HomeMy WebLinkAbout20230345 Ver 1_ePCN Application_20230303I I
1• 111
DWR
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:
9/17/2021
BIMS # Assigned * Version#*
20230345 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:zachary.thomas@ncdenr.gov
Information for Initial Review
la. Name of project:
New Bern Crossings
la. Who is the Primary Contact?*
Jennifer Burdette
lb. Primary Contact Email: * lc. Primary Contact Phone: *
Burdette@nrconsultnc.com (919)422-3605
Date Submitted
3/3/2023
Nearest Body of Water
UT Crabtree Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude:
35.794853
A. Processing Information
Longitude:
-78.579367
Is this project connected with ARPA funding?
Yes No
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
1b. 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:
If. 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
lh. 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
Id. 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:
City of Raleigh
2b. Deed book and page no.:
2c. Contact Person:
Tanya Eastwood, New Bern Harmony Housing, LLC
2d. Address
Street Address
4025 Lake Boone Trail, Ste 209
Address Line 2
City
Raleigh
Postal / Zip Code
27607
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)573-7502
2g. Email Address:*
jon.purinai@greyco.com
3. Applicant Information (if different from owner)
3a. Name:
Jon Purinai
3b. Business Name:
Greystone Affordable Development, LLC
3c. Address
Street Address
4025 Lake Boone Trail, Ste 209
Address Line 2
City
Raleigh
Postal / Zip Code
27607
3d. Telephone Number:
(919)410-5304
3f. Email Address:*
jon.purinai@greyco.com
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Burdette
4b. Business Name:
Natural Resource Consultants, LLC
4c. Address
Street Address
308 W. Millbrook Road
Address Line 2
Ste. D, #200
City
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
(919)422-3605
4f. Email Address: *
Burdette@nrconsultnc.com
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History O
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Raleigh
2. Project Identification
2a. Property Identification Number:
1724449824 & 1724447360
2b. Property size:
20
2c. Project Address
Street Address
3600 New Bern Avenue
Address Line 2
City State / Province / Region
Raleigh North Carolina
Postal / Zip Code Country
27610 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT Crabtree 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.
030202010804
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 proposed project is located at 3312 and 3600 New Bern Avenue in Raleigh, Wake County, North Carolina. The site consists of two undeveloped parcels located within an existing
commercial, residential, and highway corridor. The site is generally forested by mixed hardwood species with pines interspersed in the northern portion of the site. A sanitary sewer
easement runs north -to -south along the eastern property boundary. A powerline easement runs north -to -south along the eastern edge of the project area. Please refer to the attached
USGS Location Map (Figure 1), Wake County Soil Survey Map (Figure 2B) and Aerial Map (Figure 3) for more information on the project setting.
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:
0.05
4g. List the total estimated linear feet of all existing streams on the property:
1,947
4h. Explain the purpose of the proposed project: *
The purpose of the project is to extend an existing culvert in order to provide secondary emergency access to a proposed affordable housing community.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project involves the extension of an existing culvert within an unnamed intermittent tributary (UT Crabtree Creek; Class C, NSW) in order to establish emergency driveway
access to a proposed affordable housing community. The proposed housing community will consist of six buildings ranging in occupancy from 28-42 units, a clubhouse, and an internal
road network with parking, utilities, and stormwater control measures. Hillcrest Drive serves as the primary entrance to the development; however, additional emergency access is required
by the county given the occupancy of the proposed residential community.
Heavy equipment typical for earth -moving and construction will be utilized to construct the proposed project, such as track hoes, dump trucks, and graders. A pump around system will be
used to separate the construction area from the flowing stream.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
A PJD request for the project site is attached.
No O 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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alec Pierzga
Agency/Consultant Company: NRC (formerly McAdams)
Other:
6. Future Project Plans
6a. Is this a phased project? *
Yes OO 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 Streams -tributaries
Open Waters Pond Construction
3. Stream Impacts
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Culvert
Permanent
Culvert
UT Crabtree Creek
Intermittent
Both
6
Average (feet)
22
(linear feet)
S2
Access/Pump-Around
Temporary
Other
UT Crabtree Creek
Intermittent
Both
6
Average (feet)
3
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
22
3i. Total stream and ditch impacts:
25
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
3i. Total temporary stream impacts:
3
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Road Crossing
P
UT Crabtree Creek
No
2,552
1,627
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
0.00
Zone 1
2,552.00
Zone 2
0.00
Zone 2
1,627.00
Zone 1 Zone 2
2,552.00 1,627.00
E. Impact Justification and Mitigation
1. Avoidance and Minimization
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant requested a delineation of surface waters and wetlands prior to designing a site plan in order to avoid and minimize impacts to these
resources to the maximum extent practicable. The expansion of a previously existing culvert within one location/stream crossing provides emergency
access to the entirety of the proposed 20 AC project site.
