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HomeMy WebLinkAbout20230397 Ver 1_ePCN Application_20230313DWR 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: 1/9/2023 BIMS # Assigned * Version#* 20230397 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* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:chad.turlington@ncdenr.gov Information for Initial Review la. Name of project: Dunn Industrial Park la. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email: * lc. Primary Contact Phone: * dshirley@sandec.com (919)846-5900 Date Submitted 3/13/2023 Nearest Body of Water Mingo Swamp Basin Cape Fear Water Classification C;Sw Site Coordinates Latitude: 35.308186 A. Processing Information Longitude: -78.576259 Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Harnett 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: 39 - Commercial/Institutional Developments Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used) 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: SRE Dunn Industrial, LLC 2b. Deed book and page no.: DB:3990, DP: 0489 2c. Contact Person: J. Mathew Stephens 2d. Address Street Address 319 Chapanoke Rd Address Line 2 Ste 102 City Raleigh Postal / Zlp Code 27603-3433 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (816)645-9812 2g. Email Address: * Michael@flintdevelopment.com 3. Applicant Information (if different from owner) 3a. Name: Michael Miller 3b. Business Name: Flint Development 3c. Address Street Address 3515 W 75th St Address Line 2 Suite 103 City Prairie Village Postal / Zip Code 66206 3d. Telephone Number: (816)645-9812 3f. Email Address: * Michael@flintdevelopment.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road Address Line 2 Suite 104 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * dshirley@sandec.com C. Project Information and Prior Project History State / Province / Region KS Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: Of appropriate) lc. Nearest municipality / town: Dunn 2. Project Identification 2a. Property Identification Number: 1526-77-5334 2b. Property size: 139 2c. Project Address Street Address 453 Rooms To Go Way Address Line 2 City State / Province / Region Dunn NC Postal / Zip Code Country 28334 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Mingo Swamp 3b. Water Resources Classification of nearest receiving water: * C;Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300060103 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 existing conditions of the project area consists of agricultural land with perimeter wooded areas. Specifically there are two perennial streams (A & B), four onsite wetlands (W1-W4), an offsite wetland that runs parallel with Rooms To Go Way, a jurisdictional "open water' that also runs parallel to Rooms To Go Way, three jurisdictional ditches going through the agricultural fields and wood line, and one non -jurisdictional agricultural ditch along the woods line. The general land use of the vicinity of the project consists primarily of agriculture and rural residential, and some commercial. 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: Approximately 12.8 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 612 LF of perennial stream, 3745 LF of jurisdictional ditches, and 802 LF of open water 4h. Explain the purpose of the proposed project: * The project purpose is to construct an industrial park and necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of the construction of an industrial development consisting of warehouse buildings, truck docks, trailer parking, parking, utilities, driveway and SCM's. Specifically, there are two warehouse buildings with associated parking, trailer storage and loading areas. Water and sewer is to be provided to the site from the west along Rooms to Go Way through an existing utility easement. There are also two wet ponds to treat post construction storm water runoff. Proposed impacts include one entrance driveway crossing (JD ditch/open water), one offsite utility connection impacting wetlands, and two areas of JD ditch fill for the industrial buildings and parking. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: 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: SAW-2017-01863 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Kevin Murphrey Soil & Environmental Consultants, PA 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: Email verified on 12/7/2022 by Liz Hair (SAW-2017-01863) `Please note that S&EC was tasked with delineating the offsite area post USACE Verification. An email with the updated delineation information was mailed to Liz Hair on 2/27/2023* 6. Future Project Plans 6a. Is this a phased project? * Yes No 6b. If yes, explain. It is possible that the trailer storage area may be converted into a third building. However, and future phases will be developed within the current limits of construction. 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? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory O 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts O Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 29. Impact area* Impact 2 Water & Sewer Conection (permanent- no permanent loss) P Bottomland Hardwood Forest Offsite Wetland Yes Both 0.180 (acres) impact 3 Buidling & Drive P Unknown JD Ditch Yes Both 0.020 (acres) Impact 3 Building, Drive and parking P Unknown JD Ditch Yes Both 0.100 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.300 2i. Comments: 2g. Total Permanent Wetland Impact 0.300 Total permanent loss wetland = 0.12 acres; Total permanent -no permanent loss wetland = 0.18 acres; 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area Impact 1 Driveway Crossing P JD Open Water Culverts Ditch 0.02 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.02 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.02 1. Avoidance and Minimization O