitat for the following species: NAME TYPE Atlantic Pigtoe Fusconaia masoni Final https://ecos.fws.gov/ecp/species/5164#crithab Neuse River Waterdog Necturus lewisi Final https://ecos.fws.gov/ecp/species/6772#crithab https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 5/13 1/11/23, 7:15 PM IPaC: Explore Location resources 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. Additional information can be found using the following links: 1�4 • Birds of Conservation Concern https://www.fws.gQv//program/migratory-bir / eci • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds 0 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 Concefn (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. NAME BREEDING SEASON https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 6/13 1 /11 /23, 7:15 PM American Kestrel Falco sparverius paulus IPaC: Explore Location resources Breeds Apr 1 to Aug 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown -headed Nuthatch Sitta pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its Breeds Sep 1 to Jul 31 Breeds Mar 1 to Jul 15 44 Breeds Mar 15 to Aug 25 range in the continental USA and Alaska. 1% Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. _ Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 7/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) 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. https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 8/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES American Kestrel BCC - BCR Bald Eagle Non -BCC Vulnerable Brown -headed Nuthatch BCC - BCR Chimney Swift BCC Rangewide (CON) probability of presence breeding season survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC IIIIETF 7'P+ ++++ +++j ++++ ++ ++++ +++' ■■& is 1111111111111111 pqq* -11! +111 1 1111111111111 i ++++ ++++ ++++ +111=��11 +1+� 1�1111+1 ++++ ++++ Kentucky ++++ ++++ ++ +%ijH1J1 J+�- ++++ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Prairie Warbler ++ ++11 + ++++ ++1+ 1+1-+.- ++++ ++++ ++++ ++++ ++++ BCC Rangewide ■■■ (CON) Prothonotary ++++ ++++ ++++ 1 iii ifil UP ;R+ 111+ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) 1 Red-headed — 1111 ■MI!r. — ++++ ++++ ++++ +i11 +�+J— ++++ 11111'4 1 1 +++ ++++ ++++ Woodpecker BCC Rangewide (CON) Rusty Blackbird 1 1+1 1111 11++ ++++ ++++ —++— ++++ ++++ ++++ ++++ ++11 +111 BCC - BCR Wood Thrush ++++ ++++ ++++ +++1111+ -++— ++++ ++++ ++++ 1+++ ++++ ++++ BCC Rangewide (CON) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 9/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 00 T**% R. 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. %..40 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 dataset vs Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "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); https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 10/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Biro Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. ik I 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 tudy and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn 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. https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 11/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engi e rs D' tri Wetland information is not available at this time This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations 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. https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 12/13 1 /11 /23, 7:15 PM IPaC: Explore Location resources The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial '14 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. https://ipac.ecosphere.fws.gov/location/ZTN56Y2UJ5F5ZMVDAWJYXIJEHQ/resources 13/13 Roy Cooper, Governor ■ ■■■ ■■ ■ INC DEPARTMENT OF ■■�■i NATURAL AND CULTURAL RESOURCES ■ ■■ January 11, 2023 wyatt brown Brown's Environmental Group, inc 242 Batten Farm Road Selma, NC 27576 RE: Crantock S/D Dear wyatt brown: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program IR \���i��11111111111IN1001119y1A The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. 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(Dec. Degrees) Degrees) F-A ® Not Subject n/a F-B ® Not Subject n/a F-C ® Not Subject n/a Subject at F-D ® Orange n/a ® ® 35.51911 -78.46366 Flagging Subject at F-E ® Orange n/a ® ❑ 35.52611 -78.45236 Flagging F-F ® 0 Not Subject n/a F-G ® Conceded n/a ® ❑ by Applicant Pond ® ❑ Not Subject El Pond- ® Not Subject 2 Pond- ® Not Subject 3 Pond- ® Not Subject 4 Pond- ® Not Subject 5 F-H ® Conceded n/a by Applicant F-I Ei ® Conceded n/a by Applicant F-J Ei ® Conceded n/a ❑ El Applicant F-K ® Conceded n/a by Applicant 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 i, •,.rrr•�r ---- ,i'�f 1