NCDOT has identified the proposed emergency access as the only suitable location due to the Interstate 440 on -ramp and restrictions that pertain to
controlled access. Essie Street, located south of Hillcrest Drive, was also considered for use as emergency access. This unpaved street is located off
property, terminates at a powerline corridor, and does not meet NCDOT criteria for use as an authorized road. Efforts to improve this roadway for
emergency access would render the project financially unfeasible.
Stream and riparian buffer impacts are associated only with the proposed culvert extension and emergency access crossing. Please reference the
attached Site Plan and Impact Maps.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The culvert is designed to be buried 1 foot and centered on the stream channel to maintain aquatic life passage. A pump around system will be utilized
to separate the construction area from the flowing stream. All equipment will be operated from high ground.
A Sediment and Erosion Control Plan will be developed and approved by Wake County, and the project will comply with the supplementary NPDES
Construction Stormwater Permit (NCG010000).
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 impacts/loss of stream associated with the project (0.003 AC) are below the mitigation 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
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.
The City of Raleigh
Comments:
Stormwater management on this site shall meet the stormwater management performance standards for development set forth in Section 9.2.2 — Stormwater Runoff Controls of the City of
Raleigh regulations.
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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
The project will utilize less than ten million dollars of public funding.
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.
The proposed culvert extension would provide emergency access to the New Bern housing community. Residents moving into newly developed housing
units could obtain all goods and services from existing facilities along Interstate 440 and the US 64/New Bern Avenue corridor. It is not anticipated that
the proposed project will result in additional development that could impact nearby downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater generated at the site would be treated at a local municipal facility. The project will connect with an existing municipal line.
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
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?
On November 24, 2021, a protected species assessment was submitted to the Raleigh Office of the USFWS including an official species list generated
by the USFWS IPaC website and a NCNHP report for the project area. A self -certification letter, species conclusion table, and email submittal are
attached. No response to the assessment has been received. A draft email is attached for USACE's use in USFWS consultation.
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 (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) accessed February 7, 2023.
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? *
Please refer to the attached letter from the State Historic Preservation Office on January 26, 2023 indicating the agency has no comment on the
proposed project as proposed.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Map Service Center; FIRM map number 3720172400K, panel 370243, effective 7/19/2022.
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
New Bern Crossing Ltr + PCN Attachments_Optimized.pdf 7.47MB
File must be PDF or KMZ
Comments
Signature O
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:
Jennifer Burdette
Signature
cAtOtgee-tdtr
Date
3/3/2023
Natural Resource Consultants
March 3, 2023
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
via online PCN Submittal
NC Division of Water Resources
401 & Buffer Transportation Permitting Branch
via online PCN Submittal
RE: Nationwide Permit 29/Water Quality Certification 4256/Buffer Application
New Bern Crossing
Raleigh, Wake County, North Carolina
NRC Project #: 21063
To Whom It May Concern:
On behalf of the City of Raleigh, we are applying for a Nationwide Permit 29 from the US Army Corps of
Engineers (USACE) and a Water Quality Certification 4256 and Buffer Authorization from the NC Division
of Water Resources (DWR) for proposed impacts to jurisdictional waters and riparian buffers associated
with the New Bern Crossing project. The proposed project involves the extension of an existing culvert
within an unnamed intermittent tributary to Crabtree Creek to establish emergency driveway access to
a proposed affordable housing community in Raleigh, Wake County, North Carolina.
A USACE Action ID nor a DWR Project number have been assigned to this project.
A list of the attachments to the online Pre -Construction Notification Application and those attachments
follow this letter. Your review of this project is greatly appreciated. If you have any questions or require
additional information, please contact me at (919) 422-3605 or burdette@nrconsultnc.com.
Sincerely,
Natural Resource Consultants
Jennifer Burdette, PWS
Sr. Environmental Consultant
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 919.422.3605
USACE/DWR
NRC Project #: 21063
March 3, 2023
Page 2 of 2
Attachments:
Pre -filing
Agent Authorization
Figures & Impact Maps
Preliminary Jurisdictional Determination Request
Protected Species
Cultural Resources
EC: Jon Purinai (jon.purinai@greyco.com)
Adam Pike, McAdams (pike@mcadamsco.com)
Natural Resource Consultants
New Bern Crossing - Permit Application
List of Attachments
Pre -filing
Agent Authorization
Figures & Impact Maps
Preliminary Jurisdictional Determination Request
Protected Species
Cultural Resources
Pre -filing
From: laserfiche@ncdenr.aov
To: Jennifer Burdette
Subject: Pre -Filing Time Clock has been reached for New Bern Crossings - Ver
Date: Saturday, October 30, 2021 12:02:28 AM
Attachments: DWR Pre -Filing Meeting Request Form.Ddf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for
New Bern Crossings that you submitted on 9/29/2021.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your
application can now be accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email
address, as responses are not monitored.