la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation for the entire property, including an offsite area adjacent to Rooms To Go Way and southwest of the property boundary, in order to identify natural resources so that impacts could be avoided and minimized to the maximum extent practicable. This project is proposing the use of this property for warehouse and distribution. This type of use requires large buildings with truck docks as well as trailer parking. The site location is ideal due to the proximity of Interstate 95. Impact 1 is a proposed Driveway crossing to a jurisdictional open water feature. Proposed impacts include permanent (culvert & riprap) open water impacts. This driveway crossing is necessary to access the property from Rooms to Go Way. Impacts have been minimized by shifting the crossing to the southwest to avoid perennial stream B and wetland W4. Impact 2 is a proposed water and sewer utility crossing to a jurisdictional wetland. Proposed impacts include permanent -no permanent loss wetland impacts (i.e. open cut construction). This utility crossing is necessary to connect to existing sanitary sewer and water lines located off property to the southwest. Wetland mitigation is proposed at a 1:1 ratio to compensate for the wetland conversion within the permanent maintenance easement. Impacts 3 is proposed permanent loss fill to a jurisdictional ditch. This fill is necessary to utilize the space on the property as necessary for a warehouse and distribution center. Building 2 size has been reduced to minimize impacts, Building 2 rear loading and service area has been reduced (in the NW corner) to minimize impacts, and Building 2 location is optimal for direct connection via driveway to Rooms to Go Way. Impacts 4 is proposed permanent loss fill to a jurisdictional ditch. This fill is necessary to utilize the space on the property as necessary for a warehouse and distribution center. Building 1 location has been shifted north to minimize impacts, Retaining wall has been added to the west of building 1 to minimize impacts, Building 1 south loading and service area has been reduced (in the SW corner) to avoid impacts to wetland W1 and Building 1 parking has been revised in a manner that is not optimal to shift the building. It should also be noted that a reduction in building area anymore than already demonstrated would make the project financially unfeasible, and the buildings and infrastructure have been designed in a manner to avoid impacts to the onsite jurisdictional wetlands and streams. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion control measures such as sediment ponds, tree protection fencing, silt fencing and coffer dams shall be utilized during construction to minimize impacts to wetlands, creeks, ditches and offsite properties. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.18 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments S&EC reviewed the NCDWR Approved Mitigation Banks in NC list, there were no private mitigation banks listed within the 03030006 HUC. Wetland mitigation proposed for Impact #2, the offsite utility corridor at a 1:1 ratio for the conversion of a forested wetland to a permanently maintained herbaceous wetland. Compensatory mitigation not proposed for Impact #1-the open water ditch (mitigation not required for open water impacts) and for Impacts 3 & 4-the jurisdictional ditches. Additional discussion regarding mitigation on attachment. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: This project is located in the Cape Fear River Basin which is not within a river basin with NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Two wet detention basins will treat post construction runoff 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. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Dunn Industrial Park project is a industrial development. Additionally, the project is located within the City of Dunn jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 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. Discharge to City of Dunn Public Utilities. 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? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on January 24, 2023. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days which in their interpretation means that they concur with the determinations made by S&EC. The S&EC determinations were that the proposed project is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). Please see attached S&EC Threatened & Endangered Species report. 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? * The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 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 NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on February 27, 2023, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries. 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?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN Attachments_Dunn Industrial.pdf 18.4MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Deborah Shirley Signature Oetelote?..0 ,(rt'tl�r7 Date 3/13/2023 PCN Attachments 1. AGENT AUTHORIZATION 2. NCDWR PRE -FILING ACKNOWLEDGEMENT 3. USGS TOPO VICINITY MAP 4. NRCS COUNTY SOIL SURVEY VICINITY MAP 5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 6. S&EC SKETCH MAP 7. MITIGATION ACCEPTANCE LETTER 8. MITIGATION PHOTOS AND DISCUSSION 9. S&EC THREATENED & ENDANGERD SPECIES REPORT 10. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 11.IMPACT EXHIBITS 12. POST -CONSTRUCTION DRAINAGE AREA MAP Project Name/Description: Date: 12/21 /22 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com AGENT AUTHORIZATION Dunn Industrial Park The Department of the Army U.S. Army Corps of Engineers, 69 Darlington Avenue Wilmington, NC 28403 Attn: Liz Hair Wilmington District S&EC Project # 15365 Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1526-77-5334 Site Address: 453 Rooms To Go Wav City, County, State: Dunn, Harnett County, NC APPLICANT INFORMATION: Name: Michael R. Miller Mailing Address: 3515 W 75th St Suite 103 Prairie Village, KS 66206 Telephone Number: 816-645-9812 Email: Michael@flintdevelopment.com Michael R. Miller Applicant (please print) Applicant Signature 12/21 /22 Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Deborah Shirley From: Deborah Shirley Sent: Monday, January 9, 2023 3:28 PM To: 40lPreFile@ncdenr.gov Cc: Turlington, Chad Subject: DWR Pre -Filing Meeting Request -Dunn Industrial Park Attachments: Dunn Industrial Park Site Preliminary Site Layout with notes.pdf 401/Chad: Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed. Contact: Deborah Shirley Contact Email address: dshirlev@sandec.com Project Applicant: Flint Development; Michael Miller Michael @fli ntdevelopment.com Project Name: Dunn Industrial Park Project County: Harnett Is this a Transportation Project: No Types of Approvals Sought from DWR: 401 WQC- 4249 & 4263 (and possible 4276) Types of Approvals Sought from USACE: NWP 18 & 39 (and possible NWP 58) Does this project have an existing project ID#? No Name of staff member you would like to request a meeting with, if necessary. Chad Turlington Brief Description of the proposed project: The proposed road project will be an industrial development in Dunn, Harnett County, NC. The project is approximately 136 acres. The project purpose is to construct an industrial park and necessary infrastructure. There are essentially four proposed impact areas, one entrance road crossing (JD ditch/open water), two areas of JD ditch fill for the industrial building and parking, and one area of JD ditch fill for and SCM. There is also possible offsite water and sewer connection impacts, S&EC is going to delineation that offsite area 01/10/2023 and if any wetlands/streams are identified, they will be incorporated into the proposed site plan. Please see Overall Site Plan for reference. Thanks, DEBORAH E. SHIRLEY Project Manager -Regulatory Specialist Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 256-4512 Mobile (919) 673-8793 dshirley@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. C Offsite Area Evaluation Area e Village JoNE $ C�D MIXON RD McL,ambs Pond 1 _L L �m-- AL—u �M11 190 Br dge �O0 \ Project Number: Map Title: N 15365.W1 0 1,000 2,000 Project Manager: Figure 1- USGS Map I i i i I i i i I $B Harnett County, NC Feet Scale: 1 if = 1 000' ' Soil & Environmental Consultants, PA Date: Source: USGS Harnett County dx.W.s�e,oa.�m�xzs,,.w.�9�oo.F <9,9a46.9� 02/16/2023 NC Dunn Quad r, Offsite Area o Evaluation Area NoE3 No Ra NoA Bb R a' B t NoA J i LB NoB NoB Pd Ro NoB - NC Center or eogr phic In orma��ion A al i Project Number: Map Title: N 15365.W1 0 500 1,000 Project Manager: Figure 2- Soil Survey Map I I I I I I I I $B Harnett County, NC Feet Scale: 1" = 500' • Date: Source: Harnett County Soil & Environmental Consultants, P 0 2 / 16 /2 0 2 3 8412 Falls ofN.— Road, 6ui. 104, Raleigh, NC 27615 • Phove: (919) 846-5900 • Pas (919) 846-946 Soil Survey Sheet 13 ,.de — Deborah Shirley From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, December 8, 2022 11:50 AM To: Steven Ball Cc: Kevin Murphrey Subject: RE: [URL Verdict: Neutral][Non-DoD Source] Updated Map POST USACE SITE VISIT_ 453 Rooms To Go Way -JD Request_S&EC 15365 Hi Steven, I enjoyed getting out in the field, I don't get to do it enough these days. To answer your questions: Yes, the road crossing over the feature adjacent to Rooms to Go Way would be considered an open water impact. The feature labeled 'Ag/field ditch' would not require authorization (yellow dashed line). The rest of the ditches are considered potentially JD, so they would need to be included in impact calculations. Let me know if you have any other questions. Thanks! Liz From: Steven Ball <sball@sandec.com> Sent: Thursday, December 8, 2022 11:07 AM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Cc: Kevin Murphrey <kmurphrey@sandec.com> Subject: [URL Verdict: Neutral][Non-DoD Source] Updated Map POST USACE SITE VISIT_ 453 Rooms To Go Way_JD Request_S&EC 15365 Hey Liz Thanks for meeting Kevin on site yesterday. Please see the attached updated sketch map from the your site visit. I have a couple of clarification questions for you on the ditch changes. For the Area along the frontage of Rooms to Go way, will this "Jurisdictional Open Water" ditch require a permit as an open water impact? Also, for the "Agricultural/Field Ditch", will this be considered "JD" as it is not labeled JD Ditch like the other ditches? Just trying to see if that portion of the ditch will require a permit for impacts. This site will be a large footprint type site plan, so there will be impacts to the ditches. That's why I am just trying to make sure we take out any questions on the front end. Let me know your when you get a second. Thanks again! SB Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@sandec.com Visit us at sandec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. { g Legend l e fW 4 ' k + II �. _ a• x - _ Yam. ��. * �s rt ��' KM08 tt DitchF KMO0 06 tt 67 F 2 End / TT Ditch ' W4 OL _ . . s CO {{ X A B 106 End KM05 tt 61 f- 07 Start 01 Start �; I 40 70 tt PL t f r i': • t , #+ r r t #ol #� 5 ' 5 i* M \ / . * x 4 K 3 • ;0% IL 0� of 401, G qr Ar iAS� 4. Detailed Delineation of Waters of the US Suitable for Preliminary Planning Only S&,EC reserves the right to modify this map based on more fieldwork, and any other additional information. Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S&EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S&,EC, they should retain a NC Registered Professional Land Surveyor to locate S&EC's flagging. I Wetland Sketch Map Project No. Scale: 15365.W1 1 =150' Project Mgr.: 01/10/2023 SB NO 453 Rooms to Go Way, Dunn, NC Prepared by: KM & MM Offsite Evaluation Area -t .x Evaluation Area Jurisdictional Perennial Stream Jurisdictional "Open Water" +{_,# Y Jurisdictional Ditch ih Agricultural/Field Ditch }' = Jurisdictional Wetland �P W3 2' Harnett County Contours 26 tt ditch ; 58ttPL � KM01 tt CH Pond/impoundment located within wetland line. 103 tt JH70 JH01 tt PL 9% VA Per site visit with Liz Hair of the USACE on 12/7/2022. Offsite area not verified. 8412 Falls of Neuse Road, Suite 104, Raleigh. NC 27615 • Phone: (919) 946-5900 • Fax: (9 i 9) 84&9467 sandec."n, tk 01 tt PL JH36 tt PL 7 N 0 200 400 800 Feet ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Hunter Harris Flint Development 3515 W 75th Street, Suite 103 Prairie Village, KS 66206 Project: Dunn Industrial Park NORTH CAROLINA Environmental Quality March 10, 2023 Expiration of Acceptance: 9/10/2023 County: Harnett The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Cape Fear 03030006 Riparian Wetland 0.18 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Deputy Dlrector cc: Debbie E. Shirley, agent ilg�� North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Janes Street 1 1652 Mail Service Center I Raleigh, North Carolina 2 7699 -1652 oerartnic:r. nl cnr ionmcrlal r� �f 919,707,8976 Compensatory Mitigation Photos Impact#1-Jurisdictional Open Water Impact 1 is proposed open water impact for a driveway crossing. Traditionally open water impacts do not require compensatory mitigation. Compensatory mitigation is not being proposed for this impact. Compensatory Mitigation Photos Impact #3-Jurisdictional Ditch Impact 3 is proposed jurisdictional ditch fill for Building 2, loading dock and vehicle access. This jurisdictional ditch was likely manually constructed or modified during previous agricultural operations. Previous land use shows agricultural land wihtin the assessment area and the watershed draining to the assessment area. The vegetation composition is severly altered and diversity is low. Compensatory Mitigation is not proposed for this impact area. Compensatory Mitigation Photos Impact #4-Jurisdictional Ditch Impact 4 is proposed jurisdictional ditch fill for Building 1, loading dock and parking. This jurisdictional ditch was likely manually constructed or modified during previous agricultural operations. Previous land use shows agricultural land wihtin the assessment area and the watershed draining to the assessment area. The vegetation composition is severly altered and diversity is low. Compensatory Mitigation is not proposed for this impact areadd. Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com January 16, 2022 To: U.S. Fish and Wildlife Service S&EC Project No: 15365.W4 Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Dunn Industrial Park, Dunn — Harnett County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review January 16, 2022 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of. A planned industrial park development and offsite easement that is proposing impacts ditches. Additionally, there are proposed wetland impacts in the offsite easement. The location of the project and the action area are identified on the enclosed maps. Dunn Industrial Park (35.308340,-78.575998). The site is located at 453 Rooms To Go Way, Dunn Harnett County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 39 & 58. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC: 27615 • Phone: (919) 846-5900 •lax: (919) 846-9467 sandcc.com January 16, 2023 S&EC Project No.: 15365.W4 To: Capital Civil Engineering Attn: Michael McQuillen PO Box 1006 Apex, NC 27502 Re: THREATENED & ENDANGERED SPECIES REPORT Dunn Industrial Park (+/- 136 acres & Offsite Easement) 453 Rooms to Go Way, Dunn, Harnett County, NC Dear Mr. McQuillen: On January 10, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Dunn Industrial Park shown on the attached maps for potential endangered species. The property is located at 453 Rooms To Go Way in Harnett County, NC. Surface waters on -site flow into Mingo Swamp in the Cape Fear River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C;Sw. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Dunn Industrial Park - S&EC Threatened & Endangered Species Report Page 1 of 5 January 16, 2023 S&EC Project #15365.W4 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Tricolored Bat (Perimyods subflavus), Proposed Endangered • Red -cockaded Woodpecker (Picoides borealis), Endangered • American Alligator (Alligator mississippiensis), Threatened • Yellow Lance (Elliptio lanceolata) , Threatened • Monarch Butterfly (Danaus plexippus), Candidate • Rough -leaved Loosestrife (Lysimachia asperulaefolia), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified one managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. TRICOLORED BAT (Perimyotis subflavus): S&EC personnel conducted preliminary surveys for suitable habitat and individual Tricolored Bat's within the project area. During our survey, we found no individual species. Relying upon the findings of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat. S&EC did not identify any culverts on -site or within adjacent ROW large enough to be considered roosting habitat. These culverts were primarily full of water. This site is mostly open fields, with some wooded areas along the streams and wetlands. Due to the nature of the project being industrial development, which will include some tree removal, we concluded that the project would "May affect, but not likely to adversely affect" TCB's. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine Dunn Industrial Park - S&EC Threatened & Endangered Species Report Page 2 of 5 January 16, 2023 S&EC Project #15365.W4 forests) within the project area. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have "No effect" on RCWs. AMERICAN ALLIGATOR (Alligator mississippiensis): S&EC personnel conducted preliminary surveys of suitable habitat for the American Alligator. The NHP report did not list any known elemental occurrences within the project area or within one mile of the project area. No evidence of American Alligator was observed on -site. Suitable habitat for the American Alligator consists of lakes, rivers, creeks, marshes, swamps, and ponds. Due to the presence of streams and wetlands on -site, S&EC believes there is marginal habitat given all the open water within the wetlands. However, there are only minor impacts associated with the utility easements, so S&EC believes that the project would have "No effect' on the American Alligator. MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving pollinator habitat where practicable. ROUGH -LEAVED LOOSESTRIFE (Lysimachia asperulaefolia): S&EC personnel conducted a preliminary survey of the site for potential suitable habitat for the Rough -Leaved Loosestrife. The NHP report did not list any known elemental occurrence within the Project area or within one mile of the site. The suitable habitat for this species is edges between longleaf pine stands, and pond pocosins. This species can also be found alongside roads and maintained easements. During our assessment we found no species of Rough -Leaved Loosestrife. Our preliminary survey concluded that potential suitable habitat exists on -site. There are disturbed areas along the roads and easements, as well as field edges adjacent to wetlands. While we did not find any Rough -Leaved Loosestrife plants within the project area, our survey was conducted outside of the optimal survey window and as suitable habitat was found it is possible that Rough -Leaved Loosestrife exists and therefore we concluded the project would "May affect" Rough -Leaved Loosestrife. We Dunn Industrial Park - S&EC Threatened & Endangered Species Report Page 3 of 5 January 16, 2023 S&EC Project #15365.W4 recommend consulting with the USFWS and/or conducting follow up surveys within the optimal survey window. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to disturb nesting bald eagles ". We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. 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." Due to the nature of the project being industrial development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. However, as suitable habitat exists for Rough -Leaved Loosestrife the USFWS should be consulted to determine if surveys need to occur during the optimal survey windows for Rough -Leaved Loosestrife to ensure that no plants exist within the disturbed limits of the project. We strongly recommend requesting a concurrence letter from the FWS. Dunn Industrial Park - S&EC Threatened & Endangered Species Report Page 4 of 5 January 16, 2023 S&EC Project #15365.W4 Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. December 20, 2022. 7. NHP Report: December 20, 2022. 8. S&EC — FWS Species Conclusion Table. January 16, 2023. 9. S&EC — FWS Self -Certification Letter. January 16, 2023. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyods subflavus) Version 1.1. Hadley, MA. -U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western North Carolina. Ashville, NC. Dunn Industrial Park — S&EC Threatened & Endangered Species Report Page 5 of 5 ill c8PA f6 ` Y,O JOKE MIXON RD v �oF' o titi} 1! a Zp0' 0--,'�,��, , �0r3. :1,11 NC 55- ••• 1 --� E Min go B r dge zoo l .� NC Center for ographic Information & Analysis Project Number: Map Title: N 15365.W4 0 1,000 2,000 Project Manager: USGS MapI I I I I I I I I MM Harnett County, NC Feet Scale: 1" = 1000' Date: Source: USGS Harnett County Soil Environmental Consultants, P 9512 F.1h oP \coat &a.d S.Rl 104. I.W& \C 2%L5 - Phac! (919) M&3MW- F.: (919) 01 /16/23 NC Dunn Quad cL.ar Zbs Pond 1 A oI 0 V -'1 JfIJ Nos \ 17 Ra NoA qf 9- No] Bb Ra' B t NoA LB NoB NoB Pd Ro _BbWEI 1 - C Cen�€r or €ogr phic Informa��ion A aly i Project Number: Map Title: N 15365.W4 0 500 1,000 Project Manager: SOII Survey Map I I I I I I I I I MM Harnett County, NC Feet Scale: 1=500' Date: Source: Harnett County Soil Environmental Consultants, P Ri 13 F.1h of \coat &a.d S.Rl 104. H�1d& \C 27613 - Phac! (919) 84&3W- F.: (919) 1 /16/23 Soil Survey Sheet 13 �^ t �11 �.. T �.0 r=,: 'Photo 2 .* S- .A r UP-4 Photo 3 �P40 40 ' 1k ► + F- 10, II a t _ * + -4 5�' . , • - '�f •; t 0 t} # I Aerial Photo Map 0000000000000 + � 0 M A U Project No. Scale: 15365.W4 1 =150' Project Mgr.: 01/10/2023 MM a o--. 453 Rooms to Go Way, Dunn, NC Prepared by: KM & MM q?. . J-�► } .4 9% Photo 7 Legend �Offsite Evaluation Area Z of Evaluation Area i %�//%I-i-. Jurisdictional Perennial Stream Jurisdictional "Open Water" o°°°000c000 Jurisdictional Ditch Agricultural/Field Ditch Jurisdictional Wetland 2' Harnett County Contours h Z w iii soma. r Photo 5 Photo 6 Per site visit with Liz Hair of the USACE on 12/7/2022. Offsite area not verified.� 4PA it w 8412 Falls of Neuse Road, Suite 104, Raleigh. NC 27615 + Phone: (919) 946-5900 • Fax: (9 i 9) 84&9467 sandec."n, N 0 200 400 800 Feet �•\ ,: � 4. r ! -�'S ,rya •,T� I� . i - 1; �•' S:l{ - Y d Fri `• i!•il _ jf' i• �.to _��:�_�; `` y�'z.,Tj :��- ,:y: - �d r' i s , I �.��1: '� ti,.:;f :yy.�5 � �;f�r fps • da•. PC ,1'��'. 1 ; iris, ' S. l; ,• ,.. �� { � `.-.t�� . �.r: y::. � ' y ... �: � '-'::•., S.}.'=fb�.'F. •'i i� - .r-�;: v'a',�_`.•'- ;.,`fry .d . i __ ' •.�^'' .� F�t ..,� ILL'.:' - J - �;�'• ur��i . 'i� � :�.r�'�t.y � •I�..-.��':e" �':I+"ac...:- �'�=t-• L � . �•\-�;�•'in �7tq. � P I �!'L� � • r;;j,F U-:,�, r: y • . -per �'':- •;:�;-f�`�v,;�;� �� �,� ��. �. F,"�;T ' � �_. �}��. '..� . yf': ;.,� :;�<• ` : a' - x•: ems., i' - . � , : i i' ;:�i;. �:,.. ��..e - �. {j �hr d"�s i+'� �''�' .F� ,f.. 'u�'i ��I • '�}iII4�; `��5i'4� '[} I. , ��T. .�{!}• - -y.. �it +'.-•fi'���'�. ij •'.K � e �' j,�.d ``"�I��kkk � �rl .Yj <<. .� .1� ��` �I' .• _ �• Lori I� '[r i� _ S� u:,�� :�C:.L � � �:.Fr` ''M1`, ''�^ •v}. ��a��rPi41..;jj q+��'}, �?'_ ,. .