Internal Use only: Non Transportation
Agent Authorization Form
1(flatural ourc
Rese
onsultants
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Applicant
FIELDS WITH * ARE REQUIRED
Project Area PIN(s):
1724449824, 1724447360
Name:
Greystone Affordable Development LLC — POC: Mr. Jon Purinai
Address:
4025 Lake Boone Trail, Suite 209, Raleigh, NC 27607
Phone:
919-410-5304
Email:
Jon.purinai@greyco.com
Project Name:
New Bern Crossing
Project Number:
21063
Project Manager:
Jennifer Burdette
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Re: Clean Water Act & Riparian Buffer Related Consulting and Permitting
To Whom It May Concern:
I hereby designate and authorize Natural Resource Consultants to act on my behalf as my agent in obtaining
verification of wetland delineations and processing of permit applications for the project listed above.
I, the undersigned, a duly authorized applicant for the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water
Resources to enter upon the property herein described for the purpose of conducting on -site investigation and
issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of
the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian
Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Natural Resource Consultants' staff.
Jon Purinai rL �u�r.
Print Applicant Name Si
* pp *Signature
Senior Project Director 12/19/22
*Title *Date
308 W Millbrook Road, Ste D #200, Raleigh, NC 27609 / 919. 422. 3605
Project Name: New Bern Crossing
Project Manager: Adam Pike/Jennifer Burdette
Property Owner Certification Information
Parcel Information
Street Address:
City, State:
County:
Parcel Index Number(s) (PIN):
3312 & 3600 New Bern Avenue
Raleigh, NC
Wake
1724449824, 1724447360
Property Owner Information
Name:
Name & Title (if applicable):
Mailing Address:
Telephone Number:
Electronic Mail Address:
New Bern Harmony Housing Ilc
Tanya Eastwood VP
4025 Lake Boone Trail, Suite 209
Raleigh NC 27607
919-573-7502
jon.purinai@greyco.com
Property Access Certification
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 investigation,
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.
Tanya Eastwood
Print Name
Capacity: Owner X Authorized Agent
February 23, 2023
Date
CLrI S{4)0.1
Signature
The applicant has a Option to Lease Real Estate agreement signed by the City of Raleigh on February 16, 2023.
Project Number: McAdams -2020110075; NRC 21063
Figures & Impact Maps
NOTES:
1. USGS; 7.5 MINUTE, QUAD, RALEIGH EAST, NORTH CAROLINA; 2019
2. LAT: 35.794280, LONG: -78.579059
3. The project area is approximately 20 acres in size.
MCA DAMS
FIGURE 1. USGS TOPOGRAPHIC MAP
NEW BERN CROSSING
RALEIGH, WAKE COUNTY, NC
0 1,000 2,000
Feet
1 inch = 2,000 feet
VERSION: 1
DATE: 5/13/2021
JOB NO: 2020110075
DRAWN BY: pierzga
M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NBXing_Fig 1 USGS.mxd, 5/13/2021 3:07:51 PM, pierzga
NOTES:
1. NRCS; SOIL SURVEY SHEET 50, WAKE COUNTY, NC (1970)
FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY
NEW BERN CROSSING
RALEIGH, WAKE COUNTY, NC
MCADAMS
0 660 1,320
Feet
1 inch = 1,320 feet
VERSION: 1
DATE: 4/28/2021
JOB NO: 2020110075
DRAWN BY: pierzga
M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NewBernXing_Fig 2B Buffer Subj SS.mxd, 4/28/2021 11:24:27 AM, pierzga
iJ
MCADAMS
FIGURE 3. AERIAL MAP
NEW BERN CROSSING
RALEIGH, WAKE COUNTY, NC
M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\Figure 3. Aerial Map 11x17_portrait.mxd, 4/28/2021 1:39:53 PM, pierzga
0 75 150
Feet
1 inch = 150 feet
VERSION: 1
DATE: 4/28/2021
JOB NO: 2020110075
DRAWN BY: pierzga
'Zs
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M:\Projects\GSA\2020110075\04-Production\Engineering\Exhibits\NEW Buffer Impact Map\2020110075-ASR-EX1.dwg, 11/29/202210:40:26 AM, Stephan Edmonds
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IPIN: 172454227
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3704 ESSIE ST.
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I 3701 POLLY, LLC
I PIN: 1724543052
I DB. 19098, PG 1957
I 3701 POLLY ST.
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BUFFER IMPACTS
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0
GRAPHIC SCALE
100 200
i
400
1 inch = 200 ft.
1
MCADAMS
The John R. McAdams Company, Inc.
621 Hillsborough Street
Suite 500
Raleigh, NC 27603
phone 919. 361. 5000
fax 919. 361. 2269
license number: C-0293, C-187
www.mcadamsco.com
NEW BERN CROSSINGS
OVERALL IMPACT MAP
3312 NEW BERN AVENUE
RALEIGH, NC 27610
PLAN INFORMATION
PROJECT NO. 2020110075
FILENAME 2020110075-ASR-EX1
CHECKED BY ACP
DRAWN BY SME
SCALE 1"=200'
DATE 11.30.2022
1 OF 2
(S2) TEMPORARY
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ZONE 2 BUFFER IMPACT (ROAD)
ZONE 1 BUFFER IMPACT (ROAD)
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PERMANENT -STREAM IMPACT
STREAM
M:\Projects\GSA\2020110075\04-Production\Engineering\Exhibits\NEW Buffer Impact Map\2020110075-ASR-EX1.dwg, 11/29/2022 10,40:29 AM, Stephan Edmonds
2
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BUFFER IMPACT ID
TOTAL
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4,179 SF
0
GRAPHIC SCALE
10 20
40
1 inch = 20 ft.
MCADAMS
The John R. McAdams Company, Inc.
621 Hillsborough Street
Suite 500
Raleigh, NC 27603
phone 919. 361. 5000
fax 919. 361. 2269
license number: C-0293, C-187
www.mcadamsco.com
NEW BERN CROSSINGS
IMPACT AREA ENLARGED VIEW
3312 NEW BERN AVENUE
RALEIGH, NC 27610
PLAN INFORMATION
PROJECT NO. 2020110075
FILENAME 2020110075-ASR-EX1
CHECKED BY ACP
DRAWN BY SME
SCALE 1"=20'
DATE 11.30.2022
2 OF 2
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L
0
VERTICAL SCALE
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MCADAMS
The John R. McAdams Company, Inc.
621 Hillsborough Street
Suite 500
Raleigh, NC 27603
phone 919. 361. 5000
fax 919. 361. 2269
license number: C-0293, C-187
www.mcadamsco.com
NEW BERN CROSSINGS
IMPACT AREA CROSS SECTION
3312 NEW BERN AVENUE
RALEIGH, NC 27610
PLAN INFORMATION
PROJECT NO. 2020110075
FILENAME 2020110075-XSECTION
CHECKED BY ACP
DRAWN BY SME
SCALE 1"=40'H/1"=4'V
DATE 11.30.2022
Preliminary Jurisdictional Determination Request
Jurisdictional Determination Request
US Army Corps
of Engineers
Wilmington District
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/RegulatoryPermitProgram/Contact/CountyLocator. 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
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
INSTRUCTIONS:
All requestors must complete Parts A, B, 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 Depaitiuent 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: 3312 & 3600 New Bern Avenue
City, State: Raleigh, North Carolina
County: Wake
Parcel Index Number(s) (PIN): See attached parcel information
B. REQUESTOR INFORMATION
Name: Jennifer Burdette
Mailing Address: 308 W. Millbrook Rd., Ste. D #200
Telephone Number:
Electronic Mail Address:
Select one:
o
❑
EI
o
Raleigh, NC 27609
919-422-3605
burdette@nrconsultnc.com
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 INFORMATION2
Name: See attached parcel information
Mailing Address:
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 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.
Jennifer Burdette
Print Name
Capacity: ❑ Owner fl Authorized Agent'
12/19/2022
Date
ture
E. REASON FOR JD REQUEST: (Check as many as applicable)
nI intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
n 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.
n 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.
nI 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.
nI 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.
n 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.
nI believe that the site may be comprised entirely of dry land.
n Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 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
n
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area 20 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
z
Project Coordinates (Decimal Degrees): Latitude: 35.794853
Longitude: -78.579367
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x 17 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 Jurisdictional 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.
n
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 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-
Pro gram/Jurisdiction/
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
• AJDs, please complete an Approved Jurisdictional Determination Forma
Vicinity Map
Aerial Photograph
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)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
s Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro gram/Jurisdiction/
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 federaljurisdiction 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
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/19/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jennifer Burdette, NRC, 308 W Millbrook Rd, Ste. D., Raleigh, NC 27609
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
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: Wake City: Raleigh
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.794853 Long.: -78.579367
Universal Transverse Mercator: 1 7S
Name of nearest waterbody: UT Crabtree Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date: 12/19/2022
■❑ Field Determination. Date(s): 12/16/2022
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)
See Attached Aquatic
Resource Table Excel file
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: Preliminary Jurisdictional Determination Map (Figure 4)
O Data sheets prepared/submitted by or on behalf of the PJD requestor.
n Office concurs with data sheets/delineation report.
n 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: 1:24,000; Raleigh, NC (Figure 1)
O Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey (Figure 2A)
■❑ National wetlands inventory map(s). Cite name: NWI Mapper (Figure 7)
❑ State/local wetland inventory map(s):
■❑ FEMA/FIRM maps: 3720172400K, panel 370243,effective 7/19/2022 (Figure 6)
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
• Photographs: • Aerial (Name & Date): Aerial Map (Figure 3)
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
determi nations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
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.
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
Project/Site: New Bern Crossing
Applicant/Owner: 520 State Street LLC
City/County: Raleigh/Wake
Investigator(s): A. Pierzga - NRC
Landform (hillside, terrace, etc.): Floodplain
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.792171
Section, Township, Range: N/A
Sampling Date: 12/16/22
State: NC Sampling Point: DP1 - wet
Local relief (concave, convex, none): concave Slope (%): 6-10
Long: -78.578449 Datum: NAD83
Soil Map Unit Name: WaC - Wake-Rolesville complex, 6 to 10 percent slopes, very rocky NWI classification: N/A
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?