`1'�• -t'I .ti . :�����7:� �•I_I�� �:. �-7�Y.6%,'..,•. 'Y i i%,`)f'r� t� .�'• f ill-�•:7�-;fit".'s' _�� 1 ... _ .. �.' �"tie 'a�e•L�� � _'`. 717, VV 44 Nip 501 Ell �!. _ _ .'t� :'Ya• '� { 7�1' .4.T•!�l?r v, + 14 '. :�� �• �' �r+; 1 4 �: ;� $'i� + :+:! .• '�1. fir. 1TF � � •.. i�. ' V A0. .i, ~:cif • • � ""'�,�•-. �• � , Y } SANITARY SEWER CLEANOUT RAYMOND A. IVEY & JEAN C. IVEY PIN: 1526-69-5895.000 (NO DEED INFORMATION FOUND) TOTAL IMPACT (OFFSITE) 10,600 SF (0.24 ACRES) 40' PERMANENT UTILITY EASEME DB. 4079 P 10' TEMPORARY CONSTRUCTION EASEME SANITARY SEWER CLEANOUT DB. 4079 PG. SANITARY SEWER MANHOLE TOP = 197.28' INV IN(NE)=185.57' INV OUT(SW)=185.28' INV IN: 185.48 � Al' SANITARY SEWER MANHOLE / TOP = 198.83' p' INV IN(NE)=184.53' INV OUT(SW)=184.50' / � //•. EASENTEid��� . JANET JACKSON DOFFERMYRE & INV = 191.78' �^ / /� _MARKER , IP AP//' \\ PAMELA JUNE JACKSON NEWSOME PIN: 1526-79-5573.000 INV = 191.19' /� \CJ �� / 55 / // DB. 3484 PG. 74 , • 40' PERM�I�ENT UTILITI�E\ \ MB. 2002 PG. 1359 DB. 3982PG. 72Z0- FORCE MAIN MARKER T' W �� TEMP RARY CON NEA iMEE I PRNJA�NENPDRNAG �� JURISDICTIONAL 0�� /�"�� 4" ROPW WUJJL T EASEMENTW y W W DB. RG�i W W y \ \ OPEN WATER �L\P � �_INV�192.�1' �.�783V'G,V ,. INV = 190.58' P m/ J • �� �' W. / ✓ 20' A�CES�SA��1v1JT \ /d W 11 W DPr 154�3 PG.�82 36" RCP _ INV=190.48'/,�� _ / '4 j N�=192.57'`` �1y_may W W y y W W y v, 71 TELEPHONE PEDESTAL (TYP.) INV IN: 189.63 - INV OUT: 189.43 '/// // �_, \ -� ��-------_ -- �30' CP&L EASEMENT \ �, BUILDING \ W ` �� �� EAS�SITE--,_-��� IMPACT 1 , /%//% OF -WAY \ \ \ 4 782 JURISDICTIONAL OPEN WATER a�/' r / 9 G. 30 \ \ / \ \ \� W W W /W W W / W W 805 SF (0.02 ACRES) i I• //' \ \ \ r - I - W �\ � DITCH CT40NA� W y W W W W MIN 1 SCOTT WILSON INV IN: 188.63 -' \ \ \ \ DITCH W i W W y W W W/ ` \ PIN: 1526-2 PG. 1.000 \ �'/ EASEIv�ENT \ \ � � \ w �• / �• � �• � �• \ DB. 3522 PG. 317 INV OUT: 188.4444444� \ MARKER e / CEL/t TOWER r \ \ \ \ //- I \ \ I F�EIGHT = 255' / \ i NT �/6' CHAINLINK6€I�CE \ \ INV IN' 49'2.15 L NT \\ \\ \` *MV OUT: 191.95 / \\ \\ \ \ �� VETL,ANDFI,,,„ W \ \ \ \�N 10, INV IN: 186.13 y W \ \\ \ \ \ W yX�W W W \ W \ I S INV OUT: 185.93 J I \ \ \\ \\ \I c\ W 1 I FTC MAIN VALVE MARKER 1� \\ \ \ \ 36 FIRE HYDRANT y \ \ �ISDICTIONAL WATER VALVE (TYP.) \ \ \ BITCH, , INV IN: 193.85 \ \ \ INV OUT: 193.65 WATER VAULT \ \ IMPACT 2 y W ST TCENTERL bk I JURISDICTIONAL DITCH FEE RQPERT \�E 1,144 SF (0.026 ACRES) \/ \ M 015 a5 \ - � - �' \ KIMBERLY DAWN JACKSON HAYES \ \ \ - & TROY PAUL JACKSON \ MB. 2 4 P�. \ \ �' \ i PIN: 1526-78-6000.000 INV IN: 196.04 - - \ \ i INV OUT: 195.84 DB. 3224 PG. 52 \ � / - - GLENDA SUE WEST I / I PIN:1526-77-6970.000 DB.832 PG.853 RICUL� RALIFIELD DITCH NO - 1 RISDIIL�IONAL 21? �22S1 o i i o' A \ 19� \ WETL,tom/� s ��' 9 / �1l \ I (TYP.) i ✓ I ELECTRIC POLE TYP. 6, 24" RCP �Q \\ y W \ \ \ \ \ INV OUT: 198_05 _ \ \ \ / '9/ / I INV = 191.58' O 75� INV =191.51' 50 1 W Et P O N D \ ��\\\\ 36' \ \ EANOUT\ ERT 1 I I I Q W \ P f� E : 18 9 \ \ \\\\\ \ XX' \�EL \FEE \ \ - - \ \ \ / \l I / I / / / / / ✓� ' i O TRACT 1 \ \ \ \ \ \ \\\\ / \ \ \ \ 1 I 1 I / /I I Cp ROOMS TO GO DISTRIBUTION CO LLC I \ - -' �) \ \\ - - \ \ \ \ �El°� \ I I y CP&L/EASE NT PIN: 1526-46-8343.000 { CENTERLINE OF CREEP( IS PROPERTY DB. 3190 PG. 0372 "" 1 MB.\2015 PG. 35 / \ MB. 2014 PG. 97 W / MB. p014 PG. 97 / `I WETPON BUILLG 1 640'\1890' \621 'PMKING SPACES W y \ `� \\ IIII -' ' \ - JLRISDJ_TIONAL \_12 ADA-SPACES I \ W�ETLAN� I \ \\ �- // \\ -5TCH �\ 271 t2AILER SPACES \14-EFE: 201 ,, '/llalllllll \ _ 0 CLEARLY DEFINED C AN L / 4�1 II III / \ IMPACT 3 \ \ \ \ I I I ^,CZ / / APPROXIMATE INE FCIPp� \ ! \ \ \ \ - / /J 1 \ \ I I III I j� RISDICTIONAL DITCH' - - \ \ \ \ \ \ / I I , / MB.2015OG.35 IIIIIII \ I \ _ \ I ^ � I IIII I 4,890 SF- (fl:1 � ACRES) \ \ // 4co �`/ I/ i /70�@J �y�� \495- ' o i mil! I \ \ \ W I \ 1 I /// II \ \ \ \ TOTAL IMPACT (ONSITE INCLUDING DRIVEWAY CROSSINGS - \ \ \ 1/I / /.I \ \ \ \ 6,839 ASP (0.157 ACRES) _ - - �o� - - - - _ _ \ , \ J I / 1 1 \ \ \ O \ '�/ / �1 40 / �• JURIS\DICTI \ L DITClj \ \ �lgly'-`WETPOND I I L _ --- PpE: 177 , yirli I CREEK T(�Y {/ // r l/ I // �� FIRF� HYDRA T � II III /� 1 I / 1 \ \ 6'\ \ \ \ l �.�-•��r_ ���,\�\\� ;�='- - // r/ I l/ CI NTERLIWE OF EEK PERT \ MOB. 2015 �G. 35 MB. 12014PG. 97 so jf /%/ a Z Z a J Z J a a Lu a 'H M o J J a o Z_ F Z 0 Lu Z D:f O w 6 z 0 U) w w rn 0 °5 0 0 r N d u J W Z00 � arnz aLOF o °i N 0) Z N o LLI x L` w u J_ w r U U)0LLJ J _j C4 04 F- N F- EL oa Z � rn � o a N 0 SEAL DATE 1/10/2023 ISSUED FOR REVIEW SHEET NO. C201 0 150 300 450 WETLANDS, Il United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0027173 Project Name: Dunn Industrial Park e x hSai k 4YYFJiYJft +cfln7i� i� December 20, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 12/20/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 12/20/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 12/20/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/20/2022 Project Summary Project Code: 2023-0027173 Project Name: Dunn Industrial Park Project Type: Commercial Development Project Description: This project is located in Harnett County, NC and is approximately 136 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.30841985,-78! 57564072833758,14z 4ms To 3° Li 1 Counties: Harnett County, North Carolina 12/20/2022 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. 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. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 12/20/2022 4 Flowering Plants NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/20/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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 Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 31 Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25 USA and Alaska. 12/20/2022 NAME BREEDING SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA 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: 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. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) 12/20/2022 3 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. 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. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AmeBCCrican I BCRestrel .�II 11111111 IN� --- �--- ---- ---- —'+— Nuthatcheaded —+++ --++ ��11 E.1 IIII IIII III +--- --'— — — — — — — — — —+'— Brown-hBCC -BCR Chimney Swift BCC Rangewide —+++ —�++ — ---- ---- —++— (CON) Prothonotary BCC arbler ide - - - - - - - - - - - - - - - - -++- (CON) Rusty Blackbird —�+� —�++ --+— — 4- — — — — — — — — — — — — — — — — — — — — — — — — —+' BCC -BCR Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly 12/20/2022 4 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 (BCQ 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. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. 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? 12/20/2022 5 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (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 Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 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 Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. 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 12/20/2022 H. 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. 12/20/2022 IPaC User Contact Information Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 ■�r'f NC DEPARTMENT CF Nor III JUKE NATURAL AND CULTURAL RESOURCES No I December 20, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE. Dunn Industrial Park, 15365.W4 Dear Robert Zarzecki: Ray Cooper, Governor 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-20330 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here. httl2s //www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTt1ENT OF NATURAL AND CULTURAL RESOURCES 4] 121 W JONES STREET, RALEI01_ NC 27603 - 1651 MAIL SERVICE CENTER. RALEIGH. NC 2761* OFC !Dig 707.9120 • FAX 919.707.412, Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Dunn Industrial Park Project No. 15365.W4 December 20, 2022 NCNHDE-20330 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID cientific Name Common Name Group Observation Date dhM Dragonfly or 33771 Somatochlora Coppery Emerald 2004-Pre Damselfly georgiana Dragonfly or 33751 Somatochlora Coppery Emerald 2004-Pre Damselfly georgiana Dragonfly or 33781 Stylurus ivae Shining Clubtail 2004-Pre Damselfly Freshwater Fish31798 Enneacanthus Blackbanded Sunfish 1962-08-19 chaetodon Vascular Plant 9599 Buchnera americans American Bluehearts 1950-07-02 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area f�,7anaged Area Name Own City of Dunn Open Space City of Dunn Element Accuracy Federal State Global State Occurrence Status Status Rank Rank Rank I M i -9 H? 5-Very --- Significantly G3G4 S1? Low Ra re H? 5-Very --- Significantly G3G4 S1? Low Ra re H? 5-Very --- Significantly G4 S1? Low Ra re H 3-Medium --- Significantly G3G4 S3 Ra re H 4-Low --- Endangered GNR S1 Owner Type = Local Government Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on December 20, 2022; source: NCNHP, Q3, October 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Memorial Cemetery ly Rd Pie IP sr akeside Village 301 NCNHDE-20330: Dunn Industrial Park a a Lec Rd Jonesboro Rd wise 9s Jonesboro Rd y W11A Rd _ y a S � � Carolina y c � a r a� Ct0 • 'PG7 .' Fy � v � � L Dunn Fe r 0 P H^r 7 a a � w � 7 ns N a W+E S December 20, 2022 0 Managed Area (MAREA) 0 Buffered Project Boundary Project Boundary I r r C High ,d 55 NVSSF m J C � ° Harnett -Gunn PaC Hwy ! q- \ r ea } 0.33 0.65 1.3 Mils Sources: Esn, Airbus G5, USGS, NGA NASA, CGIAR, N Robinson, NCEAS, NLS, 05. NMA, Geodat rAyrelsen, Rgks—terstaal, GSA, Geofand FEh9A, Inlermap and the GIS user CAmmunity Saurces� Esri, HERE. Gatmin, FAG, NOAA, USGS, 0 Opengt(N Map coruributars. and Ine GIS User Community Page 3 of 3 Species Conclusions Table Project Name: Dunn Industrial Park Date: January 16, 2022 / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation -Species Tricolored Bat Suitable habitat present, May affect, not likely to adversely affect Preliminary habitat survey completed by (Perimyotis subflavus) species not present S&EC staff on January 10, 2022. Red -cockaded Woodpecker No suitable habitat present No effect Preliminary habitat survey completed by (Picoides borealis) S&EC staff on January 10, 2022. American Alligator Suitable habitat present, No effect Preliminary habitat survey completed by (Alligator mississippiensis) species not present S&EC staff on January 10, 2022. Rough -leaved Loosestrife Suitable habitat present May affect Preliminary habitat survey completed by (Lysimachia asperulaefolia) S&EC staff on January 10, 2022. Please note this survey took place outside of the optimal survey window (May through October). Bald Eagle Unlikely to disturb nesting No Eagle Act permit required Preliminary habitat survey completed by (Haliaeetus leucocephalus) Bald Eagles S&EC staff on January 10, 2022. Northern Long-eared Bat Suitable habitat present, May affect, not likely to adversely affect Preliminary habitat survey completed by (Myotis septentrionalis) species not present S&EC staff on January 10, 2022. 