Hydric Soil Present?
Wetland Hydrology Present?
Yes X No
Yes X No
Yes X No
Is the Sampled Area
within a Wetland? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required; check all that apply)
Secondary Indicators (minimum of two required)
Surface Soil Cracks
(B6)
Concave Surface (B8)
(C2)
Aerial Imagery (C9)
Plants (D1)
(D2)
(D4)
_
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated
_ _ _
High Water Table (A2) Hydrogen Sulfide Odor (C1) X Drainage Patterns (B10)
_ _
Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
_ _ _
Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table
_ _ _
X Sediment Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8)
_Recent _Crayfish
Drift Deposits (B3) Muck Surface (C7) Saturation Visible on
_ _Thin _
Mat or Crust (B4) (Explain in Remarks) or Stressed
_Algal _Other _Stunted
Iron Deposits (B5) X Geomorphic Position
_
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
_ _
X Water -Stained Leaves (B9) Microtopographic Relief
_
Aquatic Fauna (B13) X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches):
Wetland Hydrology Present?
Yes
X
No
Water Table Present? Yes No X Depth (inches):
Saturation Present? Yes No X Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1 - wet
Absolute Dominant Indicator
Tree Stratum (Plot size: 30' ) % Cover Species? Status
1. Platanus occidentalis 35 Yes FACW
2. Liriodendron tulipifera 10 No FACU
3. Liquidambar styraciflua 25 Yes FAC
4. Quercus alba 10 No FACU
5. Quercus nigra 10 No FAC
6.
7.
90 =Total Cover
50% of total cover: 45 20% of total cover: 18
Sapling/Shrub Stratum (Plot size: 15' )
1. Liquidambar styraciflua
2. Acer rubrum
3.
4.
5.
6.
7.
8.
9.
15 Yes FAC
10 Yes FAC
25 =Total Cover
50% of total cover: 13 20% of total cover: 5
Herb Stratum (Plot size: 5' )
1. Microstegium vimineum 100 Yes FAC
2. Scirpus sp. 5 No
3.
4.
5.
6.
7.
8.
9.
10.
105 =Total Cover
50% of total cover: 53 20% of total cover: 21
Woody Vine Stratum (Plot size: 15' )
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 5 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 35 x 2 = 70
FAC species 160 x 3 = 480
FACU species 20 x 4 = 80
UPL species 0 x 5 = 0
Column Totals: 215 (A) 630 (B)
Prevalence Index = B/A = 2.93
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
X 3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: DP1 - wet
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth
(inches)
Matrix
Redox Features
Color (moist) % Color (moist)
0-3 7.5YR 3/2 95
3-16 7.5YR 3/1 90
7.5YR 4/4
7.5YR 4/4
Types Loc2
Texture Remarks
5 C M Loamy/Clayey
10 C M Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Distinct redox concentrations
Distinct redox concentrations
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Histosol (A1)
_ Histic Epipedon (A2)
Black Histic (A3)
_ Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
_ Stripped Matrix (S6)
Dark Surface (S7)
Polyvalue Below Surface (S8) (MLRA 147, 148)
Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
X Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
X Umbric Surface (F13) (MLRA 122, 136)
Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
_ Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3lndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present?
Yes X No
Remarks:
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
Project/Site: New Bern Crossing
Applicant/Owner: 520 State Street LLC
City/County: Raleigh/Wake
Investigator(s): A. Pierzga - NRC
Landform (hillside, terrace, etc.): Floodplain
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.792240
Section, Township, Range: N/A
Sampling Date: 12/16/22
State: NC Sampling Point: DP2 - up
Local relief (concave, convex, none): concave Slope (%): 6-10
Long: -78.578373 Datum: NAD83
Soil Map Unit Name: WaC - Wake-Rolesville complex, 6 to 10 percent slopes, very rocky NWI classification: N/A
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 _
Hydric Soil Present? Yes X No _
Wetland Hydrology Present? Yes No X
Is the Sampled Area
within a Wetland?
Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required; check all that apply)
Secondary Indicators (minimum of two required)
Surface Soil Cracks (B6)
Surface (B8)
(C2)
Imagery (C9)
(D1)
(D4)
_
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave
_ _ _
High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10)
_ _ _
Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
_ _ _
Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table
_ _ _
Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8)
_ _ _
Drift Deposits (B3) Muck Surface (C7) Saturation Visible on Aerial
_ _Thin _
Mat or Crust (B4) (Explain in Remarks) or Stressed Plants
_Algal _Other _Stunted
Iron Deposits (B5) Geomorphic Position (D2)
_ _
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
_ _
Water -Stained Leaves (B9) Microtopographic Relief
_ _
Aquatic Fauna (B13) FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches):
Wetland Hydrology Present?
Yes
No
X
Water Table Present? Yes No X Depth (inches):
Saturation Present? Yes No X Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point:
DP2 - up
Absolute Dominant Indicator
Tree Stratum (Plot size: 30' ) % Cover Species? Status
1. Platanus occidentalis 25 Yes FACW
2. Liriodendron tulipifera 30 Yes FACU
3. Liquidambar styraciflua 25 Yes FAC
4. Quercus alba 20 Yes FACU
5.
6.
7.
100 =Total Cover
50% of total cover: 50 20% of total cover: 20
Sapling/Shrub Stratum (Plot size: 15' )
1. Liquidambar styraciflua 10 Yes FAC
2. Acer rubrum
3. Quercus alba
4.
5.
6.
7.
8.
9.
10 Yes FAC
5
Yes FACU
25 =Total Cover
50% of total cover: 13 20% of total cover: 5
Herb Stratum (Plot size: 5' )
1. Rubus allegheniensis 50 Yes FAC
2. Liquidambar styraciflua 15 No FAC
3. Acerrubrum 10 No FAC
4. Solidago sp. 10 No
5.
6.
7.
8.
9.
10.
85 =Total Cover
50% of total cover: 43 20% of total cover: 17
Woody Vine Stratum (Plot size: 15' )
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 8 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 62.5% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 25 x 2 = 50
FAC species 120 x 3 = 360
FACU species 55 x 4 = 220
UPL species 0 x 5 = 0
Column Totals: 200 (A) 630 (B)
Prevalence Index = B/A = 3.15
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point:
DP2 - up
Tree Stratum (Plot size:
1.
2.
3.
4.
5.
6.
Absolute Dominant Indicator
% Cover Species? Status
=Total Cover
50% of total cover: 20% of total cover:
Sapling Stratum (Plot size:
1.
2.
3.
4.
5.
6.
Shrub Stratum (Plot size:
1.
2.
3.
4.
5.
6.
=Total Cover
50% of total cover: 20% of total cover:
Herb Stratum
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
(Plot size:
50% of total cover:
=Total Cover
20% of total cover:
=Total Cover
50% of total cover: 20% of total cover:
Woody Vine Stratum (Plot size:
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL, FACW, or FAC:
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A)
Prevalence Index = B/A =
(B)
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
Tree - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub - Woody Plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately
3 ft (1 m) in height.
Woody Vine - All woody vines, regardless of height.
Hydrophytic
Vegetation
Present? Yes No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: DP2 - up
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth
(inches)
Matrix
Redox Features
Color (moist) % Color (moist)
0-16 7.5YR 4/6 100
Types Loc2
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Texture Remarks
Loamy/Clayey Clay loam
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Histosol (A1)
_ Histic Epipedon (A2)
Black Histic (A3)
_ Hydrogen Sulfide (A4)
Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
_ Stripped Matrix (S6)
Dark Surface (S7)
Polyvalue Below Surface (S8) (MLRA 147, 148)
Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
Umbric Surface (F13) (MLRA 122, 136)
Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
_ Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3lndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present?
Yes No X
Remarks:
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
a ers_ ame
S1 (SA)
S2 (SB)
W1
W2
State _ I Cowardin_Code
NORTH CAROLINA R4
NORTH CAROLINA R4
NORTH CAROLINA PEM
NORTH CAROLINA PFO
HGM_Code
RIVERINE
RIVERINE
I Meas_Type
Linear
Linear
Area
Area
I
Amount I Units
1947 FOOT
135 FOOT
0.002 ACRE
0.0501 ACRE
I Waters_Type I
DELINEATE
DELINEATE
DELINEATE
DELINEATE
Latitude
Longitude Local_Waterway
35.79410000 -78.57990000 UT Crabtree Creek
35.79530000 -78.58020000 UT Crabtree Creek
35.79280000 -78.57940000 UT Crabtree Creek
35.79220000 -78.57860000 UT Crabtree Creek
Map Unit Name
Urban land
Wake-Rolesvil le complex, 6 to 10 percent slopes, very rocky
Wake-Rolesville complex, 10to 15 percent slopes, very rocky
Map Unit
Symbol
Ur
WaC
WaD
Legend
Project Area
Soil Map Unit
Hydric
Soil
Rating
1.1
NOTES:
Web Soil Survey SSURGO Spatial Data: Wake County (Version 13, May 31, 2020)
MCADAMS
FIGURE 2A. NRCS WEB SOIL SURVEY
NEW BERN CROSSING
RALEIGH, WAKE COUNTY, NC
0 100 200
Feet
1 inch = 200 feet
VERSION: 1
DATE: 4/28/2021
JOB NO: 2020110075
DRAWN BY: pierzga
M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NewBernXing_Fig 2A Web SS.mxd, 4/28/2021 11:41:12 AM, pierzga
M It naafiM naafi d`Dr
START STREAM FEATURE,B—
@ PROPERTY BOUNDARY
LF
LEGEND
Project Area
1 Wetlands
Neuse Riparian Buffers
Streams
— Roads
2-ft Contours
Culverts