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. Critical Habitat No critical habitat present No effect 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. Mason Montaomery / Environmental Scientist, Wetlands Department at S&EC, PA January 16, 2022 Signature /Title Date United States Department of the Interior Project Name D u n n Dear Applicant: FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1/16/2023 Self -Certification Letter Industrial Park U.t�. FIE3LI Y Wrt.M amc SNNVICIi 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; 0 "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 [all;RRIMI LEGEND * EIP = EXISTING IRON POINT * EIR = EXISTING REBAR * CP = CALCULATED POINT -0- ELECTRIC POLE 10 ELECTRIC VAULT < GUY WIRE WATER VALVE FIRE HYDRANT * SANITARY SEWER MANHOLE * SANITARY SEWER CLEAN OUT Eg FIBER-OPTIC VAULT FIBER-OPTIC MARKER o TELEPHONE PEDESTAL O/H ELECTRIC LINE— 11E STORM WATER LINE FENCE 6' WIDE JURISDICTIONAL OPEN WA TER 6' WIDE JURISDICTIONAL OPEN WATER roij RIP- P JURISDICTh Z­ 17 -XISTING GRAVEL DRIIE AND CELL TOWER 3 96A TRACT 1 ROOMS TO GO DISTRIBUTION CO LLC PIN: 1526-46-8343.000 DB. 3190 PG. 0372 MB. 2014 PG. 97 WETLANDS W2 EIP CREEK TOP JURISDICTIONAL PERENNIAL STREAM 4' WIDE T TONAL DI TCH RAYMOND A. IVEY & JEAN C. IVEY PIN: 1526-69-5895.000 DEED INFORMATION FOUND) JANET JACKSON DOFFERMYRE & PAMELA JUNE JACKSON NEWSOME PIN: 1526-79-5573.000 DB. 3484 PG. 74 MB. 2002 PG. 1359 c__ El NOT HELD T11") ---------------------- --- v v . . . ------------------------------------ R� ----------------------- ------ ------------- -- " w, ,4 IDE' ----------------------- I JR&DIC17OXA4 DITCht v i A GRICUL TURA LIFIEL D DI TCH NON -JURISDICTIONAL LOT 1 SRE DUNN INDUSTRIAL,",PLC PIN: 1526-77-5334 ------------ DB. 3990-P-G-.--4-8 9 MB. 2015 PIGS. 35 3 6 6,040,234 SF OR 138.6647-,ACRES -( ARE A--Ta-C - ENTERLINE"'--,,' OF W. CORE-RQAD) 4'MDE ------------- A------ Wt7LsklYDj wi MARY SCOTT WILSON PIN: 1526-78-2681.000 DB. 3522 PG. 317 EIF BENT KIMBERLY DAWN JACKSON HAYES & TROY PAUL JACKSON PIN: 1526-78-6000.000 DB. 3224 PG. 52 GLENDA SUE WEST PIN: 1526-77-6970.000 DB. 832 PG. 853 ------------ 0 150 300 450 1,_ &=004 z z a. 0 Z F_ a_ � o 0 Q Z 0 F- cr) Z 0 :2 0 D:f Lu a 6 z 0 U) 5; Ld w 0) 0 04 0ul r- 04 00 u z Li X_ Ld z a_ Obi z u) ly C)) Ld — LLI d C14 0) Z z C14 — x o Lu LL. z u F- Ld (f) -i F-: 5; _j Ld LLJ 00 > u) 00 U) L LLJ < 2: CC4) F- Of =F- 0 < z uO Of >_ C14 Q- 0 SEAL I � i / / / c A Ro 0 )�4/2023 DATE 2/24/2023 ISSUED FOR REVIEW SHEET NO. C100 6' WIDE JURISDIC71ONAL OPEN WATER J G Q P IMPACT 1 - PERMANENT JURISDICTIONAL OPEN WATER COFFER DAMS AND OTHER EROSION CONTROL MEASURES SHALL BE USED TO PROTECT 1 THE REMAINING PORTION OF THE OPEN WATER 1 6' WIDE JURISDICTIONAL 1 OPEN WATER IMPACT 2 - PERMANENT - NO PERM LOSS 1 , WETLAND IMPACT v = 1 OFFSITE \ 1 WETLANDS - r 40' PERMANENT UTILITY EASEMENI DB. 4079 PG. 1 ° 1 TREE PROTECTION FENCE AND OTHER y EROSION CONTROL MEASURES SHALL BE USED TO PROTECT 1 THE REMAINING PORTION OF WETLANDS 1 IMPACT 3 - PERMANENT y JURISDICTIONAL DITCH 1 W 1 WyW COFFER DAMS AND OTHERS / EROSION CONTROL MEASURES SHALL BE USED TO PROTECT THE REMAINING PORTION OF THE JURISDITIONAL DITCH ILIMITS OF DISTURBANCE LIMITS OF DISTURBANCE CREEK TOP JURISDICTIONAL PERENNIAL STREAM A --mml� JURISDIC77ONAL DI TCH W WETLANDS y W2 W WI ' 14 \ JURISDIC710k I INIA'L'o 11,111 -J -- �. ,d-� W-y �. �. W �. �. ,-�✓W`.,� �. �. J� �. W �. y �. W �. W �. W �. y �. W �. W �. y :� �. W �. 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C200 IMPACT 1 - PERMANENT JURISDICTIONAL OPEN WATER 1068 SF (0.02 ACRES) 6' WIDE JURISDICTIONAL DITCH IMPACT INCLUDES � � RIP -RA LIMITS OF DISTURBANCE IMPACT INCLUDES RIP -RAP LIMITS OF DISTURBANCE -------------- / INV: 191.5 r, 125 LF 60" H 3 PIPE NV: 190 205 205 200 200 --__FINISHED GRADE BLOWUP 1 DUNN INDUSTRIAL PARK 0 40 80 120 DRIVEWAY CROSSING DUNN, NORTH CAROLINA JOB NUMBER 125-001 FEBRUARY 22, 2023 SCALE: 1" = 40' IMPACT 2 - PERMANENT - NO PERM LOSS WETLAND IMPACT 8,043 SF (0.18 ACRES) i ------------ 8" PVC SEWERMAIN -" v 'r V PUBLIC 12" DIP S WA TE R M A I N "- M Iy OFFSITE WETLANDS Y " " Y I I I I , -------- LIMITS OF DISTURBANCE v v v v �9 v v v v ,, Y IN I --------------- 'M H 1 `, y I I WETLAND IMPACT BLOWUP 2 DUNN INDUSTRIAL PARK 0 40 80 120 OFFSITE WETLAND IMPACT DUNN, NORTH CAROLINA JOB NUMBER 125-001 FEBRUARY 22, 2023 SCALE: 1" = 40' EX 1 2 CN 202 06 00 N OO 0) 0O 0') 198 WETLAND IMPACT 194 12 ATERMAIN 190 35 LF OF 8' PVC 2 r I 0.5% 811 S 186 385 LF OF 8" PVC ©0.5% 0. 76 LF .60' PVC 00.5% 5.28' INV OUT: 188 11' INV IN: INV OUT: IN: 18 OUT: 1 182 OF 8" INV IN: 186.18' INV OUT: 185.98' 189.18' 188.98' 178 174 170 BLOWUP 2A DUNN INDUSTRIAL PARK 0 40 80 120 OFFSITE WETLAND IMPACT PROFILE DUNN, NORTH CAROLINA JOB NUMBER 125-001 FEBRUARY 22, 2023 SCALE: 1" = 40' NN NN lJ NN 1, q/ I NN 11 NN NN 'IN IMPACT 3 PERMANENT 0 NON N N -------------------------- JURISDICTIONAL DITCH 782 SF (0.02 ACRES) 14 INN) LIMITS OF DISTURBANCE INN VN \\N 1> NN \11, N/\ W ON JURISDICTIONAL DITCH I M PACbn T NN\ % NN, IN NN, NN, -- ------ Z 11 No, -- NNI NNN NN NN N NN NN NNN 11 INN NN, NN NNNNN\\\\ INN \1 NNN NN \N\\ NN N, I \1 NNNNN N /79 cP NN NN NNNNN N "NNNNN"N\\ NN NNI N\",\, NN\ uo -A NN NN \N\\ 00, Lo- BLOWUP 3 DUNN INDUSTRIAL PARK 0 40 80 120 JURISDICTIONAL DITCH IMPACT DUNN, NORTH CAROLINA SCALE: 1 40' JOB NUMBER 125-001 FEBRUARY 22, 2023 --------------------------------- --- ----------- 98 --------------------- \b - 5 > LIMITS OF DISTURBANCE --------------- - --------- ----------- --------- > ------------- ---------------------- > COFFER DAMS AND OTHER EROSION CONTROL MEASURES 41 SHALL BE USED TO PROTECT THE REMAINING PORTION OF THE JURISDITIONAL. 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Lu no � � a Lu ------------- 0 o F M '000,I I Z -200 0 0 ----------- 'o -T I z Ln /', / Ld 0) C) C14 co 0 C) 0 ul i r a- C14 ' , /' � rl Q z Ld ----- ------- SOUTH SCM Q-0)z -------------- z < Lo uj ------------------- POST POND TRIB L9 C14 CD Z 70.4 AC @ 90% IMP & 6'AVG DEPTH z x w u- z ±1.45 AC PERM POOL POND SA (PER MANUAL) w F- 5; Ld Ld w co < U*) i F 00 F- Egli, ul 0) < 'q- -J Ul C14 ---- ----- --- LLI C14 C14 F- F- ------------------ --- S-c M �, ,; z CD ----------- ----------------- FE -- ---- C14 04 --------------- SEAL ------------ --- ---- ---- ------ -- -e - ----- jr,00, ---- ------ I - --------- ---------- ---------- ---- ------ DATE 2 17/2023 -- -------------- ------------ 7 ISSUED FOR REVIEW SHEET NO. PRE POND TRIB 34.7 AC