MCADAMS
END STREAM FEATURE A
@ CULVERT
4fr'
START STREAM FEATURE A
@PROPERTY BOUNDARY
+/-57L•F
END STREAM FEATUREA
FIGURE 4. JURISDICTIONAL AND EXCLUDED WATERS DELINEATION MAP
NEW BERN CROSSING
RALEIGH, WAKE COUNTY, NC
M:\Projects\Greystone\2020110075\04-Production\Natural Resources\GIS\2020110075_NBXing_Fig 4 Delineation Map.mxd, 5/13/2021 3:32:53 PM, pierzga
VV2
+/!,0.501 ac•
0 75 150
Feet
1 inch = 150 feet
VERSION: 1
DATE: 5/13/2021
JOB NO: 2020110075
DRAWN BY: pierzga
N
Legend
I I
New Bern Crossing
Panels Flood Hazard Areas
Political Areas AE
Stream Centerline Floodway(AE)
Cross Sections 0.2 % Chance Annual Flood Hazard
Levee Future Conditions 1% Annual Chance Flood Hazard
•
kx .1
ar. Earthstar 6eogria `lyiee
Dec 18, 2022
North Carolina Floodplain Mapping Program
Figure 6
U.S. Fish and Wildlife Service
National Wetlands inventor
December 18, 2022
Wetlands
❑ Estuarine and Marine Deepwater
▪ Estuarine and Marine Wetland
New Bern Crossing
❑ Freshwater Emergent Wetland ❑ Lake
❑ Freshwater Forested/Shrub Wetland ❑ Other
❑ Freshwater Pond ❑ Riverine
This map is for general reference only. The US Fish and Wildlife
Service is not responsible for the accuracy or currentness of the
base data shown on this map. All wetlands related data should
be used in accordance with the layer metadata found on the
Wetlands Mapper web site.
Figure 7
National Wetlands Inventory (NW)
This page was produced by the NW mapper
Protected Species
Alec Pierzga
From: Alec Pierzga
Sent: Thursday, November 4, 2021 3:35 PM
To: Raleigh@fws.gov
Cc: Jennifer Burdette
Subject: New Bern Crossings T&E Assessment
Attachments: 21063-NewBern-T&E Request Pkg.pdf
Good afternoon,
Attached is a protected species package for the proposed New Bern Apartments project. Please contact me if you should
have any questions.
Thanks!
Alec Pierzga
Natural Resource Consultants
10212 Creedmoor Road, Raleigh, NC 27615
pierzga@nrconsultnc.com — 919.906.8524
Natural Resource
Consultants
1
L7.li
FE LI Y W ILD JFE
SLiNV Lct
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 1 1/4/21
Self -Certification Letter
Project Name New Bern Crossings
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
"may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
"may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
"no Eagle Act permit required" determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
Species Conclusions Table
Project Name: New Bern Crosings
Date: 11/1/2021
Species / Resource Name
Conclusion
ESA Section 7 / Eagle
Act Determination
Notes / Documentation
Red -cockaded woodpecker
(Picoides borealis)
No suitable habitat present
No effect
Habitat assessment indicates no potential habitat present (mature
pine stands are absent within the project area)
Neuse River Waterdog
(Necturus lewisi)
Suitable habitat present
May affect, not likely to
adversely affect
Suitable habitat present, but aquatic life passage is severed from
known occurrences
Carolina Madtom (Noturus
furiosus)
Suitable habitat present
May affect, not likely to
adversely affect
Suitable habitat present, but aquatic life passage is severed from
known occurrences
Atlantic Pigtoe (Fusconaia
masons)
Suitable habitat present
May affect, not likely to
adversely affect
Suitable habitat present, but aquatic life passage is severed from
known occurrences
Dwarf Wedgemussel
(Alasmidonta heterodon)
Suitable habitat present
May affect, not likely to
adversely affect
Suitable habitat present, but aquatic life passage is severed from
known occurrences
Michaux's sumac
(Rhus michauxii)
Suitable habitat present,
species not present
May affect, not likely to
adversely affect
October 12, 2021 survey by NRC consultants indicates absence
Critical habitat
No critical habitat present
No effect
Bald Eagle
Unlikely to disturb nesting
bald eagles
No Eagle Act permit
required
No known nest or suitable habitat with 660' of project area
Northern Long-eared Bat
Suitable habitat present
May affect, not likely to
adversely affect
NRC is relying upon the findings of the 1/5/2016 Programmatic
Biological Opinion for Final 4(d) Rule on the Northern Long -Eared
Bat and Activities Excepted from Take Prohibitions to fulfill our
project -specific section 7 responsibilities.
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
Signature /Title
11/1/2021
Date
Draft USACE Email for USFWS Consultation
This email serves as the USACE (1) notification for the NLEB, and (2) consultation request for other
species (Situation 2).
1) Detailed project description: This verification authorizes the use of Nationwide Permit 29 to impact 25
linear feet of intermittent stream for the purpose of constructing secondary, emergency access for the
New Bern Crossings residential development. Specifically, this verification authorizes the permanent loss
of 22 linear feet of stream (0.003 acre) for culvert installation (Impact S1) and the temporary loss of 3
linear feet of stream (Impact S2) for construction access. If work cannot be completed in the dry, a
stream pump -around or diversion measure shall be employed to protect downstream resources.
Percussive activities and blasting may be required during project construction.
2) Project latitude and longitude (center of site) in decimal degrees: 35.794853, -78.579367
3) Estimate of tree clearing in the USACE action area in either acreage or number of trees cleared:
Greater than 1 AC.
Coordination and consultation concerning: Northern long-eared bat (NLEB) (Myotisseptentrionalis),
Red -cockaded woodpecker (Picoides borealis), Neuse River waterdog (Necturus lewisi), Carolina madtom
(Noturus furiosus), Atlantic pigtoe (Fusconaia masoni), Dwarf wedgemussel (Alasmidonta heterodon),
Michaux's sumac (Rhus michauxii), and the Bald Eagle (Haliaeetus leucocephalus). There are no critical
habitats in this location.
The applicant provided the following text: On November 4, 2022, a protected species assessment was
submitted to the Raleigh Office of the USFWS including an official species list generated by the USFWS
IPaC website and a NCNHP report for the project area. A self -certification letter, species conclusion
table, and email submittal are attached. No response to the assessment has been received.
For the NLEB - this project qualifies for Situation 2 —
- the action area is located outside of a red HUC and there will be pile driving or other percussive
activities (not including blasting), and the USACE has determined that pile driving, and other percussive
activities will not affect NLEB resources in a red HUC; and
- the action area is located outside of a red HUC and there will be blasting, but the blasting will not occur
within 0.25 mile of a red HUC boundary.
USACE Rationale and Determination: The USACE conducted a GIS review of the project and surrounding
areas and also reviewed the most current maps of confirmed/known hibernation and maternity (tree)
sites for the NLEB at http://www.fws.gov/raleigh/NLEB_RFO.html and via ArcView GIS and has
determined that the action area for this project is located outside of the highlighted areas/red 12-digit
HUCs and activities in the action area do not require prohibited incidental take; as such, this project
meets the criteria for the 4(d) rule and any associated take is exempted/excepted.
U.S. Fish and Wildlife Service (Service) Concurrence for the NLEB: This notice is being sent to the Service
in accordance with the surrogate consultation procedure/SLOPES that was established between the
Service's Asheville and Raleigh Ecological Offices and the USACE, Wilmington District, for the NLEB. This
project does not require prohibited intentional take of the NLEB and meets the criteria for the 4(d) rule;
therefore, any associated take is exempt, and it is not necessary for the USACE to wait 30 days for the
Service to object or concur.
USACE determination for other species and/or critical habitat under consultation, informed by
consultant reporting -- OTHER SPECIES. AFFECT DETERMINATION for the following reasons:
Red -cockaded woodpecker — No Effect — According to Appendix A of the RCW SLOPES Manual — North
Carolina, the project area is not within the RCW Section 7 consultation area.
Neuse River waterdog — May Affect, Not Likely to Adversely Affect — The applicant submitted a habitat
assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream
connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary
onsite to Crabtree Creek.
Carolina madtom — May Affect, Not Likely to Adversely Affect - The applicant submitted a habitat
assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream
connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary
onsite to Crabtree Creek.
Atlantic pigtoe — May Affect, Not Likely to Adversely Affect — The applicant submitted a habitat
assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream
connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary
onsite to Crabtree Creek.
Dwarf wedgemussel — May Affect, Not Likely to Adversely Affect - The applicant submitted a habitat
assessment to USFWS on November 4, 2021, documenting suitable habitat, but altered downstream
connectivity due to a perched culvert located under Interstate 440 that connects an unnamed tributary
onsite to Crabtree Creek.
Michaux's sumac — May Affect, Not Likely to Adversely Affect — The applicant completed a field survey
on October 13, 2021, during the optimal survey window and did not observe Michaux's sumac.
Bald eagle — No Eagle Act Permit Required — There are no known nests or suitable habitat within 660
feet of the project area. NCNHP data indicates that the nearest documented occurrence of bald eagle is
located approximately 1.3 miles northwest of the project area.
Also, USACE is not aware of any other issues concerning listed species and/or critical habitat and has
determined that the project would have no effect on any other species and/or critical habitat. Please let
us know if you have information to the contrary and/or if you need additional information.
Cultural Resources
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
January 26, 2023
Alec Pierzga
Natural Resource Consultants
308 West Millbrook Road, Suite D #200
Raleigh, NC 27609
pierzga@nrconsultnc.com
Re: Construct New Bern Crossings Multi -family apartments, 3312 & 3600 New Bern Avenue, Raleigh,
Wake County, ER 22-1961
Dear Mr. Pierzga:
Thank you for your letter of December 19, 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.review@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
1„r Ramona Bartos, Deputy
U 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